Publication Type

Conference Paper

Version

submittedVersion

Publication Date

6-2012

Abstract

There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state obligations that have an impact on the regulation of public health and related intellectual property rights (IPRs) (such as in patents for pharmaceuticals) in Asian states. The impact is wide-ranging and profound, affecting access to medicines, rights and obligations of IPR owners and enforcers, rights of investors (such as producers of pharmaceutical and tobacco products), and the relationship between these agreements and other health-related treaties.

Keywords

FTA, BIT, public health, intellectual property, Asia, trade, investment, investment arbitration

Discipline

Asian Studies | Health Law and Policy | International Law

Research Areas

Public International Law, Regional and Trade Law

Publication

Society of International Economic Law Biennial Conference 3rd SIEL 2012, July 12-14

First Page

1

Last Page

14

City or Country

Singapore

Copyright Owner and License

Author

Additional URL

https://ssrn.com/abstract=2093376

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