While the recent WTO agreement allowing developing countries to import life-saving drugs by bypassing patent laws is beneficial, a majority of the drugs used to combat epidemics are off-patent or not patented in many developing countries. Consequently, the agreement will do very little to assist...

This article evaluates the evolving jurisprudence on the precautionary approach (Article 5.7 of the SPS Agreement) in World Trade Organization dispute settlement. While the jurisprudence demonstrates that panels and the Appellate Body have balanced a Member’s precautionary autonomy with the...

Much has been written about numerous aspects of investor-state dispute settlement, and the literature grows larger with the release of every publicly available arbitral ruling. One exception, however, is intellectual property provisions in international investment agreements. The absence of...

The high profile investment claims filed by Philip Morris challenging Uruguayan and Australian measures that restrict advertising and logos on tobacco packaging awakened the public health community to the existence and potential detrimental impact of international investment agreements (IIAs)....

In view of the increasing concern over global efforts to ensure equitable access to affordable COVID-19 vaccines, India and South Africa presented a proposal to the World Trade Organization (WTO) in October 2020 seeking a waiver of intellectual property rights (IPRs) in order to increase access...