Author : Mohamed Omar Gad
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 354 pages
Book Rating : 4.:/5 (318 download)
Book Synopsis Representational Fairness in WTO Rule-making by : Mohamed Omar Gad
Download or read book Representational Fairness in WTO Rule-making written by Mohamed Omar Gad and published by British Institute for International & Comparative Law. This book was released on 2006 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.