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10 Jurisdictional And Jurisprudential Issues Under The International Covenant On Economic, Social And Cultural Rights And The Trips Agreement

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Chapter Summary

This chapter analyses the Committee on Economic, Social and Cultural Rights, as well as other relevant United Nations (UN) human rights bodies. It focuses particularly on the activities of the WTO’s Dispute Settlement Panel and Appellate Body. It examines the role of human rights in the WTO, particularly in the interpretation of Trade-Related Aspects of Intellectual Property Rights (TRIPS) provisions. The chapter further analyzes the Doha Declaration on TRIPS and public health as well as reports from the WTO bodies responsible for overseeing the implementation of the treaties. Finally, it provides some reflections made regarding the possibilities of the International Court of Justice resolving a conflict between the right to food and the rights derived from patent and plant variety protection.

Keywords: Doha Declaration on TRIPS; human rights; International Court of Justice; right to food; TRIPS; United Nations (UN); WTO



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