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.
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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 Intellectual 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. During … 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.
In the upcoming months, the reservoir of the Ralco dam, one of a series of dams along the Upper BíoBío River in Southern Chile, will destroy the pristine mountain ecosystem and will permanently and irreversibly disrupt the semi-nomadic lifestyle and cosmovision of the Mapuche/Pehuenche people. At the same time, the communities affected by the dam … Read More.
While developing countries have augmented their participation and influence in international discussions on intellectual property, with important attainments as a result, developments at the bilateral and regional levels, threaten to make those efforts, and those accomplishments, increasingly irrelevant. The trend of countries such as the United States turning to bilateral and regional agreements to build … Read More.
Amicus curiae briefs are fundamental in developing balanced and high-quality decisions in the World Trade Organization (WTO) dispute settlement system. A Panel is entrusted with conducting an “objective assessment” of the case before it, but as the multilateral trade framework continues to expand and increase its areas of influence, carrying out such an assessment becomes … Read More.
Anthropogenic emissions of carbon dioxide (CO2) and other greenhouse gases are changing the earth’s climate in ways that could lead to catastrophe. The United States is the largest emitter of these gases, producing almost one-fourth of worldwide emissions of CO2, the dominant greenhouse gas. Power plants alone account for one-third of total U.S. emissions of … Read More.
The United Nations Framework Convention on Climate Change (UNFCCC) represents the first step of international action to combat climate change. The commitments under the Convention, however, have proved to be far too inadequate to reach the objectives of stabilizing greenhouse gas concentrations. Accordingly, in 1995, immediately after the UNFCCC entered into force, parties to the … Read More.
In 2003, the United States launched one of the most awaited cases in WTO history. European Communities – Measures Affecting the Approval and Marketing of Biotech Products (EC – Biotech) was anticipated, with eagerness or trepidation, by national governments all over the world, environmentalists, consumers, farmers, biotech companies, and many others. While the potential significance … Read More.
When the General Assembly, the supreme organ of the World Intellectual Property Organization (WIPO), meets in September, it will be asked to provide direction on issues crucial to developing countries and civil society organizations. Topics such as the inter-relationship of the different fora addressing the issues of genetic resources and traditional knowledge, the protection of … Read More.
In a series of actions beginning in 1997, the State of California banned the use of the gasoline additive MTBE, citing concerns that the additive had contaminated the state’s freshwater resources and jeopardized human health. Pursuant to NAFTA’s Chapter 11, the Methanex Corporation, a Canadian Corporation that manufactures a component of MTBE, has brought a … Read More.
Many small island developing state s (SIDS) ackпowledge the significant challenges posed bу iпvasive alieп species (IAS) but lack the capacity to address these threats. Small island states face а myriad of other pressing coпcerns, such as economic development, public health, sea level rise апd extreme weather eveпts to which IAS presents ап additional demaпd … Read More.
At the time of its creation, the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC) was believed to be an important step toward developing internationally acceptable and equitable solutions for the protection of genetic resources, traditional knowledge, and folklore. Developing countries, however, in which the majority of these resources originate, have since often … Read More.
Export credit agencies (ECAs) are major players in international trade and investment, providing state-backing for large-scale business transactions that span the globe. ECAs, however, suffer from serious deficiencies, such as a lack of transparency and monitoring procedures, problems involving corruption and accountability, and most importantly, the detrimental character of many ECA-supported projects to the environment … Read More.
During the last decade, significant changes in policy have been made in respect to how water is managed and how it is supplied to consumers. These changes have resulted in institutional and legislative reforms, and a range of policy initiatives and instruments. However, developing international trade law that is compatible with the ability of countries … Read More.
This traditional “public domain” of the water sector has been challenged on the basis of a resurgence of neo-liberal market ideologies. Today many politicians and commentators are convinced that the supply of water through private companies can bring about much needed solutions for the pressing needs in the water sector. During recent years, policies encouraging … Read More.
Intellectual property is heralded bу some as the “foundation of human existence”, protecting invention and innovation while improving standards of life through choices for consumers and new outlets for human activity. Others see intellectual property rights (“IPRs”) as merely а government sanctioned monopoly and subsidy that puts territorial borders around technologies and other inventions so … Read More.
Most treaties include a minimum standard of treatment (MST) that requires that the host state treat foreign investors in accordance with an undefinable standard such as “fair and equitable” treatment. Traditionally, this type of treatment only applied to extreme cases of mistreatment. Tribunals under the North American Free Trade Agreement’s (NAFTA) investment chapter have interpreted … Read More.
The importance of water to all forms of life is indisputable, yet half a billion people suffer from severe shortages and nearly one billion people do not have access to safe drinking water. The availability of water is also a limiting factor for many industries, in particular agriculture. Balancing ecological and human requirements for water … Read More.
In the current World Trade Organization (WTO) negotiations to liberalize trade in services, the European Community (EC) proposes a “proportionality test” for measure relating to technical regulation, licensing, and qualification requirements. In the same negotiations, Japan has recently proposed a Draft Annex on Domestic Regulation, which contains several differently formulated “necessity tests”, but nevertheless stops … Read More.
This brief discusses some of the key legal and policy issues surrounding access to water and the supply of water services. It describes how pressure from international financial institutions (IFIs), combined with obligations under international agreements such as bilateral investment treaties (BITs) and the General Agreement on Trade in Services (GATS), can drive national governments … Read More.
This is an assessment of a complaint brought before the office of the Compliance Advisor/Ombudsman (CAO) of the World Bank’s International Finance corporation (IFC) regarding the Pangue hydroelectric dam project,completed in September 1996 on the Bio Bio River in Chile. The assessment report addresses the issues raised in the complaint and conclude with suggestions to … Read More.
