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Human Rights and International Trade$
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Thomas Cottier, Joost Pauwelyn, and Elisabeth Bürgi

Print publication date: 2005

Print ISBN-13: 9780199285822

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199285822.001.0001

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The ‘Rule of Reason’ and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS

The ‘Rule of Reason’ and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS

Chapter:
The ‘Rule of Reason’ and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS
Source:
Human Rights and International Trade
Author(s):

Frederick M Abbott

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285822.003.0015

This chapter looks at the manner in which human rights may affect the application of competition rules and principles in the context of the TRIPS Agreement. The analysis begins by observing that rights to life and health are well-recognized in human rights law, and that the right to health has been confirmed by the WTO Ministerial Conference in the Doha Declaration on the TRIPS Agreement and Public Health. It proceeds to demonstrate that the TRIPS Agreement rules governing competition provide substantial flexibility in terms of national policy, rule development, and application, and that this flexibility is sufficient to take into account human rights interests.

Keywords:   human rights, TRIPS Agreement, right to health, national policy, rural development, public health

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