International Law

SouthViews No. 212, 28 January 2021

The Right to Development and its Role in International Economic Law

By Olasupo Owoeye

This paper provides a brief discussion on the right to development and examines some of the criticisms often raised against its significance as a cognizable human right. The paper argues that the principles encapsulated in the right to development represent the foundational principles of the international legal order. The right to development is therefore both a human right and an economic right. Thus, the principles it embodies are not only incorporated into the International Bill of Human Rights, they are also well reflected in World Trade Organization agreements and the field of international economic law. The paper argues that the right to development can play an important role in the interpretation and enforcement of rights under international economic law.

(more…)

Research Paper 125, December 2020

Designing Pro-Health Competition Policies in Developing Countries  

By Vitor Henrique Pinto Ido

Competition law and policy has become an important tool for countries to promote access to pharmaceuticals. How can countries design and enforce competition policies that are suitable to the particularities of developing countries? What are the main anti-competitive tactics in the pharmaceutical sector, and how should they be dealt with? This paper deals with these issues, taking into account the socio-economic relevance of access to health products. It finds that developing countries should apply their competition laws in the pharmaceutical sector more actively, and that there is ample policy space under international law to do so. It provides an overview of the way in which competition policies have been applied in some industrialized and developing countries and explores how such policies can be designed and implemented in the context of developing countries.

(more…)

Research Paper 123, November 2020

The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas: One Step Forward in the Promotion of Human Rights for the Most Vulnerable  

By Maria Natalia Pacheco Rodriguez and Luis Fernando Rosales Lozada

Peasants and other people living rural areas are among the most vulnerable in the world. In 2015, an estimated of 736 million people in the world lived in extreme poverty, of which 589 million – 80 per cent – live in rural areas. Despite increasing urbanization in the last decades, almost 45 per cent of the global population still lives in areas defined as rural, and most of them are among the poorest of the world. The situation is most likely worsening because of the COVID-19 pandemic. In 2018, the United Nations (UN) General Assembly, adopted the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas by the supporting vote of a vast majority of countries. There are many reasons to consider the Declaration as one of the most relevant actions in the realm of human rights law taken by the United Nations in recent years. Some of them are the recognition of peasants as specific subjects of rights; the reaffirmation of existing standards tailored for the reality of people living in rural areas; and the development of international law to address existing gaps in the protection of their rights in complex subject matters such as the right to land, the right to seeds, and the right to means of production. In underscoring the importance of the Declaration for the world, this research paper narrates the process of construction of the Declaration, its contributions to international human rights law and stresses on its potential for poverty reduction and food security, in line with the sustainable development goals (SDGs) and the strategies of the UN Decade on Family Farming.

(more…)

Statements, November 2020

South Centre Statement to the 2nd Session of the Expert Mechanism on the Right to Development

The 2030 Agenda for Sustainable Development recognizes the commitment of the international community to make the right to development (RtD) a reality for everyone, leaving no one behind, and building peaceful and inclusive societies on the basis of the respect of human rights.

The right to development becomes prominent during and in the aftermath of facing the COVID-19 pandemic. The creation of favorable conditions for international, economic, scientific and technological cooperation, including technology transfer and know-how, is part and parcel of the right to development through the promotion of the well-being of all peoples, the improvement of the economic conditions of the developing countries and bridging of the economic gap.

(more…)

SC Publication, July 2020

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.

(more…)

Research Paper 115, July 2020

Special Section 301:US Interference with the Design and Implementation of National Patent Laws

By Dr. Carlos M. Correa

The continuous application of Special Section 301 by the Office of the United States Trade Representative (USTR) undermines the rule of law as a fundamental principle of a multilateral system based on the sovereign equality of states and the respect for international law. Interference with foreign countries’ national intellectual property (IP) policies—which have significant socio-economic effects—negates their right to determine independently the level and modalities of protection of such property within the framework and policy space allowed by the international law. This paper examines the patent-related claims made by the USTR in relation to the developing countries on the USTR Priority Watch List. It argues that the regulations and practices identified by the USTR show a legitimate use of the flexibilities provided for by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and that the ignorance of the public interests of the countries concerned (for instance, with regard to access to affordable medicines) has contributed to the discredit (and ineffectiveness) of the Special Section 301.

(more…)

SC Contribution to UNSG Report on US Embargo Against Cuba 2020

Contribution of the South Centre to the Report of the Secretary-General on the Implementation of UN General Assembly Resolution A/RES/74/7 dated 12 November 2019 on the “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba”

The imposition of unilateral economic, financial and trade measures against Cuba, in violation of basic principles of the United Nations (UN) Charter, has severe socio-economic impacts on the Cuban population. The UN General Assembly adopted by an overwhelming majority the resolution “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (document A/74/L.6). In response to the request in paragraph 4 of this resolution, the South Centre prepared a contribution to the report of the Secretary-General. This highlights, in particular, the obstacles that the US embargo poses for the attainment of the right to health in Cuba.

(more…)

Policy Brief 66, August 2019

Impacts of Unilateral Coercive Measures in Developing Countries: the need to end the US embargo on Cuba

By Vicente Paolo Yu and Adriano José Timossi

On 1 November 2018, the 193 Member States of the United Nations (UN) held the twenty-seventh consecutive annual vote of the General Assembly on a resolution entitled “Necessity of ending the economic, commercial and financial embargo imposed against Cuba.” The resolution was adopted with a near unanimous vote of 189 in favor, 2 abstentions (Ukraine and Moldova) and 2 against (United States of America and Israel). Before the vote and for the first time since the resolution was submitted in 1992, the US presented a set of eight proposed amendments to be considered by the 193 Member States, which were all rejected.

The present policy brief is a summary of the input prepared by the South Centre as a contribution to the 2019 report of the Secretary-General with respect to the imposition of unilateral economic, finance and trade measures by one State against another that is prepared pursuant to UN General Assembly Resolution 73/8.

(more…)

0

Your Cart