Balancing Trade and Health: WTO's Role in Fostering Ambitious Public Health Laws

9 Pages Posted: 6 Jun 2024

See all articles by Aviral Jain

Aviral Jain

O. P. Jindal Global University - Jindal Global Law School

Date Written: November 11, 2023

Abstract

This paper aims at delving deeper into the complex interplay between the WTO and the sovereign member states of this international organization provided with the measures to govern the international trade and commerce, in implementing the public health measures so devised by the states in their own jurisdiction and how it impacts the international trade and reaction of these organizations in governing the same.

This paper would also delve deeper into the legislations which assists the WTO in keeping a check on the state members and their legislations governing their jurisdictions, especially the General Exception Clauses in WTO agreements with the states, including the GATT Article XX and TRIPS Article 8, which allow for adoption of measures necessary for public health, provided they do not unduly hinder the international trade. This paper would also provide an insight over the Doha Declaration on TRIPS and Public Health which further emphasizes the flexibility of TRIPS rules and regulations.

This paper would also debate over the precedents wherein the trade restrictions imposed by the WTO was challenges for discriminating and proportionating the state legislations using their elements where the same is prohibited by their own charter.

Hence, this paper would converge these laws and precedents into providing a comprehensive view of the intricate relationship between WTO laws and ambitious public health laws. Ultimately, it aims to shed light on the need for a delicate balance between the imperative to safeguard public health and the international trade commitments enshrined in the WTO agreements.

Keywords: WTO, Sovereign Member States, International Trade, GATT Article XX, TRIPS Article 8, Doha Declaration

Suggested Citation

Jain, Aviral, Balancing Trade and Health: WTO's Role in Fostering Ambitious Public Health Laws (November 11, 2023). Available at SSRN: https://ssrn.com/abstract=4841885 or http://dx.doi.org/10.2139/ssrn.4841885

Aviral Jain (Contact Author)

O. P. Jindal Global University - Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India
8178997900 (Phone)

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