Legal analysis on World trade rules and relationship with national implementation of climate change measures. Demonstrates the World Trade Organization rules and agreements can be interpreted to allow flexibility for stonger national climate change measures – particularly if rules are adopted pursuant to a global climate treaty. This legal analysis responds to concerns that have … Read More.
The Second Session of the World Intellectual Property Organization’s (WIPO) Patent Cooperation Treaty (PCT) Working Group (WG), held on 4-8 May 2009 in Geneva, witnessed a clear division between developed and developing countries regarding the WIPO’s roadmap for reforming the PCT system . The proposalsand the draft roadmap put forward at this PCT session outl … Read More.
Transfer of technology is one of the pillars of any international response to global climate change. The UN Framework Convention on Climate Change (UNFCCC or the Convention), was built on a basic political bargain. On one side, under the first commitment period embodied by the Kyoto Protocol, industrialized countries would take primary responsibility for emissions … Read More.
Few technologies have triggered as many comments, hopes, fears and radical statements as nanotechnology. The rapid development of nanotechnology and its growing importance for all aspects of society have been called a “nano-revolution” and heralded as being on a par with the industrial revolution. Nanotechnology promises to be a transformational technology, such as electricity and … Read More.
In January 2009, the 124th session of the World Health Organization (WHO) Executive Board (EB) discussed the WHO Secretariat’s report on counterfeit medical products (EB124/ 14). The report invited the EB to consider recommending a proposed resolution on counterfeit medical products to the 62nd World Health Assembly (WHA) to be held in Geneva from 18-27 … Read More.
The investment provisions in the Korea-U.S. Free Trade Agreement (Korea FTA) constitute a major and potentially devastating change in U.S. investment policy. For example, new language radically changes the test for what constitutes an expropriation, making it considerably more likely that good faith environmental, health and safety regulations will be found to be expropriations requiring … Read More.
This report describe practical measures that may be taken within the international climate change and human rights legal regimes for addressing the human rights implications of climate change, that is, for integrating human rights and climate change law and policy. These measures can facilitate, encourage, and supplement the national actions that are necessary to protect … Read More.
The United Nations Commission on International Trade Law (UNCITRAL) is currently revising its Arbitration Rules for the first time since 1976 in its Working Group II on Arbitration (WG II). UNCITRAL rules are primarily used for arbitrating commercial disputes between private parties, but they are also used for investment arbitration, including in disputes initiated by … Read More.
The boundary for the 1,952 mile U.S.-Mexico border was originally delineated in a series of joint surveys carried out following the signing of the Treaty of Guadalupe- Hidalgo. The boundary was lengthened after the Gadsden purchase of Arizona and parts of New Mexico in 1853, and delineated further as late as the 1970.1 A series … Read More.
Any international response to climate change must address the international transfer of environmentally sound technologies. Mitigating and adapting to climate change will require a major shift in economy-wide production and consumption patterns and the development and diffusion of technologies is a fundamental and necessary element of that transformation. The United Nations Framework Convention on Climate … Read More.
The trade-environment debate has recently gained center-stage with the overwhelming evidence and the increasing political acknowledgement of the changing climate – possibly one of the most important challenges ever faced by humans. But the debate on the relationship between environment and trade is not new. The debate is long-standing, involving cultural and philosophical differences in … Read More.
We are here today to talk about investment arbitration in the context of corruption. I would like to first briefly talk about what we mean here by investment arbitration. Then I will explain that investment arbitration is too secretive, and that there is a need to reform procedural rules to make investment arbitration more transparent … Read More.
Presentation materials by Daryl Ditz, PhD, for the ChemSec Substitution Conference, September 17, 2008. Read full text.
In the context of the proposed Anti-Counterfeiting Trade Agreement (ACTA), discussions appear to dangerously conflate two distinct issues: medicines suspected of infringing patents and counterfeit medicines. Counterfeit medicines are also mistakenly confused with the term ” counterfeit good”, used vaguely to describe a good that may infringe one or more types of intellectual property rights, … Read More.
