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This research paper by Lisa Vetten analyzes the Criminal Law (Sexual Offences and Related Matters) Amendment Bill passed by the South African National Assembly on 23 May 2007. While the author acknowledges the Bill's success in updating substantive law by creating new sexual offences and expanding definitions of rape, she argues that it fails to deliver on its promises regarding procedural reforms and victim support. The paper highlights the omission of comprehensive health services and the failure to implement recommended protections for vulnerable witnesses in court.

This research paper examines the proposed legislation for the compulsory HIV testing of alleged sexual offenders in South Africa, which was incorporated into the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. The author argues that these provisions are redundant for police investigations and lack practical utility for victims due to the HIV 'window period,' thereby constituting an unjustifiable limitation of an accused person's constitutional right to privacy.

This report chapter examines money laundering in Zimbabwe from 2004 to 2006, analyzing the impact of hyperinflation, the role of financial institutions in laundering schemes, and the adequacy of the country's legal and regulatory frameworks. It highlights a gap between the establishment of anti-money laundering (AML) infrastructure and the actual prosecution of offenders.

This research paper by Pedro Roffe examines the challenges developing countries face when implementing intellectual property (IP) provisions within bilateral and regional free trade agreements (FTAs). It analyzes the shift from the flexible pre-TRIPS era to a 'TRIPS-Plus' environment, where developed nations—particularly the USA, EU, and EFTA—push for higher protection standards. The author argues that developing countries should move beyond defensive implementation toward a creative approach that modernizes national institutions and utilizes existing legal flexibilities to promote local innovation and public health.

This report examines the potential for integrating disclosure requirements into the global intellectual property (IP) system to ensure mutual supportiveness between the WTO TRIPS Agreement and the Convention on Biological Diversity (CBD). It focuses on requiring patent applicants to disclose the origin of genetic resources and traditional knowledge, as well as providing evidence of prior informed consent (PIC) and benefit-sharing, to prevent 'biopiracy' and ensure equitable returns to provider countries and indigenous communities.

A statement by members of the Trade and Environment Policy Advisory Council (TEPAC) expressing concerns that the U.S.-Central American Free Trade Agreement (CAFTA) fails to meet the 'no greater substantive rights' mandate of the Trade Act of 2002 and poses threats to national regulatory powers and environmental protections.

This document consists of separate comments submitted by four members of the Trade and Environmental Policy Advisory Committee (TEPAC) regarding the investment chapter of the U.S.-Australia Free Trade Agreement (FTA). The authors express approval that the agreement lacks an investor-state dispute mechanism but argue that the substantive investment provisions remain problematic, fail to comply with the Trade Act of 2002's "no greater substantive rights" mandate, and pose threats to environmental regulation and public governance.

The South Centre and CIEL IP Quarterly Update for the second quarter of 2004 analyzes international intellectual property (IP) policy-making, focusing on the upcoming WIPO General Assembly and developments across multilateral, plurilateral, and bilateral fora. The report highlights the challenges developing countries face when developed nations shift negotiations to bilateral 'TRIPS-plus' agreements to circumvent multilateral flexibilities. Key areas of concern include the protection of genetic resources, the proposed broadcasting treaty, and the Substantive Patent Law Treaty (SPLT).

The report provides an overview of international intellectual property (IP) developments in the fourth quarter of 2004, focusing on the tension between IP protection and development goals. It details ongoing negotiations within the WTO Council for TRIPS, WIPO, and various bilateral and regional trade agreements, highlighting the efforts of developing countries to maintain flexibilities and prevent 'TRIPS-plus' standards.

This briefing by the Center for International Environmental Law (CIEL) criticizes the U.S. Patent and Trademark Office (PTO) for reinstating a plant patent awarded to Loren Miller for a variety of ayahuasca (Banisteriopsis caapi) known as "Da Vine." The author argues that the PTO erred by applying infringement standards rather than patentability standards and by ignoring procedural rules to accommodate the patent holder while excluding indigenous organizations from the reexamination process.

This research paper argues that the non-violation remedy—which allows a WTO Member to challenge another's measure that is otherwise WTO-consistent but nullifies or impairs a benefit—should not be applied to the TRIPS Agreement. The authors contend that the remedy is outdated in a rules-based system, creates systemic incoherence, undermines the regulatory sovereignty of developing countries, and lacks sufficient legal guidance for fair application.

This 1999 guide by the Center for International Environmental Law provides activists with legal arguments to defend mandatory genetically modified organism (GMO) labeling against challenges from the World Trade Organization (WTO). It analyzes the application of the TBT and SPS Agreements, arguing that labeling is consistent with trade rules when based on the consumer's right to know and non-food-safety considerations.

This report by the Center for International Environmental Law analyzes a leaked draft of the investment chapter of the Free Trade Area of the Americas (FTAA/ALCA). The analysis argues that the draft largely replicates the controversial Chapter 11 of the North American Free Trade Agreement (NAFTA/TLCAN), potentially expanding corporate protections at the expense of national sovereignty, democratic processes, and environmental and social protections.

This briefing by Thiru Balasubramaniam of Knowledge Ecology International examines the stalled negotiations within the World Trade Organization (WTO) regarding a waiver of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to improve global access to COVID-19 health technologies ahead of the 12th Ministerial Conference (MC12).

The International Institute for Sustainable Development (IISD) and the Center for International Environmental Law (CIEL) provide comments on draft rules for transparency in investor-State arbitration. The document argues for an 'opt-out' approach to ensure transparency is the default, criticizes broad tribunal discretion that could entrench a secretive status quo, and proposes specific modifications to draft articles regarding the publication of documents, awards, and hearing transcripts.

This collection of articles from SA Crime Quarterly No 8 (June 2004) examines various aspects of the South African criminal justice system, including the legality of lethal force in property defense, police accountability and misconduct monitoring, strategies for local crime prevention through by-laws, national victimisation trends, the application of the Domestic Violence Act by magistrates, and the operational mandate and independence of the Directorate of Special Operations (the Scorpions).

This report examines the judicial system of Zambia, detailing its dual legal structure, the hierarchy of its courts, and the systemic challenges affecting the delivery of justice. It focuses on issues of judicial independence, the administration of the death penalty, the fragmented state of juvenile justice, and the barriers preventing poor and rural populations from accessing legal aid and formal courts.

This report examines the judiciary of Sierra Leone, detailing its historical evolution from the colonial era through periods of authoritarianism and civil war to its current democratic framework. It analyzes the structural composition of the courts, the challenges to judicial independence caused by executive influence, and the institutional capacity gaps—including staffing shortages and poor infrastructure—that hinder the effective dispensation of justice.

This research paper examines the legal framework and practical administration of bail within the Nigerian criminal justice system. It analyzes the tension between state interests in prosecution and the constitutional presumption of innocence, highlighting systemic failures including police corruption, gender discrimination in surety requirements, and the prevalence of 'holding charges' that lead to prolonged pre-trial detention in dilapidated prison conditions.

This monograph, published by the Institute for Security Studies and funded by the Norwegian Government, examines the intersection of terrorism, organized crime, and human rights in Africa. It analyzes the impact of the September 11 attacks on the continent, the legal frameworks provided by the OAU (now African Union) and the United Nations, and the specific operational and legislative responses of South Africa and Algeria.