Balancing the Global Copyright System in the Public Interest: An Analysis of the African Group’s Proposed Instrument on Limitations and Exceptions
South Centre and Centre on Knowledge Governance Working Paper, 1 December 2025
By Faith O. Majekolagbe
The establishment of an international instrument on copyright limitations and exceptions (L&Es) is essential to achieve an appropriate balance between exclusive rights and the overarching public interest in access to copyrighted works and related subject matter. Current international copyright instruments, including the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, fail to adequately address L&Es for education, research, equitable access for persons with disabilities, and the operations of educational, research, and cultural heritage institutions such as libraries, archives, and museums. The proposed instrument on L&Es by the African Group seeks to establish mandatory minimum L&Es to support education, research, and access to information within the international copyright system, thereby promoting global harmonization and ensuring that copyright law supports, not impedes, development objectives and compliance with human rights obligations. This working paper offers a thorough analysis of the proposed instrument, examining its substantive provisions and potential benefits.
Input to the Expert Mechanism on the Right to Development
Study on Artificial Intelligence, Cultural Rights, and the Right to Development
South Centre
November 2025
The South Centre submitted an input to the Expert Mechanism on the Right to Development regarding the study on “Artificial Intelligence, Cultural Rights, and the Right to Development.”
As Artificial Intelligence (AI) rapidly evolves, it presents a complex challenge for the international community. While AI holds the potential to advance human progress, unregulated deployment threatens to exacerbate existing global disparities and endanger the realisation of the Right to Development (RtD).
Key Policy Highlights from the Submission:
Addressing the AI Divide: Low and Middle-Income Countries (LMICs) face significant gaps in digital infrastructure and access to quality local datasets. To prevent the widening of global inequalities, governance frameworks must mandate technology transfer and capacity building without imposing restrictive intellectual property barriers.
Protecting Cultural Sovereignty: The mass accumulation of data by Generative AI models risks replicating historical patterns of “digital extractivism”. There is a need to increase transparency in training data protocols to prevent the misappropriation of traditional knowledge and cultural heritage.
Beyond Self-Regulation: Voluntary measures by the private sector lack essential mechanisms for external accountability and redress. A pragmatic regulatory approach is necessary: a legally binding global baseline for human rights accountability, complemented by flexible domestic regulations that preserve national policy space for local innovation.
To ensure AI serves humanity, the international community must move toward a governance model that guarantees global fairness, upholds human rights, and prevents market monopolisation by a few corporations.
The Role of Advisory Opinions in Shaping International Climate Change Law
By Daniel Uribe Terán
This policy brief analyses how advisory opinions (AOs) from the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACtHR) are fundamentally reshaping international climate law. These AOs are crystallising States’ climate commitments, transforming them from voluntary political pledges into binding legal obligations grounded in customary international law and human rights. This judicial shift establishes stringent, science-based due diligence standards, confirms State responsibility for harm, and provides a powerful legal foundation for accountability and reparation.
Leveraging the ICJ Opinion to Secure a Just Climate Future for the South during COP30
By Daniel Uribe Terán
The 30th Conference of the Parties (COP30) in Belém converges with the recent International Court of Justice (ICJ) Advisory Opinion on Climate Change, creating a critical inflexion point for global climate action. This policy brief analyses how the ICJ Opinion has the potential to reframe climate commitments, transforming them from political aspirations into legally binding obligations. The Opinion establishes objective standards for ‘due diligence’, integrates the CBDR-RC principle as a legal criterion for ambition, and inextricably links climate action with human rights. The ICJ Opinion confirms that a breach of these obligations triggers a duty of ‘full reparation.’ This policy brief recommends a strategy for developing countries to leverage this new legal framework at COP30.
Advancing Responsible Foreign Investment through a Legally Binding Instrument on Transnational Corporations and Other Business Enterprises
By Daniel Uribe Terán
Foreign Direct Investment (FDI) presents a complex dynamic, offering potential economic growth while posing significant risks of human rights abuses and environmental degradation. This policy brief considers that current voluntary frameworks, such as Economic, Social, and Governance (ESG) and voluntary due diligence standards, are insufficient to protect human rights, as they primarily focus on mitigating investor financial risk rather than preventing actual harm. Furthermore, the international investment regime, particularly the Investor-State Dispute Settlement (ISDS) mechanism, systemically undermines States’ sovereign right to regulate in the public interest. ISDS cases often penalise governments for enacting environmental, labour, and human rights protections, creating a “regulatory chill” that prioritises corporate profits over social welfare. The proposed Legally Binding Instrument (LBI) on business and human rights is presented as a necessary response to establish mandatory, enforceable obligations for corporations. This includes robust Human Rights Due Diligence (HRDD) and legal liability mechanisms, thereby rebalancing the system to ensure corporate accountability and align investment with sustainable development goals.