This paper will look at two types of standards: product standards that describe a good’s characteristics, such as energy efficiency; and standards that describe how a good was made, based on processes and production methods (PPMs), such as carbon-intensity for manufacturing. For both types, the paper asks how they might be better used to aid … Read More.
Over the last several years, the International Finance Corporation’s (IFC) Performance Standards and the Equator Principles (PS/EPs) have become the most widely-accepted framework among international project financiers for managing environmental and social risks of projects in the developing world. This submission to the United Nations Special Representative of the Secretary General on the issue of … Read More.
This pamphlet focuses on a currently much debated topic between rich countries and developing countries – the relationship between trade and climate change. The transport sector alone is responsible for a third of total greenhouse gas emissions. The EU’s trade policy must therefore pay special attention to this problem and we must launch a dialogue … Read More.
An international agreement to address counterfeiting is being drafted amongst the US, the EU, Canada, Japan, Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland. The Anti-Counterfeiting Trade Agreement (ACTA) is being negotiated behind closed doors, and in some cases industry groups have been given special access to the details of the negotiations while public interest … Read More.
Standards and labelling schemes serve to correct market information failures and principal agent problems, which hinder the ability of consumers to identify or access energy-using products with optimized energy costs and environmental performance characteristics. Efficiency standards and labels are reported to be the single largest cause of national notifications to the World Trade Organization under … Read More.
The main justification for Peru and the Andean countries to develop a trade agreement with the United States was to guarantee preferential and permanent access for their export products to its markets. This would be achieved by making the preferences in the Andean Trade Promotion and Drug Eradication Act (ATPDEA) binding and permanent. Such preferences … Read More.
In two recent prominent disputes in the World Trade Organization (WTO), developing country complainants are using the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to induce compliance with favorable WTO rulings. Brazil in the US – Cotton dispute and Antigua in the US – Gambling case announced their intention to “cross-retaliate” … Read More.
In 2005, the Executive Directors of the World Bank (Bank) authorized the use of country systems (CS), to be governed by OP 4.00, “Piloting the Use of Borrower Systems to Address Environmental and Social Safeguard Issues in Bank-Supported Projects.” Under this approach, the Bank relies on the borrower country’s “system,” i.e. its laws and institutions, … Read More.
At the fifth session of the Intergovernmental Forum on Chemical Safety (IFCS) held in Budapest 25-29 September 2006, Forum V adopted a statement on mercury, lead, and cadmium urging IFCS participants and the International Conference on Chemicals Management (ICCM) to “consider actions at the local, national, regional and global levels for mercury, lead and cadmium, … Read More.
The World Customs Organization {WCO) is an international organization representing 171 customs administrations. Since its establishment, the WCO has developed international instruments on harmonized systems of description and customs classification of goods, customs procedures, temporary importation of goods, and transit trade. The relationship between the World Trade Organization {WTO) and WCO seems evident, especially considering … Read More.
From 2 1-25 January 2008, the Working Group on Access and Benefit Sharing (ABS) of the Convention on Biological Biodiversity (CBD) is meeting in Geneva, for the first time in its history.1 In the seven years that it has been in operation the ABS Working Group has discussed how to enable and operationalize the primary … Read More.
The United Nations Commission on International Trade Law (UNCITRAL) agreed to give priority to the revision of its arbitration rules in July 2006.1 The UNCITRAL Arbitration Rules have been in force since their adoption by UNCITRAL and the United Nations General Assembly in 1976. Over the last 30 years, the UNCITRAL Rules have inspired domestic … Read More.
CIEL and IISD seek a very limited number of additions to the UNCITRAL Arbitration Rules in order to take account of the important public interest aspects of investor-State arbitrations, while at the same time leaving untouched the Rules’ application to other types of arbitrations and avoiding undue delay, disruption or cost. The principles underlying our … Read More.
The treatment of subsidies related to access arrangements has emerged as a sensitive topic within the current WTO fisheries subsidies negotiations. While a consensus has emerged on the need to discipline fisheries subsidies that contribute to over-capacity and over-harvesting, in light of their negative impacts on international trade, the marine environment, and sustainable development more … Read More.
