Access to Justice
Cross-Border Enforcement of Copyright: A Special Emphasis on Court Decisions and Arbitral Awards
By Hany Salem
In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with cross-border copyright enforcement, particularly the critical role of Private International Law (PIL) in the recognition and enforcement of foreign court decisions and arbitral awards. Although foundational treaties such as the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty establish essential principles of international copyright protection, they offer very limited guidance on resolving procedural and jurisdictional issues that arise in cross-border Copyright disputes.
The analysis contends that the territorial nature of copyright law, compounded by fragmented and insufficiently developed PIL frameworks, creates legal uncertainty and inefficiency for rightsholders to secure effective remedies. To address these shortcomings, the study underscores the need for a more coherent and harmonized international PIL approach. It further explores the potential of soft law instruments – particularly the 2020 Kyoto Guidelines – as a constructive step toward resolving PIL issues related to international copyright disputes. By narrowing the gap between domestic legal systems and international enforcement mechanisms, these developments could significantly enhance legal predictability and access to justice in the global digital environment.
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Knocking Down Business-related Human Rights Abuses with a Feather: Is the European Corporate Sustainability Due Diligence Directive Sufficient to Tackle Corporate Impunity?
By Daniel Uribe
In April 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CSDDD), aiming to ensure that European firms and their partners uphold human rights and environmental standards in their supply chains. This Directive applies to large EU and non-EU companies, with a phased implementation starting in 2027. The CSDDD mandates the integration of due diligence in corporate policies and the development of transition plans aligned with the Paris Agreement. Despite these advancements, the Directive’s scope and civil liability provisions are limited to effectively hold corporations accountable for human rights abuses. The ongoing negotiations on an International Legally Binding Instrument on Business and Human Rights offer an opportunity to adopt common standards on due diligence and jurisdiction to improve access to justice and remedies for victims of corporate-related abuses.
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STATEMENT TO THE NINTH SESSION OF THE OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES
23 October 2023
The 9th Session of the OEIGWG on TNCs & OBEs began today at UN Geneva, with all eyes on the negotiations of the binding treaty to regulate corporations and promote access to justice for victims of human rights abuses.
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Submission to the Special Session of the General Assembly on Challenges and Measures to Prevent and Combat Corruption and Strengthen International Cooperation
South Centre, 28 May 2021
The South Centre submission to UNGASS2021 highlights the need for strong inter-institutional and cross-sectorial coordination and more effective and open government tools. The UNGASS2021 should support the implementation of the FACTI Panel recommendations as means to enhance States’ effort to combat corruption.
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Designing an International Legally Binding Instrument on Business and Human Rights
By Daniel Uribe and Danish
The present document is substantially based on the background materials prepared by the South Centre (authored by Kinda Mohamadieh, Daniel Uribe, and Danish) for various sessions of the Open-Ended Intergovernmental Working Group on transnational corporations and other business enterprises with respect to human rights (OEIGWG), established by Resolution 26/9 of the Human Rights Council, held since 2015.
The objective of this document is to provide support material for State delegations and other stakeholders for the negotiation of a binding international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. The document considers a number of issues and technical details that have been addressed during the different sessions of the OEIGWG.
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