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2018

Loyola University Chicago, School of Law

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

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Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes?, Cynthia M. Ho Jan 2018

Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes?, Cynthia M. Ho

Faculty Publications & Other Works

This Article provides valuable insight to the broader discussion of reforming investor-state disputes. Many have noted that the system is in a crisis due to a lack of democratic accountability and inconsistent decisions, which create a chilling effect on legitimate domestic law and policy. Despite substantial discussion in recent years concerning how to reform investor-state disputes, there is only limited discussion concerning the extent to which such disputes challenge domestic intellectual property (IP) limits, as well as global IP norms. Moreover, even among those who recognize the challenge to IP limits, the relevance of human rights is generally not addressed ...