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The document analyzes the intersection of intellectual property and development, highlighting the risks of fragmented negotiations across different international bodies. It focuses on three critical issues for the September 2004 WIPO General Assembly: the interrelation between the Convention on Biological Diversity (CBD) and IP disclosure requirements, the proposed treaty on the protection of broadcasting organizations, and the future of the Substantive Patent Law Treaty (SPLT). Additionally, it tracks IP-related activities in the WTO, WHO, UNCTAD, and various bilateral 'TRIPS-plus' trade agreements, arguing that developed countries often use bilateral fora to circumvent multilateral flexibilities.

The report examines the shift in intellectual property standard-setting from multilateral forums like the WTO and WIPO to bilateral and regional trade agreements. It highlights the risk of "TRIPS-plus" provisions—standards exceeding the WTO's TRIPS Agreement—which erode flexibilities for developing countries. A central focus is the application of non-violation complaints in bilateral deals (e.g., US-Chile, CAFTA), which the authors argue could make WTO discussions irrelevant and restrict the right of states to regulate IP in the public interest. The document also updates activities in the TRIPS Council, WIPO's committees on patents and genetic resources, and various UN agencies regarding traditional knowledge and public health.

The document argues that while trade and aid are intended to foster development and security, they often exacerbate conflict through the exploitation of natural resources, volatile aid flows, and unbalanced trade liberalization. It calls for an integrated approach that incorporates security as a primary goal, improves governance, and utilizes mechanisms like commodity price stabilization and product certification to mitigate the 'dark sides' of commerce and assistance.

The report examines decentralization reforms in countries including Bolivia, Brazil, Cameroon, China, India, Indonesia, Mali, Mexico, Mongolia, Nicaragua, Senegal, South Africa, Thailand, Uganda, and Zimbabwe. It finds that most reforms fail to establish the necessary institutional infrastructure for democratic decentralization, often resulting in privatization or deconcentration instead. The author argues that for decentralization to be equitable and efficient, powers must be transferred to elected local governments that are accountable to the local population, rather than to customary authorities or NGOs. The report highlights that central governments frequently resist genuine power transfers by using 'capacity' arguments as an excuse to retain control over lucrative resources. It recommends shifting from complex management planning to a system of minimum environmental standards and sequencing power transfers to prioritize political and allocative decisions over technical ones.

The report by Friends of the Earth International contends that IFIs, including multilateral development banks and export credit agencies, facilitate a destructive export-led development model. Through various case studies in countries like Peru, Colombia, and the Philippines, the document illustrates how these investments lead to environmental catastrophes, human rights violations, and the marginalization of indigenous peoples and women. It specifically highlights the contradiction between IFI funding of fossil fuels and global climate goals, ultimately recommending a phased withdrawal from extractive sectors in favor of decentralized renewable energy initiatives.

The document argues that the WTO's 'free trade' framework is systematically biased toward transnational corporations, which use privileged access to governments in the US, EU, and Japan to shape global rules. Through case studies, it illustrates how this influence leads to the forced adoption of GMOs, restricted access to essential medicines, the privatization of water and energy, and the undermining of international environmental agreements like the Kyoto Protocol and the Cartagena Protocol on Biosafety. The authors call for a halt to current negotiations and an independent assessment of the social and environmental impacts of trade liberalization.

Friends of the Earth International opposes the continuation of GATS negotiations, asserting that the agreement grants transnational corporations excessive rights at the expense of national environmental and social policies. The document highlights how GATS limits the right of governments to legislate, particularly regarding essential public services and natural resource management. It specifically warns that expanding GATS into energy, water, and tourism sectors could lead to irreversible ecological damage and the forced privatization of basic human needs. The organization demands the exclusion of public services and extractive industries from GATS disciplines and the implementation of strong environmental exemptions.

Friends of the Earth International opposes the proposed WTO investment agreement, asserting it would prioritize corporate rights over the environment and public interest. The organization cites the failure of the Multilateral Agreement on Investment (MAI) and the negative impacts of NAFTA Chapter 11 as evidence of the risks associated with investor-state dispute mechanisms. It further argues that there is no empirical evidence that foreign direct investment (FDI) leads to sustainable development, noting that many developed nations used the very policy tools they now seek to deny developing countries. The paper recommends that the WTO reject 'procedural modalities' for investment talks, reexamine GATS Mode 3 commitments, and abandon TRIMS rules that hinder local development. Instead, it advocates for corporate accountability rules to be negotiated in social and environmental forums rather than within the WTO.

Friends of the Earth International opposes the proposal to include investment rules in the WTO, particularly ahead of the 2003 Cancun Ministerial Conference. The organization argues that investment agreements, such as the failed Multilateral Agreement on Investment (MAI) and NAFTA's Chapter 11, undermine the ability of governments to implement environmental and social policies. It claims there is no empirical evidence that foreign direct investment leads to equitable development and urges the WTO to reject 'procedural modalities' for investment talks and reform existing rules like GATS and TRIMS that already restrict national policy space.