This background note provides an overview of recent trends in the international legal framework on foreign investment. The body of international investment law has grown rapidly, promoting investment liberalization and providing extensive rights and privileges to investors. The current framework does not adequately address environmental and social aspects linked to foreign investment. It does not … 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. The GATS – which is both a trade and an investment agreement – may have potentially far reaching implications, amongst others for domestic policy choices relating to social … Read More.
This brief discusses some of the key legal and policy issues surrounding access to water and the supply of water services. It looks at these issues in the context of the prevailing trend of economic liberalization and examines how external pressures, in particular from international financial institutions, can reinforce this trend and result in increasing … Read More.
trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements, WTO, World Trade Organization, General Agreement on Trade in Services, GATS
The report by the Inter-American Commission on Human Rights, alongside the findings of other international organizations, recognizing the link between global warming and human rights could have a powerful impact on worldwide efforts to address global warming. It may establish a legal basis for holding responsible countries that have profited from inadequate greenhouse gas regulation, … Read More.
environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights, protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, … Read More.
Certification schemes for natural resource extraction have received considerable attention during the last decade. Aware of such schemes’ potential restrictions to market access and their influence on the development of non-governmental standards, the trade regime has a particular interest in illuminating the angles of these initiatives, particularly as the applicability of the WTO’s Agreement on … Read More.
The relation between the objectives of the Convention on Biological Diversity (CBD) and the TRIPS Agreement has been subject to continuous debate in the World Trade Organization (WTO), especially in the TRIPS Council and in the Committee on Trade and Environment (CTE). The core of these discussions has been focused on the lack of recognition … Read More.
This paper is aimed at examining some aspects of the debate on whether and how traditional knowledge could formally be considered as prior art during the examination of patent applications. It discusses the role of databases in making traditional knowledge accessible for purposes of prior art searches and makes recommendations on how best to ensure … Read More.
Our ability to develop sustainably depends on biodiversity: the variety and variability of genes, species, populations, and ecosystems to support our planet’s essential goods and services. Biodiversity provides resources, such as food, fiber, and fuel, ecosystem services, such as renewal of soil fertility and purification of water, and spiritual and aesthetic benefits on which human … Read More.
The relationship between genetic resources, traditional knowledge, and intellectual property rights is among the most controversial agenda items in the negotiations of several international organizations. A key issues is illegal access and use of genetic resources and traditional knowledge, i.e., biopiracy. In many cases of illegal access, intellectual property rights are used to circumvent obligations … Read More.
Like no other issue, global warming threatens the well being of both developed and and developing countries. While global warming is conspicuous by its near-exclusion in the preparations for the World Summit on Sustainable Development (WSSD), energy–and issue intimately liked to global warming–is prominent on the WSSD agenda, and it needs to be addressed with … Read More.
Export credit and investment insurance agencies (ECAs) play a critical role in international trade and finance in developing countries, and thus have a great impact on sustainable development. They hold the largest fraction of developing country debt, yet they are largely managed behind closed doors, and most documents and data regarding ECA-funded projects are not … Read More.
Property rights are an important factor in natural resource management. Indeed, sustainable development is unlikely to ever be obtained in many locals if the property rights of indigenous and other local communities remain unrecognized by national and international laws. Terms and concepts concerning property rights, however, have deeply imbedded and different meanings for different people. … Read More.
Services are key for sustainable development. Services include such activities as healthcare, transport, or the provision of water or energy. It is crucial that ongoing negotiations under the World Trade Organization (WTO) to liberalize trade in services not undermine the pursuit of sustainable development. Instead, new WTO obligations on services trade should support and compliment … Read More.
Achieving sustainable development requires a more complementary and coherent framework of global economic and environmental governance. Despite this need, little progress has been made in clarifying the relationship between the main elements of this architecture–Multilateral Environmental Agreements (MEAs) and the World Trade Organization (WTO). In clarifying this relationship, the international community will need to address … Read More.
Despite promises of increased direct development assistance, private investment flows are potentially the most significant source of development capital flowing into developing countries: as measured by UNCTAD, foreign direct investment (FDI)expanded in 2000 to a global total of US$1.3 trillion, with developing countries receiving 19% of the total. This paper argues for developing an alternative … Read More.
The objective of this informal note is to give non-governmental organizations (NGOs) an overview of the results of the Doha Ministerial of the World Trade Organization (WTO) and of negotiations and reviews currently underway in the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS Council) of the WTO. The note will also present some … Read More.
This brief provides some observations on the results of the fourth WTO Ministerial meeting at Doha, as they relate to issues of intellectual property and the TRIPS Agreement, in light of developing countries’ concerns. Four texts will be analyzed in an integrated manner, including the Ministerial Declaration, the Decision on TRIPS and Public Health, theDecision … Read More.
By authorising investment, technology transfer, project development and emissions trading between developed and developing countries, the Kyoto Protocol’s Clean Development Mechanism (CDM) will present new opportunities for international trade. Projects hosted in developing countries will result in ‘Certified Emissions Reductions’ (CERs), which may be used to assist developed countries to meet their emissions reduction targets. … Read More.
Various efforts aimed at addressing environmental degradation now accord significanceto socio-economic concerns. This transformation in thinking is reflected in documents arising out of the United Nations Conference on Environment and Development (UNCED), the North American Agreement on Environmental Co-operation, the United Nations Convention to Combat Desertification, and a host of guidelines, action plans, and legal … Read More.