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11 Principles For Identifying And Solving Conflicts Between Treaties, As Well As Identifying The Nature Of Treaties, Applied To Trips And The Covenant

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Chapter Summary

This chapter identifies the principles for solving conflicts between human rights treaties and WTO treaties in situations where it is found to be impossible to interpret the treaties in a manner which does not lead to conflict between treaties. It particularly focuses on human rights and intellectual property. More specifically, the chapter analyzes whether there might be a conflict between the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the articles of the International Covenant on Economic, Social and Cultural Rights. It also examines the legal concepts of ‘obligations erga omnes’ and ‘multilateral obligations’, particularly applied on human rights treaties and WTO treaties, in order to identify if a treaty protects important interests. These legal concepts are relevant in order to identify whether there are additional bases for establishing some kind of hierarchy between treaties, in addition to the lex superior and jus cogens norms.

Keywords: human rights treaties; TRIPS Agreement; WTO treaties



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