Gandhi, his writings and his words are as relevant as ever today as when he lived. This is the theme of the Sixth Gandhi Memorial Lecture presented by Gurdial Singh Nijar, a prominent Malaysian lawyer and former law professor, and organised by the Gandhi Memorial Trust, Malaysia. The text of the lecture, which was presented in Kuala Lumpur in October 2016, is published in this policy brief.
Corporations, Investment Decisions and Human Rights Regulatory Frameworks: Reflections on the discussion pertaining to FDI flows and the impact of a potential International Legally Binding Instrument on Business and Human Rights
This brief explores the question pertaining to the impact of States’ participation in designing an Instrument on transnational corporations and other business enterprises in the area of human rights on attracting foreign direct investment, which has been a persistent issue of discussion since the mandate of the inter-governmental group on the mentioned Instrument was established. (more…)
A Prospective Legally Binding Instrument on TNCs and Other Business Enterprises In Regard to Human Rights: Addressing Challenges to Access to Justice Faced by Victims
The complexity of corporate structures in the current globalized economy has shaped a number of practical and procedural hurdles that victims of human rights abuses perpetrated by transnational corporations (TNCs) face when accessing judicial mechanisms in order to seek remedy, both in home and host States where TNCs operate. Some of these legal barriers include constraints in the jurisdiction of the host State due to the lack of adequate substantive and procedural laws to achieve the enforcement of effective remedy, and other obstacles related to international judicial cooperation for the collection of evidence, information and enforcement of judicial decisions, or uncertainty about the possibility of bringing claims in the home State of TNCs. (more…)
Approaching States’ Obligations Under a Prospective Legally Binding Instrument on TNCs and Other Business Enterprises In Regard to Human Rights
This brief discusses possible approaches to addressing States’ obligations under a prospective international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. (more…)
Scope of the Proposed International Legally Binding Instrument on Transnational Corporations and Other Business Enterprises with respect to Human Rights
The elaboration of an ‘International Legally Binding Instrument on Transnational Corporations and other Business Enterprises with respect to Human Rights’ (hereinafter ‘the Instrument’), as mandated by the Human Rights Council at its 26th Ordinary Session (June 26, 2014), requires definitions about a multiplicity of issues. Many choices need to be made among possible policy options and properly reflected in treaty language. (more…)
The Declaration on the Right to Development, adopted by the UN General Assembly in 1986 (as Document 41/128) is 30 years old. It is appropriate to celebrate this anniversary. For the right to development has had great resonance among people all over the world, including in developing and poor countries. Even the term itself “the right to development” carries a great sense and weight of meaning and of hope. (more…)
Derechos de Propiedad Intelectual, Investigación y Desarrollo, Derechos Humanos y Acceso a Medicamentos: Bibliografía Seleccionada y Anotada
Descripción:
El Centro del Sur ha preparado esta bibliografía seleccionada y anotada para asistir a los países en desarrollo en la implementación de políticas y reglamentaciones en materia de PI de manera coherente con los objetivos de desarrollo y los principios de salud pública. El creciente volumen de literatura que se está produciendo en torno al tema de PI, I+D, derechos humanos y acceso a medicamentos en los últimos cinco años puede ayudar a los países a encontrar las oportunidades y el espacio de maniobra para proteger a los ciudadanos de los países en desarrollo del medio insano que han generado las nuevas normas del comercio internacional.
Autores: Germán Velásquez, Carlos M. Correa, Xavier Seuba
IPR, R&D, Human Rights and Access to Medicines: An Annotated and Selected Bibliography
About the Book: The South Centre seeks to provide the appropriate technical assistance and country support to developing countries, within a comprehensive and coherent national IP Strategy, to promote the implementation of the TRIPS Agreement that is consistent with the protection of public health and promotion of access to medicines. To this end, the South Centre has prepared this selected and annotated bibliography to assist developing countries to implement IP policies and regulations consistent with development goals and public health principles.
Authors: Germán Velásquez, Carlos Correa and Xavier Seuba
The Right to Development, Small Island Developing States and the SAMOA Pathway
In 2015, the United Nations community reached agreements on updating the financing for development mechanisms, Agenda 2030 and an updated climate change regime. The SAMOA pathway is an important resource and an input to these efforts. (more…)
Speaking notes by Martin Khor, Executive Director of the South Centre, for the Social Forum of the United Nations Human Rights Council, 18 February 2015
The following is a statement presented by Martin Khor, Executive Director of the South Centre, during the 2015 Social Forum of the United Nations Human Rights Council which took place from 18 to 20 February 2015 in Palais des Nations, Geneva, Switzerland. (more…)
Development-led Globalization Requires De-colonizing the MDGs
By Manuel Montes
The big attraction of the eight Millennium Development Goals (MDGs), or at least the first seven of these, was their near universal acceptability. It mobilized both resources and politics, both nationally and internationally, in pursuit of reducing poverty, hunger, gender inequality, malnutrition and disease.