Como resultado de la evolución paralela del derecho internacional ambiental y del derecho internacional de los derechos humanos durante décadas, estos dos regímenes han elaborado enfoques y lenguajes diferentes. Por ejemplo, el derecho internacional de los derechos humanos adopta un enfoque antropocéntrico, donde la realidad se aproxima principalmente desde el valor de lo humano. El … Read More.
This arbitration raises a number of issues of vital concern to the local community in Tanzania, and a wide range of potential issues of concern to developing countries (and indeed all countries) that have privatized, or are contemplating a possible privatization of, water or other infrastructure services. The arbitration also raises issues from a broader … Read More.
The Citizen’s Guide to the Accountability Mechanism of the Overseas Private Investment Corporation (OPIC) is designed to help give local communities affected by OPIC‐supported projects a voice in the development process. The OPIC Board of Directors created the Accountability Mechanism in 2004 as part of a broader Accountability and Advisory Mechanism (AAM). The Accountability Mechanism … Read More.
If you have picked up this guide, it is likely that you or your organization are working, or are thinking of working, on intellectual property issues and are trying to understand the role that you can play in such discussions at the World Intellectual Property Organization (WIPO). The objective of the Citizen’s Guide to WIPO … Read More.
The disposal of tyre waste is a worldwide health and environmental problem, and both the European Communities and Brazil are trying to minimize the impact of tyre waste on their environment and the health of their people. Retreading tyres in order to extend their usable life is one way of contributing to diminishing the tyre … Read More.
At the 1992 Earth Summit in Rio de Janeiro, toxic chemicals were recognized as a serious threat to sustainable development. Governments and civil society responded with an array of international treaties, regional agreements, and diverse national efforts to reduce the impacts on human health and the global environment from dangerous substances. For many years the … Read More.
The Fourth Ministerial Conference of the World Trade Organization (WTO) in 2001 issued the Doha Declaration on the TRIPS Agreement and Public Health (the Doha Declaration). The Declaration is significant for establishing legal certainty on the freedom of countries to determine the grounds for granting a compulsory license, what may constitute a national emergency or … Read More.
Traditional knowledge (TK) has, for centuries, played an important role in the lives of indigenous peoples worldwide. Such knowledge constit utes a vital part of their cultural heritage, contributes to the sustainable use and preservation of biodiversity, and is fundamental to their sustainable development.111 However, there has been a growing recognition of the problems associated … Read More.
Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) as a permanent observer at WIPO, and as one of the organizations that has been instrumental in its creation in 2000. This meeting was the last of the ones under the 2005 WIPO General Assembly Mandate to “accelerate its work”, “to focus particularly on the international … Read More.
The Doha Declaration on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Public Health (the Doha Declaration) was negotiated and agreed upon by all Member countries of the World Trade Organization (WTO) because developing countries spoke out about concerns that the TRIPS Agreement does not allow adequate access to medicines needed to address … Read More.
Traditional knowledge (TK) has for centuries played an important role in the lives of indigenous peoples worldwide.1 Such knowledge constitutes a vital part of their cultural heritage, contributes to the sustainable use and preservation of biodiversity, and is fundamental to their sustainable development. However, there has been a growing recognition of the problems associated with … Read More.
Although publicly-funded International Financial Institutions (IFIs) have missions to reduce poverty and promote economic growth, IFI projects often ignore gender inequality and increase poverty, prostitution, and HIV/AIDS, particularly among women and girls. Most IFIs have taken inadequate steps to try to address these concerns, although nearly all have committed to promoting gender equality. Half of … Read More.
The Global Environmnetal Facility (GEF) Instrument requires the GEF to “function under the guidance of, and be accountable to, the Conferences of the Parties (COPs)” of the conventions it serves, and to “act in conformity with the policies, program priorities and eligibility criteria decided by the Conference of the Parties for the purposes of the … Read More.
On 29 September 2006, the WTO dispute settlement panel in European Communities – Measures affecting the Approval and Marketing of Biotech Products (EC-Biotech) issued three consolidated panel reports outlining the Panel’s final decision in the dispute. While the long-awaited decision leaves many questions relating to trade in biotech products unanswered, it nevertheless addressed a number … Read More.