The report argues that the WTO system is biased toward transnational corporations, which use their access to governments and the WTO Secretariat to promote rules that undermine national environmental and health standards. Through case studies, it details how this influence manifests in the push for GMO acceptance, the restriction of essential medicines via the TRIPS agreement, the promotion of water and energy privatization through GATS, and the use of investment treaties to challenge public interest regulations. The authors call for a moratorium on further trade negotiations and an independent assessment of the social and environmental impacts of 'free trade'.

The report examines the global landscape of GMO import regulations, noting a concentration of commercial acreage in the US, Argentina, Canada, and China, while many developing nations face regulatory blockages. It details the stringent regimes in the EU and Australia/New Zealand, the more flexible approach in the US, and varying levels of adoption and restriction in Asia, Latin America, and Africa. The document further analyzes potential conflicts between these national regulations—specifically regarding traceability, labelling, and the precautionary principle—and WTO agreements such as the SPS, TBT, and GATT, as well as the influence of the Cartagena Protocol on Biosafety.

The document analyzes the rise of investor-state arbitration under Bilateral Investment Treaties (BITs), noting a significant increase in cases compared to NAFTA's Chapter 11. Using ICSID data, it highlights pending cases that challenge government emergency measures in Argentina, tax policies in Burundi, and environmental regulations in Mexico and Peru. It also examines disputes over water privatization in Bolivia and Argentina, and the risks of using opaque, ad-hoc arbitration rules (like UNCITRAL) which can lead to conflicting rulings and a lack of public transparency, potentially undermining the legitimacy of the process and hindering the ability of developing nations to manage foreign investment.

The document argues that the combined influence of International Financial Institutions (IFIs), Bilateral Investment Treaties (BITs), and the General Agreement on Trade in Services (GATS) creates a mechanism that forces developing nations toward the privatization of water services. It asserts that while privatization is presented as a universal solution for water scarcity, it often fails the poor and marginalized, as seen in South Africa and Bolivia. The text emphasizes that access to water is a fundamental human right, and that international legal frameworks can 'trap' governments by making liberalization irreversible and exposing them to costly international arbitration (such as through ICSID) if they attempt to re-regulate or reverse privatization to protect public health and human rights.

The briefing examines how the push for water privatization by the World Bank and IMF, alongside the constraints of Bilateral Investment Treaties (BITs) and the General Agreement on Trade in Services (GATS), undermines the ability of national governments to protect access to water as a human right. It highlights the 'lock-in' effect of these international legal frameworks, which can penalize states for adopting social or environmental regulations. The document recommends that governments carefully assess the impact of these agreements on marginalized populations and explicitly exclude sensitive sectors like water from trade commitments to ensure sustainable development.

The document examines the controversy surrounding the shipment of genetically modified organisms (GMOs) as food aid, particularly in Southern Africa, Latin America, and Asia. It argues that the US government and agencies like USAID and the WFP have pressured developing nations to accept GM food aid, often presenting a false choice between GMOs and starvation. The report details case studies where GM ingredients were found in aid shipments despite national bans or lack of labeling, such as in Ecuador, Bolivia, and India. It further contends that GM crops are not a solution to hunger, which is instead caused by poverty, debt, and Western agricultural subsidies. The report advocates for a shift toward sustainable agriculture, local food procurement, and the application of the precautionary principle regarding GMOs.

The report critiques the impact of trade liberalisation and corporate control on global food security, advocating for a shift toward localised, sustainable food systems and the recognition of food sovereignty as a fundamental right.

The document examines the tension between the protections granted to foreign investors under Bilateral Investment Treaties (BITs) and the human rights obligations of host states. It highlights a surge in investor-state disputes, particularly in the water and sewage sectors in Latin America, where the 'right to water' may serve as a legal defense for state regulation. The paper argues that current BITs are largely silent on human rights and lack transparency, which may lead to 'regulatory chill' or the prioritization of investor rights over public interest. It suggests reforms, including the inclusion of minimum human rights responsibilities for investors and the potential use of human rights courts to resolve investment disputes.

The document argues that the synergy between World Bank and IMF conditionalities, investment treaties, and WTO agreements creates a 'lock-in' effect that forces the privatization of water services. This process often undermines the human right to water, as legally binding international obligations can penalize governments that attempt to implement social or environmental regulations, such as water price caps, to protect vulnerable populations.

The authors argue that the U.S.-Chile and U.S.-Singapore FTAs grant foreign investors substantive rights exceeding those of domestic investors under U.S. law, particularly regarding expropriation and minimum standard of treatment. They highlight the lack of a general environmental exception in the investment chapters and express concern that the investor-state dispute mechanism undermines the rule of law and national security while lacking citizen enforcement mechanisms.

The document examines the global trend of water privatization, highlighting how the World Bank and IMF pressure developing nations to privatize water services as a condition for loans. It details the dominance of French multinationals Suez and Vivendi, and the impact of trade agreements like GATS on water access. Through case studies from Bolivia, Malaysia, Indonesia, and other regions, it documents tariff increases, environmental degradation, and social resistance, while proposing community-based management and 'soft path' alternatives to corporate control.