Progressio – Terminator Seeds

Lawyers through A4ID are providing ongoing advice to NGO partner Progressio, in relation to a moratorium on "genetic use restriction technologies" (GURTs) that has been adopted by parties to the Convention on Biological Diversity (CBD).

GURTs, or terminator technologies as they are also known, produce plants which germinate sterile seeds. As reported in last week’s Metro, there are concerns that the ‘Terminator’ genes will escape into the natural environment with the effect of (i) undermining crop diversity, and (ii) forcing farmers into acquiring seeds from the major seed companies rather than relying on their traditional methods. At present, farmers in the developing world save, reuse and share seeds, developing thousands of varieties that thrive in local soils and climates. Progressio believes that Terminator technology is a potential threat to these arrangements and is concerned about the potential economic and environmental impact on the livelihoods of small-scale farmers in developing countries

Given that the potential ecological and socio economic risks of Terminator Seeds are still being researched, the signatories to the CBD have agreed that such products should not be approved by parties for field testing or commercial use until there is appropriate scientific data to justify such testing and use. Reed Smith Richards Butler is advising Progressio on how EC legislation and procedures dealing with genetically modified organisms comply with the moratorium.

Lesley Davey, Reed Smith Richards Butler

	A4ID Law and International Development Training Course - Trade & Agriculture The January session focused on the impact trade and trade negotiations have on the growth of the international development landscape and how we as lawyers can play a part. The first session by Colin Kirkpatrick looked at the effects of EU and trade liberalisation, the concept of the "most favoured nation" clause and the role of the World Trade Organisation and Regional Trade Agreements in shaping policy in this area. The second session by Fiona Smith highlighted the treatment of agriculture within the World Trade Organisation, assessing the mechanics for bringing a claim and the remedies available. Both lectures were underpinned by the fact that at the heart of development issues is trade - how we define it, how we address it internationally, and how we ensure that everyone has a fair share of it. Ruth Ormston, Wragge & Co

100 Words on…Odious Debt

The legal doctrine of odious debts was given shape by Alexander Nahum Sack in 1927.  The doctrine is concerned with the changing nature of territorial rule and specifically with what happens to the existing debt of one regime when a different regime takes over power within a given territory.  Sack, along with many other commentators, believed that exigencies of international trade demand that liability for public debts should remain intact despite a regime change or power shift.  These debts represent obligations of the state — the state being the territory, rather than a specific governmental structure.  However, Sack argued that certain debts, dettes odieuses, ‘cannot be considered to encumber the territory of the State, [as] such debts do not fulfill one of the conditions that determine the legality of the debts of the State, that is: the debts of the State must be incurred and the funds from it employed for the needs and in the interests of the State.’

Thus an odious debt is one incurred by a despotic power to further its own personal and nefarious aims at the expense of the nation and the population rather than in the interests of the state.  The doctrine of odious debt holds that when this self-serving regime falls so should the debt: ‘This debt is not an obligation for the nation; it is a regime's debt, a personal debt of the power that has incurred it, consequently it falls with the fall of this power.’

Richard Kirschke and Edward Jeremy, Linklaters LLP

Microcredit

Microcredit is the extension of small loans (microloans) to people living in poverty and entrepreneurs who cannot qualify for bank loans. It has proven to be an effective measure in the struggle against poverty.  Microcredit is gaining credibility in the financial services industry with well-established commercial banks now seeking microcredit opportunities. Microcredit has enabled many people living in chronic poverty to engage in economic activity that has allowed them to generate an income and work their way towards escaping the poverty trap.  
   
Since 1976, when Professor Muhammad Yunus gave $27 from his own pocket to 42 women, the lending organisation he established has grown into the Grameen bank with over 20,000 employees. 

On 14 February, Prof. Yunus spoke at the offices of Clifford Chance about microfinance and social enterprise as means of alleviating poverty. He gave an inspirational talk on his motivations for working in microfinance and the key role he believes social enterprises have to play in eliminating poverty. Prof. Yunus drew particular attention to the power of microfinance to assist people to fulfill their potential and the need to expand microfinance services to impoverished places where none currently exist.