The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the European Union and developing countries has become an issue of increasing concern. Ending an informal moratorium, the EU began in late 2006 to increase its activity in negotiating bilateral trade agreements. The European Commission has explicitly included a TRIPS-Plus mandate in its … Read More.
During 2001 Argentina adopted emergency measures to address the most severe economic and social crisis of its history. Inter alia, Argentina devalued its currency and froze the tariff levels of certain essential services, including water and sanitation. Amici argue that human rights law provides a rationale for these measures, and that this rationale is relevant … Read More.
The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the United States (US) and several developing countiies has been the focus of much concem over the past few years. As of March 1, 2007, the US has signed ten bilateral agreements containing such provisions, largely with countries from Latin Ametica and the … Read More.
This paper will address the main threats of the intellectual property (IP) chapters in the bilateral and regional agreements with the United States of America (US) for access to medicines, give an overview of the reactions from different sectors to these agreements, and outline some strategic considerations for future action. The effects of Free Trade … Read More.
The present submission by Amici is being made pursuant to Procedural Order No.5 of this Tribunal, issued on 2 February, 2007. This submission has been prepared under the terms and conditions specified by the Tribunal in that order. A brief note on the practical impact of these terms and conditions on the preparati on of … Read More.
Open access models and initiatives seek to promote creativity and innovation while at the same time contributing to the dissemination of knowledge at as low cost as possible. There is no single definition of Open Access (OA), but rather particular elements that can be clearly associated with the concept and drive of the OA movement. … Read More.
TRANSCRIPCIONES DE TESTIMONIOS DE DIRIGENTES INDÍGENAS CACATAIBO DE COMUNIDADES ASENTADAS QUE DEMUESTRAN LA PRESENCIA DE CACATAIBO EN AISLAMIENTO VOLUNTARIO EN LAS PROPUESTAS RESERVAS TERRITORIALES CACATAIBO. Haga click para leerlo.
Esta presentación tiene por objeto solicitar medidas cautelares a la Comisión Interamericana de Derechos Humanos (CIDH o Comisión) para evitar daños irreparables a la vida, salud, e integridad personal de los indígenas Cacataibo en aislamiento. En particular, esta presentación solicita a la Comisión le solicite al Estado Peruano la suspensión inmediata de la exploración de … Read More.
Haga click para leerlo.
Por medio de esta nota, venimos a pedir a la Comisión Interamericana de Derechos Humanos solicite al Estado Peruano la suspensión inmediata de la exploración de hidrocarburos que amenaza la vida y la integridad personal de los Indígenas Cacataibo en aislamiento. Haga click para leerlo.
Comunicado publico de FENACOCA en defensa de Cacataibos en aislamiento voluntario amenazados por la exploracion de hidrocarburos. Haga click para leerlo.
In August 2007, the Peruvian government approved oil and gas exploration in the traditional territories of the indigenous Cacataibo communities, without their prior informed consent. The Cacataibo are indigenous peoples that live in the watershed of the Aguaytía, San Alejandro and Zungaruyacu rivers, located in the central Peruvian rainforest. There are approximately 7,000 Cacataibo people … Read More.
En agosto del 2007, el Estado Peruano aprobó la exploración petrolera en las tierras y territorios tradicionales de los indígenas Cacataibo, sin su consentimiento previo e informado. Los Cacataibo constituyen un pueblo indígena que habita en las cuencas de los ríos Aguaytía, San Alejandro y Zungaruyacu en la Selva Central del Perú. Alrededor de 7,000 … Read More.
In its Decision 24/3 IV, the UNEP Governing Council established an ad hoc open-ended working group (OEWG) to review and assess options for enhanced voluntary measures and new or existing international legal instruments that could be used to address the global challenges posed by mercury. This Analysis provides information to the OEWG to assist it … Read More.
The General Agreement on Trade in Services (GATS) and the current GATS negotiations in the World Trade Organization (WTO) require special attention from an environmental policy perspective. Only recently, environmental NGOs and some researchers started to voice concerns about the WTO’s Agreement on Trade in Services, which – in fact – contains features of both … Read More.
