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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 …