A Prospective Legally Binding Instrument on TNCs and Other Business Enterprises In Regard to Human Rights: Addressing Challenges to Access to Justice Faced by Victims
The complexity of corporate structures in the current globalized economy has shaped a number of practical and procedural hurdles that victims of human rights abuses perpetrated by transnational corporations (TNCs) face when accessing judicial mechanisms in order to seek remedy, both in home and host States where TNCs operate. Some of these legal barriers include constraints in the jurisdiction of the host State due to the lack of adequate substantive and procedural laws to achieve the enforcement of effective remedy, and other obstacles related to international judicial cooperation for the collection of evidence, information and enforcement of judicial decisions, or uncertainty about the possibility of bringing claims in the home State of TNCs. (more…)
Recovering Sovereignty Over Natural Resources: The Cases of Bolivia and Ecuador
This document analyzes the renegotiation process of oil and gas contracts in two Latin American countries, Bolivia and Ecuador, from 2003 to 2010 and the measures taken for sectorial policy reform in the hydrocarbon sector and our conclusions are that it has been favourable. (more…)
Approaching States’ Obligations Under a Prospective Legally Binding Instrument on TNCs and Other Business Enterprises In Regard to Human Rights
This brief discusses possible approaches to addressing States’ obligations under a prospective international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. (more…)
UN General Assembly: World leaders pledge action to control superbugs
By Martin Khor
World leaders at the Summit of the UN General Assembly last week spoke on the need to save millions of lives by controlling the crisis of antibiotic resistance and adopted a landmark political declaration calling for global action. At the opening of the Summit of the United Nations General Assembly on 20 September, it sounded much like the swansong of two of the regular stalwarts of this annual affair. It is the last General Assembly to be attended by UN Secretary-General Ban Ki-moon and the United States President Barack Obama. (more…)
UNCTAD XIV succeeds in renewing UNCTAD mandate, after tough negotiations
Once in four years, UNCTAD holds a Conference to review the global situation and to set out UNCTAD’s work for the next four years. UNCTAD XIV, held in Nairobi in July, renewed the UNCTAD mandates but only after long negotiations where developing countries under the G77 and China had to fight hard to resist attempts to dilute UNCTAD’s work. (more…)
Tackling Antimicrobial Resistance: Challenges for Developing Countries
On 21 September 2016, a High Level Meeting was held on antimicrobial resistance at the sides of the United Nations General Assembly. It was followed by the adoption of a political declaration. This declaration paves the way for new coordinated actions on antimicrobial resistance backed by higher political commitment, on the basis of the Global Action Plan on Antimicrobial Resistance (GAP) of the World Health Organization (WHO). (more…)
Scope of the Proposed International Legally Binding Instrument on Transnational Corporations and Other Business Enterprises with respect to Human Rights
The elaboration of an ‘International Legally Binding Instrument on Transnational Corporations and other Business Enterprises with respect to Human Rights’ (hereinafter ‘the Instrument’), as mandated by the Human Rights Council at its 26th Ordinary Session (June 26, 2014), requires definitions about a multiplicity of issues. Many choices need to be made among possible policy options and properly reflected in treaty language. (more…)
The Declaration on the Right to Development, adopted by the UN General Assembly in 1986 (as Document 41/128) is 30 years old. It is appropriate to celebrate this anniversary. For the right to development has had great resonance among people all over the world, including in developing and poor countries. Even the term itself “the right to development” carries a great sense and weight of meaning and of hope. (more…)
Innovation and the Global Expansion of Intellectual Property Rights: Unfulfilled Promises
The incorporation of intellectual property into trade agreements has not proven to bring about the promised benefits. The premises that have underpinned the global strengthening and expansion of intellectual property through such agreements – namely that the same standards of protection are suitable for countries with different levels of development and that innovation will be boosted – do not match the reality. (more…)
The Trans Pacific Partnership Agreement has become a political football in the US Presidential elections and with the public mood so against trade agreements, the TPPA faces the real possibility of being discarded. No country was more active in pushing for the Trans Pacific Partnership (TPP). In the five years of negotiations, the United States cajoled, persuaded and pressurised its trade partners to take on board its issues and positions. (more…)
The Right to Development at 30: Looking Back and Forwards
The Right to Development has had great resonance with people worldwide since it was adopted by the UN General Assembly 30 years ago. It establishes the right of people to take part in the development process and to equitably enjoy the benefits of development. Today this right is even more relevant, as the world faces manifold crises. (more…)
The EPA issue has once again re-emerged when Tanzania informed EAC Members and the EU that it would not be able to sign the Economic Partnership Agreement (EPA) between EU and the six EAC Member States in early July. The European Commission reportedly proposed signature of the EAC EPA in Nairobi, on the sidelines of the 14th session of the UN Conference on Trade and Development (UNCTAD XIV). (more…)