The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the United States (US) and several developing countries has been the focus of much concern over the past few years. So far, the US has signed ten bilateral agreements with such provisions, largely with countries from Latin America and the Middle East. However, … Read More.
The basic outlines of bipartisan agreement on Persistent Organic Pollutants (POPs) legislation were already apparent when the United States signed the Stockholm Convention back in 2001. Industry and environmental representatives agreed to focus on the narrow changes needed to implement these international chemicals agreements — and to defer addressing longstanding problems with the larger universe … Read More.
Over the past ten years, the World Health Organization (WHO) has actively engaged in the discussion on TRIPS and Public Health. The WHO’s work in analyzing the TRIPS Agreement has been helpful in the efforts to ensure that intellectual property and trade policy at the WTO take into account the aim of better health outcomes. … Read More.
Presented at the American Academy of Pediatrics, Atlanta, GA, on October 9, 2006. Read full text.
International dispute settlement in particular lacks transparency, opportunities for public participation, and accountability. International dispute settlement mechanisms vary in their provenance, mandate, operation, resources, independence and effectiveness, but they are an essential component of the international legal system — just as domestic dispute settlement mechanisms are essential to implementing and enforcing national law. They thus … Read More.
The relationship between intellectual property and the protection of public health has been a major issue of debate in several international forums, particularly at the World Trade Organization (WTO) and the World Health Organization (WHO). The debate centres on whether the intellectual property system is providing enough incentives into research and development (R&D) of medicines … Read More.
In 2001 Members of the World Trade Organization (WTO) committed, in the context of non-agricultural market access, to negotiate the reduction of “tariffs [and] non-tariff barriers, in particular on products of export interest to developing countries.” The reference to non-tariff barriers (NTBs), referred to in this note as non-tariff measures (NTMs), was included at the … Read More.
In approaching the issues involved in Brazil´s GATT Article XX defense, the Panel will find valuable aid in considering the life-cycle impacts of retreaded tires. Indeed, the environmental impacts of production, marketing, use, and– particularly- disposal of tires shed critical light on the public health impacts of trade in retreaded tires. A life-cycle approach to … Read More.
This paper from the ISEAL Alliance and the Center for International Environmental Law (CIEL) in Geneva summarizes the findings of two legal opinions regarding the ability of governments to reference existing voluntary international standards in relation to technical regulations relating to trade and, in particular, the implications in terms of possible ‘technical barriers to trade’. … Read More.
This paper from the ISEAL Alliance and the Center for International Environmental Law (CIEL) in Geneva summarizes the findings of two legal opinions regarding the ability of governments to reference existing voluntary international standards in relation to technical regulations relating to trade and, in particular, the implications in terms of possible ‘technical barriers to trade’. … Read More.
The recent proliferation of investment and Intellectual property (IP) agreements among developed and developing countries invokes fundamental questions on their impact for the implementation of national policies for economic development. Since the conclusion of the North-American Free Trade Agreement (NAFTA), the negotiation of the failed Multilateral Investment Agreement (MAl) and the emergence of a new … Read More.
Federal policy on chemicals in the United States is long overdue for fundamental reform, but it won’t be easy. Environmental initiatives stand little chance of passage in the Congress especially given the political climate and the looming November 2006 midterm elections. Nonetheless, many Americans are concluding that a new approach is needed to eliminate dangerous … Read More.
On November 29, 2005, the Council for Trade-related Aspects of I ntellectual Property Rights (Council for TRIPS) granted Least Developed Country Members (LDCs) an extension of their transition period to comply with the TRIPS Agreement. Article 66.1 of the TRIPS Agreement established that LDCs were not required to apply the provisions of the TRIPS Agreement … Read More.
Since the 1980s, there has been increasing pressure from donors and International Finance Institutions (IFis) – chiefly the IMF and World Bank – for governments to privatize and decentralize state-rum functions. In 2002, the World Bank introduced the Private Sector Development (PSD) Strategy, aiming to advance privatization in health care, education and water. The World … Read More.
