This contribution provides a cost-benefit analysis in a partial equilibrium framework to investigate the welfare consequences of a prohibitive regulatory non-tariff measure (NTM) in the form of a sanitary and phytosanitary (SPS) measure aimed at a foreign product with perceived negative...

Under Articles 31 and 31bis of the TRIPS Agreement, WTO members may validly sanction the use of a patented invention without the patent owner's authorization by issuing a compulsory license (CL). In the pharmaceuticals space, governments have historically employed compulsory licenses to compel...

The 12th WTO Ministerial Conference adopted a Ministerial Decision on the TRIPS Agreement on 17 June 2022. This partially concluded almost two years of protracted discussions in response to a proposal by India and South Africa for a waiver from certain obligations under the TRIPS Agreement for...

The cusp of the twentieth anniversary of the WTO Doha Declaration on the TRIPS Agreement and Public Health (hereafter "the Declaration") was marked by a global pandemic. The Declaration and its iteration in the Agreement on Trade Related Aspects of Intellectual Property Rights (hereafter...

The draft text for an Investment Facilitation for Development Agreement does not define the term "investment." If negotiators wish to define said term, they should take guidance from the WTO rule book. It characterizes trade-related investment as a business or professional establishment by a WTO...

Among the theories related to dispute settlement and negotiation in the World Trade Organization (hereinafter “WTO”), Lever Effect Theory stands out as it concentrates on analyzing the relationship between agriculture dispute settlement and multilateral agriculture negotiation. However, due...

Enterprises are increasingly expected to observe environmental, social and governance (ESG) indicators and report about them. In the context of foreign direct investment (FDI), it is becoming more and more common to require foreign investors to engage in responsible business conduct as...

The world trade organization was established in 1995. As a result, the Dispute settlement system (DSS) for international trade was established as the highest legal body in the world with the responsibility of dealing with trade related issues between member states. This, method of resolving...