This book presents reflections and research that highlight tensions in the negotiations on pandemic preparedness treaties and revisions to the International Health Regulations, underscoring the geopolitical divide between developed and developing countries. It advocates regional health initiatives as a response to the multilateral impasse and reflects on the erosion of foundational public health concepts such as “essential medicines”.
New pandemics are inevitable. How can we best prepare for them and, above all, how can we avoid the mistakes and injustices made during the COVID-19 pandemic?
How can equitable access to medicines and diagnostics be guaranteed when they are produced in a small number of countries? How can we explain the fact that current funding for cooperation in the field of health is in the hands of a small group of Northern countries and foundations from the North? How can the role of the World Health Organization be strengthened? WHO now plays only a minor role in coordinating public health policies. How is it that the concept of “essential medicines”, a major advance in public health policy, is being replaced by that of “medical countermeasures”, a term more in line with the private sectors?
Preparing for future pandemics forces us to ask ourselves: how can we safeguard the general interest, the defense of human rights and public health?
Negotiating Global Health Policies: Tensions and Dilemmas is essential reading for negotiators from the 194 member countries of the World Health Organization (WHO), the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO) who participate in international negotiations on health and development. Academics and students of medicine, health sciences, law, sociology and political science, as well as intergovernmental organizations and non-governmental organizations who work on access to medicines and global health issues, also would find the book of interest.
Author: Germán Velásquez is Special Adviser, Policy and Health of the South Centre in Geneva, Switzerland. Previously, he was Director of the Secretariat on Public Health, Innovation and Intellectual Property at WHO. He represented WHO at the WTO TRIPS Council from 2001 to 2010. He is the author and co-author of numerous publications on health economics and medicines, health insurance schemes, globalization, international trade agreements, intellectual property and access to medicines.
He obtained a Master’s degree in Economics and a PhD in Health Economics from Sorbonne University, Paris. In 2010, he received a Honoris Causa PhD on Public Health from the University of Caldas, Colombia and in 2015 he received another Honoris Causa PhD from the Faculty of Medicine of the Complutense University of Madrid, Spain.
South Centre Statement during the 60th Session of the United Nations Human Rights Council
General Debate under Item 3
Geneva, 19 September 2025
At the 60th session of the Human Rights Council (HRC60), the South Centre delivered a statement welcoming the crucial update to the technical guidance on preventable maternal mortality and morbidity.
We are encouraged that the guidance moves beyond technical corrections to address the deep-seated root causes of why women and girls still die during childbirth. In our statement, we highlighted several key advancements:
🔹 An Intersectional Approach: The guidance rightfully identifies structural racism and discrimination as fundamental factors, providing a strong basis for targeted interventions.
🔹 A “Human Rights Economy” Framework: It broadens accountability to international financial institutions and corporations, emphasising that the global financial architecture—including sovereign debt, austerity measures, and healthcare privatisation—must be reformed to prioritise human rights.
🔹 Accountability and Reparations: The call for independent accountability mechanisms and a reparation fund for victims correctly reframes preventable maternal deaths from unfortunate accidents to serious injustices requiring systemic solutions.
These principles are intrinsically linked to the realisation of the Right to Development. A global environment that respects this right is essential for funding public health and creating societies where women and girls can thrive.
The challenge now is implementation. We call on all states, international financial institutions, and partners to fully fund and realise this new, rights-based and justice-oriented guidance.
The Role of the Human Rights Council in Advancing the Right to Health: From Guidance to Implementation
Side Event to the 60th Session of the UN Human Rights Council
Organized by the South Centre
Date & Time: 25 September 2025, 15h00-16h00
Venue: Room Concordia 1, Palais des Nations, Geneva
This side event to the 60th session of the Human Rights Council is convened to discuss the critical implementation gap at domestic level of oversight over state obligations related to health, placing the voices and priorities of the Global South at the center of the discourse to chart a course for a more effective approach to advancing the right to health for all.
ID with the SR on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
South Centre Statement (Item 3)
In its 59th session of the Human Rights Council statement on the Right to Health, the South Centre addressed the Special Rapporteur’s report, focusing on the protection of health and care workers. The statement noted the challenges they face, from migration impacts to poor working conditions, and called for their protection to ensure health equity for all.
Advancing Women and Girls’ Health in a Time of Converging Crises
South Centre Briefing Session (April 2025) Report
The South Centre hosted a high-level briefing session aimed at advancing the health rights of women and girls in the face of multiple global challenges. The meeting coincided with the South Centre’s 30th anniversary and the 30th anniversary of the Beijing Declaration and Platform for Action, bringing together ambassadors, health experts, and representatives of international organisations to discuss the protection and advancement of sexual and reproductive health and rights (SRHR) in the Global South.
Description: