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Right To Health In Gats: Can The Public Health Exception Pave The Way For Complementarity?, Swati Gola
Right To Health In Gats: Can The Public Health Exception Pave The Way For Complementarity?, Swati Gola
Pace International Law Review
This paper demonstrates how a right to health approach in the interpretation of the public health exception outlined in GATS Article XIV(b) can bring about a harmonious application of international human rights and international trade law regimes. Focusing on the interpretive value of the right to health for the public health exception in GATS, it examines whether a WTO Member, who has committed itself under GATS to fully liberalize all service sectors that have implications for health (e.g., hospital and other healthcare services), still retains the regulatory space to undertake measures to fulfill their right to health obligations and can …
Australia’S Tobacco Plain Packaging Law: An Analysis Of The Trips Article 20 Challenge At The Wto, Cheryl Kirschner
Australia’S Tobacco Plain Packaging Law: An Analysis Of The Trips Article 20 Challenge At The Wto, Cheryl Kirschner
Pace International Law Review
Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material. No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity. These measures recently withstood a contentious dispute settlement request submitted on multiple grounds by four World Trade Organization (WTO) Member countries. What does the WTO’s Panel Report in this case tell us about the extent to which a country can take measures to advance its public health initiatives without violating …