Key Substantive and Process Issues Arising from the WTO’s Nairobi Ministerial Conference (MC10)
Despite concerted attempts by major trading partners to bury the WTO’s Doha Development Agenda (DDA) in Nairobi, they were unsuccessful. Part I of this paper provides a legal reading of the Nairobi Ministerial Declaration (NMD) as it pertains to the DDA, and also discusses other legal questions regarding the conclusion of the DDA. (more…)
Assessing the WTO’s Nairobi Package (MC10)
This paper provides an overview of the Decisions that came out of the 10th WTO Ministerial Conference (MC) in Nairobi taking into account the interests and concerns of developing countries.
The Nairobi package includes Decisions on (more…)
Discussions in the Working Group on the Relationship between Trade and Investment (2001-2003)
This Note reviews Members’ submissions in the Working Group on the Relationship between Trade and Investment (WGTI) between 2001 – 2003.
The Singapore Ministerial Declaration established the WGTI to examine the relationship between trade and investment. Subsequently, the Doha Ministerial Declaration tasked the WGTI to focus on the clarification of seven elements of a possible future multilateral investment agreement, as well as some other issues: (more…)
WTO’s MC10: The Call for ‘New Issues’ at the WTO and Implications for Developing Countries
Narratives concerning enhancing the participation of developing countries in ‘Global Value Chains’ (GVCs) and supporting micro, small and medium enterprises have featured prominently in the WTO
and other international organizations. These have intensified in the run up towards the Ministerial Conference in Nairobi. These discourses on GVCs and MSMEs have often been linked to (more…)
WTO’s MC10: The Nairobi Ministerial Declaration
When launched in 2001, the Doha Development Agenda (DDA) had the objective of being a Development Round. However, substantive development concerns have often been sidelined in the course of the negotiations. Without the Doha mandate, developing countries have no guarantee that the important issues of disciplines on domestic supports, special safeguard in agriculture and cotton will feature in future negotiations on Agriculture. (more…)
WTO’s MC10: Agriculture Negotiations– Public Stockholding
Public stockholding programmes have over the past decades proven themselves to be very effective instruments for supporting domestic producers in agricultural production. Studies have shown that in
fact, countries that are still in the process of development, where markets are not well developed, need such public stockholding programmes to support their farmers.
Many developing countries do have these programmes. This non-exhaustive list (more…)
WTO’s MC10: Agriculture Negotiations – Special Safeguard in Agriculture for Developing Countries
The agricultural safeguard is important for developing countries. Most developed countries already have access to a special agricultural safeguard as a result of the Uruguay Round negotiations, and
some of them have actively utilised this Special Safeguard Provisions (SSG) through the past 20 years.
Developing countries require a similar instrument because of the many agricultural import surges taking place. (more…)
WTO’s MC10: Agriculture Negotiations – Export Competition
This note provides a brief on Export Competition and the four issues that it covers:
With respect to export subsidies, the EU, the Member with the largest export subsidy entitlements applies zero export subsidies under its Common Agricultural Policy 2014-2020. Commitments to bind export subsidies at zero are therefore a step in the right direction but the extent of its value is limited. The Green Box remains undisciplined (more…)
Guidelines on Patentability and Access to Medicines
The important relationship between the examination of patents carried out by national patent offices and the right of citizens to access to medicines hasn’t always been well-understood. Too often these are viewed as to unrelated functions or responsibilities of the State . And the reason is clear: Patentability requirements are not defined by patent offices, but frequently by the courts, tribunals, legislation or treaty negotiators. (more…)
South Centre Calls on the WTO TRIPS Council to Support Access to Medicines and Technological Advancement for the Least Developed Countries
The South Centre fully supports the Least Developed Countries’ (LDC) request for an extension of the transition period granted to LDCs under Article 66.1 of the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in respect of pharmaceutical products for as long as a WTO member remains an LDC, and the waiver from obligations under Articles 70.8 and 70.9 of the TRIPS Agreement. (more…)
India’s Experience with BITs: Highlights from Recent ISDS Cases
This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)
Guidelines on Patentability and Access to Medicines
Until recently, the link between the examination of patents carried out by national patent offices and the right of citizens to access to medicines was not at all clear. They were two functions or responsibilities of the State that apparently had nothing to do with each other. Examining the growing literature on intellectual property and access to medicines, it seems that the analysis of one actor has been left out: the patent offices. (more…)