On February 7, 2006, a Dispute Settlement Panel at the World Trade Organization (WTO) issued the interim report in the European Communities – Measures affecting the Approval and Marketing of Biotech Products (EC-Biotech) case. In its report, the Panel addressed the various categories of European Communities (EC) and EC Member State measures challenged by the … Read More.
The European Commission (EC) is currently challenging Brazil’s ban on the importation of retreaded tires at the World Trade Organization (WTO). The EC complains that Brazil’s ban is disguised protectionism that violates several GATT disciplines. A WTO Panel was established on 20 January 2006 to examine the case.1 Brazil justifies its import restrictions on the … Read More.
The U.S. Congress is considering legislation to implement an important international environmental treaty that the United States signed in 2001 but has not ratified. Before the Senate can give its “advice and consent” to the Stockholm Convention on Persistent Organic Pollutants (POPs), Congress must make modest changes to existing laws that govern pesticides and industrial … Read More.
At its first meeting, the Conference of the Parties to the Rotterdam Convention requested the Secretariat to conduct a study of possible options for lasting and sustainable financial mechanisms that would enable developing countries to implement the provisions of the Convention adequately. In considering the Secretariat’s report, at its second meeting the Conference of the … Read More.
The relationship between intellectual property (IP) and innovation in the pharmaceutical sector as well as access to essential medicines has been a central issue in the debate on IP and development within and outside of the World Trade Organization (WTO). In this context, there have been, in recent years, a number of high profile events … Read More.
The misappropriation of genetic resources and traditional knowledge – and the forgone benefits derived from their use –continues to elicit serious misgivings among the biodiversity community and indigenous peoples. High-profile cases – such as the neem tree, basmati rice and maca – fuelled calls for a more effective system to prevent such illegal access and … Read More.
In the context of the WTO and its predecessor the GATT, the trade and environment linkage was first made in the early 1970’s. With the increased attention paid to environmental protection in many parts of the world, as reflected in the 1972 Stockholm Conference on the Human Environment, the GATT responded with a focus not … Read More.
This paper provides background information about international chemicals management to participants in the UNEP 7th Global Civil Society Forum (GCSF), including participants in the regional forums leading up to the GCSF. International chemicals management is one of three major topics scheduled to be discussed in Dubai at the 2006 Special Session of the Governing Council/Global … Read More.
Intellectual property-related issues remain fundamental components of the Doha Round of negotiations, especially from the perspective of developing countries. The relationship between the Agreement on Trade-related Aspects of Intell ectual Property Rights (TRIPS Agreement) andthe Convention for Biological Diversity (CBD), in particular, has been identified as a critical element of any decision in Hong Kong. … Read More.
During the Second Preparatory Committee (PrepCom2) to develop a Strategic Approach to International Chemicals Management (SAICM), Switzerland agreed to undertake intersessional work in identifying principles and approaches of sustainable development and chemicals management that might be incorporated into the SAICM. It was hoped that a limited study would elucidate existing relevant principles and approaches, enhance … Read More.
In November 2001, Trade Ministers meeting at the 4th Ministerial Conference in Doha, Qatar, agreed to launch a new round of WTO trade negotiations. In addition to ongoing negotiations on agriculture and services, Ministers agreed to begin negotiations on a number of issues, including non-agricultural market access (market access for industrial goods). The Doha Declaration … Read More.
The vulnerability of children to harmful environmental conditions is of global concern for several reasons. First, many environmental hazards cross national borders. Toxic chemicals, for example, move in international trade, as does hazardous waste. Polluted water flows from one country into another, as does polluted air. Because these threats are international in scope, they cannot … Read More.
In October 2004, the WIPO Assemblies launched discussions on a WIPO Development Agenda, in a decision considered a watershed in the intellectual property and development debate. Although for several years civil society and developing countries had been raising serious questions regarding the sustainable development implications of the activities being undertaken by WIPO, it was the … Read More.
The Eighth Session of the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) will be held in Geneva on 6-10 June 2005. The Eighth Session will be the last meeting of the IGC under the mandate established by the WIPO General Assembly in 2003, which … Read More.
