This book examines representational fairness in WTO rule making. The context of examination is the pharmaceutical-related provisions of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and the interests of developing countries and pharmaceutical multinational enterprises therein. The book analyzes the negotiation and implementation periods of the specified TRIPS provisions and the legal disputes that arose, covering the period from the mid-1980s, until the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in November 2001. An imbalance reflected in the negotiated text in favor of pharmaceutical MNEs' interests during the negotiation process is characterized as 'top-down' rule making. Reacting to this, developing countries exerted pressure from the 'bottom-up' hindering the implementation of these TRIPS provisions. This retorting action, while instilling a degree of balance, congests the TRIPS regime and the larger WTO system with additional dispute proceedings leading to strains in North-South relations. The volume concludes with selective suggestions focusing on the rule making process of the WTO and proposes measures to reduce the likelihood of a deficiency in representational fairness occurring in future negotiations.

Representational Fairness in WTO Rule Making: Negotiating, Implementing and Disputing the TRIPS Pharmaceutical-Related Provisions

Gad, Mohamed Omar

Business & Money

British Institute of International

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Books by Gad, Mohamed Omar

See the best price to sell, buy, or rent books by Gad, Mohamed Omar. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Representational Fairness in WTO Rule Making: Negotiating, Implementing and Disputing the TRIPS Pharmaceutical-Related Provisions