South Centre Statement – 10th Session of the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights
16 December 2024
South Centre is participating in the 10th Session of the OEIGWG for a Binding Treaty on Business and Human Rights, starting this week at the Palais des Nations in UN Geneva.
South Centre addressed the OEIGWG, emphasising on the need for a strong treaty to ensure access to remedies for victims of human rights violations; hold businesses accountable across jurisdictions; and ensure a just transition & digital transformation.
South Centre is committed to supporting the work of the OEIGWG.
Navigating the WTO’s Working Group on Trade and Transfer of Technology: A Critical Analysis from the Perspective of Developing Countries
By Nirmalya Syam
This paper critically analyzes the operations and effectiveness of the World Trade Organization’s (WTO) Working Group on Trade and Transfer of Technology (WGTTT). Despite the establishment of the WGTTT in 2001 with a mandate to enhance technology flows to developing countries, the Group has struggled to produce meaningful outcomes due to divergent priorities between developed and developing countries. This paper finds that the WGTTT remains an exploratory discussion forum rather than a negotiation platform with the capacity to generate new initiatives that address the technology transfer needs of developing countries. Key reforms are proposed, including transitioning to a negotiation-oriented approach, improving the balance of member priorities, and focusing on actionable themes to enhance the WGTTT effectiveness in fostering technology transfer to developing countries.
Investor Obligations in International Investment Law
by David Cheng, Jai Abhijit Unde, and James Casey Ryan
Prepared for the South Centre as part of the Geneva Graduate Institute’s LL.M. Legal Clinic Programme
This report first outlines key instruments and different approaches that some States across Africa, Asia, Europe and the Americas have taken to reform the international investment regime in relation to investor obligations. Second, it charts the trends arising from investment tribunals following Urbaser across environmental and human rights cases. Third, it describes and evaluates the reform efforts at the multilateral level. Finally, it summarises and evaluates avenues for policy reform by States.
General Statement at the 2nd Preparatory Committee for the 4th International Conference on Financing for Development
New York, 3-6 December 2024
At the 2nd Preparatory Committee for the 4th International Conference on Financing for Development, South Centre emphasised the important opportunity FfD4 presents for developing countries to address significant shortfalls in resource mobilization necessary to implement SDGs & to reform the international financial architecture to align with Southern priorities.
South Centre Statement to the 49th WIPO IGC Session
2 December 2024
We support the work by the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to contribute to a more inclusive and just international intellectual property system and sustainable development.
South Centre Inputs to FfD4 Elements Paper – Debt Sustainability, Business and Finance, Taxation
By Yuefen Li, Danish, Abdul Muheet Chowdhary
The upcoming 4th conference on financing for development (FfD4) represents an important opportunity for developing countries to achieve a deep reform of the international financial architecture so that it meets their sustainable development needs and enhances the scale of development finance to fully realize the 2030 Agenda for Sustainable Development. Based on the inputs provided by the South Centre to the FfD4 process, this policy brief highlights some of the key messages, problem statements and policy solutions in the areas of sovereign debt, private business and finance, and international tax cooperation that should be considered by the countries of the global South in their deliberations towards achieving ambitious outcomes at FfD4.
African researchers continue to face information-access barriers owing to copyright exclusivity preserved by the global copyright system that is designed and skewed towards protecting rights holders’ interests. A specific explicit human right to research is an important mechanism that can ensure an equitable balance between the private commercial interest of copyright owners and the public interest in promoting access to information for research in Africa. This article demonstrates how the right to research can be constructed from the normative content and scope of the rights to science and culture, education, property and freedom of expression provided for in international, regional and national human rights regimes in Africa.
Undue High Expectations of the G20 Common Framework: Urgent Need to Reform the International Debt Architecture
By Yuefen Li
This article stresses how international debt architecture reform requires innovative solutions beyond the G20 Common Framework, and should be addressed at the 4th International Conference on Financing for Development.
60 years of Contribution of the Group of 77 and China to Global South Coalition in International Development and Politics
By Yuefen Li and Danish
The New York Chapter of the Group of 77 and China (G77 and China) commemorated its 60th Anniversary on 25 October 2024 in New York. This document is based on the presentation made by Prof. Yuefen Li, Senior Advisor on South-South Cooperation and Development Finance at the South Centre, as part of the panel discussion held at the commemoration on the theme of “60 years of Contribution of the Group of 77 and China to Global South Coalition in International Development and Politics”.
South Centre Supports Civil Society and Research Institutions of the Global South to Raise Awareness on Antimicrobial Resistance
The South Centre is pleased to announce its funding support for numerous civil society and research institutions in the Global South to mark World Antimicrobial Resistance (AMR) Awareness Week (WAAW) 2024. This initiative has continued for six years, contributing to the global response on AMR by empowering grassroots movements and local institutions.
Determining the Upper Bound of the Scoping Criteria for Amount B in the OECD/G20 Two-Pillar Solution: A Policy Guide for Developing Jurisdictions
By Chetan Rao, Ruchika Sharma, and Dr. Vijit Patel
Amount B, a component of the OECD/G20 Two-Pillar Solution, has been designed to simplify transfer pricing for baseline distribution activities. With the aim of developing a practical policy guide for developing jurisdictions to fine tune the quantitative scoping criterion under Amount B, i.e., “annual operating expense to annual net revenue” ratio, this paper critically analyses various aspects of this criterion. The upper bound of this ratio is purported to help jurisdictions in identifying baseline distributors. It is currently set as a flexible range from 20% to 30%, with the choice available to each adopting jurisdiction deciding the exact point in the range for implementation of Amount B within its jurisdiction. Given the lack of any data-backed rationale in the Amount B report for development of this range, the authors suggest that the upper bound range might have been politically negotiated. For this very reason, developing countries need to tread carefully while setting the upper-bound and consider both its tax as well as policy implications. Through an empirical analysis of independent distributors in India, the paper highlights the link between the upper bound, functionality, and profitability, illustrating how these metrics impact developing countries with lower asset and expense intensities. The findings suggest that setting the upper bound at the higher end of the range could unintentionally bring above-baseline distributors into scope, thus foregoing long-term taxing rights for developing jurisdictions. Through this analysis, the paper offers practical insights and recommendations for jurisdictions, especially developing ones, for setting this upper bound to protect their taxing rights and minimize risks of misclassification of above-baseline distributors as baseline.
