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…)
Uruguay’s victory over Philip Morris: a win for tobacco control and public health
By Germán Velásquez
In a landmark decision that has been hailed as a victory of public health measures against narrow commercial interests, an international tribunal has dismissed a claim by tobacco giant company Philip Morris that the Uruguay government violated its rights by instituting tobacco control measures. The ruling had been much anticipated as it was the first international case brought against a government for taking measures to curb the marketing of tobacco products. (more…)
UNCTAD’s Roles Reaffirmed, after Significant Wrangling
By Martin Khor
The United Nations’ leading development organisation UNCTAD recently obtained a renewed mandate for its work, but not without difficulty. This is because the developed countries are now much more reluctant to give concessions to the developing countries, thus showing up the present shaky state of North-South relations and of development cooperation. The 14th session of the United Nations Conference on Trade and Development (dubbed UNCTAD 14) concluded in Nairobi on 22 July with an agreed declaration on global economic issues. (more…)
The world is facing multiple crises in public health, from how to cope with new and old epidemics and the explosive cost of new medicines, to the threats from antimicrobial resistance. These issues were discussed at the WHO’s World Health Assembly held in Geneva. This issue of South Bulletin focuses on the WHA and health issues. (more…)
The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.
The boundaries between scientific and technological knowledge are nebulous in some technical fields, such as the biological sciences and their applications. This has led to the appropriation under patents of knowledge (such as on specific genes) of scientific nature, which may not only have negative effects for the further development of science and new technological contributions, but also encroach on the fundamental right of access to science. (more…)
Approaches to International Investment Protection: Divergent Approaches between the TPPA and Developing Countries’ Model Investment Treaties
While the international investment treaty regime is at a conjuncture, States face the challenge of designing reforms that would result in systemic solutions, and not merely cosmetic changes, to the challenges emerging out of the existing regime and the ISDS mechanism it embodies. (more…)
