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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    ECOSOC Wraps Up With Discussion Of Environmental Governance Framework

    Published on 4 August 2009 @ 11:18 am

    By , Intellectual Property Watch

    The influential United Nations Economic and Social Council (ECOSOC) ended its 2009 substantive session on 31 July, after a month-long coordinating body meeting in Geneva which yielded resolutions on several topics such as public health, science and technology, human rights, environment and sustainable development issues.

    ECOSOC provides a “unique platform for weaving together the various strands of the development agenda for more effective implementation,” according to a member of the Council.

    The four-week session started with a week-long High-Level Segment during which a ministerial declaration on the implementation of internationally agreed goals and commitments regarding global public health was adopted. (IPW, United Nations, 16 July 2009)

    The last portion of the 2009 session was the General Segment, featuring issues such as the environment, sustainable development, and the Permanent Forum on Indigenous Issues.

    According to an unofficial report issued by ECOSOC, a UN Joint Inspection Unit report showed that the current framework of international environmental governance might have shortcomings. “It is weakened by institutional fragmentation and specialisation,” said Tadanori Inomata from the Joint Inspection Unit and author of the report, presenting it to the Council. A holistic approach should be taken to environmental and sustainable development issues, he added. He advised member states to follow the recommendations contained in the report.

    In the report, written in 2008, it appears that “the duplication and fragmentation of the work of United Nations system organisations stem principally from a blurred distinction in their work programmes between environmental protection and sustainable development and the absence of a single strategic planning framework.”

    “Interagency bodies have failed to establish an information-sharing mechanism on the myriad of environment-related projects implemented by United Nations agencies and other organisations,” the report said.

    A clear separation of labour among development agencies, the United Nations Environment Programme (UNEP), and the mainstream environmental agreements should be achieved, “outlining respective areas and operational capacity-building activities for environmental protection and sustainable development,” Inomata was quoted as saying. He added that joint programmes and projects should be developed by UN agencies and organisations and an inventory of environmental initiatives and actors should be available as a tool for prior consultations “on harmonisation of programmes and prioritisation of the use of resources within the United Nations system.”

    Munyaradzi Chenje of UNEP, introducing the report of its Governing Council, said the Geneva-based group had reaffirmed its commitment to international environment governance. Greater coherence and efficacy of the international environment institutional framework should be discussed and specific actions towards this goal should be determined, Chenje said.

    Global environmental degradation is “partly the result of the shortcomings of the current governance structures,” said Barbara Gonzenbach of Switzerland, adding that the strengthening of international environmental governance was an issue of utmost priority for the Swiss government. The concept of establishing an environmental strategy for the whole UN system is interesting, she said, according to the unofficial report.

    Guilherme Patriota of Brazil said that his country viewed the issue of environmental governance as very important and it was a major issue to be considered by ECOSOC.

    During the 29 July session, the transport of dangerous goods and the Globally Harmonised System of Classification of Labelling of Chemicals were also discussed and a resolution was adopted. ECOSOC asked that the Secretary-General circulates the new and amended recommendations on the transport of dangerous goods to the governments of member states, the specialised agencies, and other international organisations working on the subject.

    It was also asked that the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals consults concerned organisations in order to improve the implementation of the Model Regulations on the transport of dangerous goods in all countries to foster safety and remove technical barriers to international trade.

    Keith Morrill of Canada said his country would not block consensus on the resolution but wanted to reaffirm its position on the transport of genetically modified organisms as included in the drafting of the Model Regulations. Morrill said that genetically modified organisms were not inherently dangerous goods. Johan Sammis of the United States shared Canada’s concern, and argued that genetically modified organisms should not be included in the Model Regulation.

    Gonzalo Jordan of Argentina concurred and said that genetically modified organisms, as such did not present a risk in transport.

    Model Regulations on the transport of dangerous goods have been developed by
    United Nations Economic and Social Council’s Committee of Experts on the Transport of Dangerous Goods.

    ECOSOC also decided that the eighteenth session of the Commission on Sustainable Development should take place from 3-14 May 2010 and the ninth session of the Permanent Forum on Indigenous Issues should be held from 19-30 April 2010.

    The 2009 session was suspended on 31 July and Sha Zukang, undersecretary-general for economic and social affairs at ECOSOC, said the session supported recognition of the need for collective action to improve the global system and to minimise the impact of the economic crisis.

    Jakob Strom of Sweden, speaking on behalf of the EU, complained about the “late tabling of resolutions and the difficulty in getting them circulated in all languages for proper deliberations among members.” He said tabling of resolutions should come at the beginning of the session.

    The ministerial declaration “augured well for the strengthened ECOSOC, and was groundbreaking in many ways, paving the road forward for taking concerted action on many critical issues related to global public health” said Hamza Ahmed of Sudan, speaking on behalf of the Group of 77 and China. However, the group was disappointed with the “resistance and reluctance of the partners to make any real progress,” Ahmed said. The group called for the political will to achieve the Millennium Development Goals.

    Catherine Saez may be reached at csaez@ip-watch.ch.

     

    Comments

    1. The Global Environmental Governance Project says:

      [...] Read a fuller account of the 2009 ECOSOC session  [...]

    2. Hanna says:

      Good article. A tough topic. The U.N. has a good track record in some food-related disaster relief operations, but something that is so multidisciplinary as environmental governance will not come easily to this organization.


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.