At its first session, the Conference of the Parties (COP) to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requested that the Secretariat prepare a study “into the possible options for lasting and sustainable financial mechanisms which will enable developing countries to implement adequately the … Read More.
This report outlines some key features of the international movement to protect human health and the environment and reflects on some parallel developments underway within the United States. By spotlighting state progress on POPs, this report documents Americans’ commitment to accept responsibility for POPs and to step up to the challenge. It also demonstrates how … Read More.
Paragraph 19 of the Doha Ministerial Declaration instructs the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS), in its review of Article 27.3 (b) and Article 71.1 of the TRIPS Agreement, to consider the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD). Work in the TRIPS Council has particularly focused … Read More.
In October 2004, the Assemblies of the World Intellectual Property Organization (WIPO) decided to respond positively to the invitation of the Convention on Biological Diversity (CBD) for WIPO “to examine, and where appropriate address, taking into account the need to ensure this work is supportive of and does not run counter to the objectives of … Read More.
Copyright, as other intellectual property rights, was designed to promote intellectual creativity by balancing private rights and the public interest. Limited private rights over intellectual creations were thus established to ultimately enrich and disseminate cultural heritage.1 The proper role of copyright, however, stands challenged by increasingly unbalanced rules at the international and national levels. International … Read More.
Eco-labeling, which provides information to consumers about the environmental andsocial impacts of the products and services they buy and use, can be an essential tool for protecting the environment and promoting sustainable development. Carefully designed “green procurement” policies can lead to environmentally and socially sound purchasing decisions by governmental agencies and other entities. When these … Read More.
Only two international human rights regimes are available to bring a complaint against the United States for causing dangerous climate change and violating the rights of the Inuit people: the U.N. Human Rights System and the Inter-American Human Rights System within the Organization of American States (OAS). The OAS system provides a preferable forum for … Read More.
Despite the relevance of issues in its agenda for developing countries, discussions in the Council for TRIPS have been increasingly limited and subdued. In 2004, the run-up to the adoption of the General Council Decision on the Doha Work Program on 1 August 2004 (July Framework) rightly occupied the attention of World Trade Organization (WTO) … Read More.
Nowhere does the Doha Ministerial Declaration declare a “Development Agenda”. The promise of a systemic correction to the multilateral trading system, to make it more relevant to the economies and people of developing countries however, permeates the Declaration. The World Trade Organisation (WTO) in the Declaration expressed its determination to play a full role in … Read More.
Si bien la mayor parte de la Organización Mundial de Comercio (OMC) pasará el invierno analizando el estado de los debates varios y los temas aún por discutir, el Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio (ADPIC) ya lleva tiempo analizando un tema que perfila cada vez más … Read More.
An action target is a commitment to reduce greenhouse gas emission levels by an agreed percentage which is applied to an observable baseline: actual emissions during the commitment period. An action target could be adopted at any institutional level: firm, industry, municipal, state or national. At the government level, an action target could, for instance, … Read More.
The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), adopted on 3 November 2001, entered into force on 29 June 2004. The treaty, negotiated under the auspices of the FAO, responds to concerns over the increasing privatization and monopolization of plant genetic resources for food and agriculture (PGRFA) and the potentially negative … Read More.
In October 2004, the Assemblies of the World Intellectual Property Organization (WIPO) decided to respond positively to the invitation of the Convention on Biological Diversity (CBD) for WIPO “to examine, and where appropriate address, taking into account the need to ensure that this work is supportive of and does not run counter to the objectives … Read More.
The purpose of this brief is to explain the relationship between the rules developed in the negotiations on persistent organic pollutants (POPs) and the rules of international trade by national governments in the late 1990s, to explain why appropriate trade measures can and should be included and why the supremacy clause should be eliminated from … Read More.
In 1998, over 90 governments came together in Montreal to begin negotiations of a global agreement to reduce the environmental and public health threats caused by the global presence of certain ‘persistent organic pollutants’ (POPs). By the year 2000, these negotiators hope to conclude an agreement that will eliminate such chemicals and wastes as dioxin, … Read More.