The World Trade Organization Knowledge Agreements (Cambridge Studies in Law and Society)
Cambridge University Press
Edition: 2, 4/24/2008
EAN 9780521881234, ISBN10: 0521881234
Hardcover, 548 pages, 23.4 x 15.5 x 3.5 cm
Language: English
The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments now regulate trade in knowledge. This second edition analyses the provisions of the agreements and examines closely the thirteen years of implementation and revision. Gathering together the interpretations placed on the agreements by the WTO dispute settlement bodies, it reports on the initiatives taken by the members both to liberalise trade in knowledge and to shape international business regulation. Drawing on this, Christopher Arup assesses the future of the WTO as a global law-making institution. Three expanded case studies (legal services, genetic codes/essential medicines, and on-line media) illustrate the impact of the agreements and highlight the challenges faced by the WTO in reconciling free trade with social regulation.
Part I. Globalization, Law and the WTO
1. Trade law as a global mediator
2. A global context
3. The World Trade Organization
Part II. Services
4. The general agreement on trade in services
5. The case of legal services
Part III. Intellectual Property
6. The agreement on trade-related intellectual property rights
7. The case of genetic codes
Part IV. Convergence
8. The case of communications media.
'This book shines a torch on two of the most important multilateral agreements sponsored by the World Trade Organisation, viz the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) which together regulate trade in knowledge. As well as analysing the provisions of these instruments, it provides an assessment of how they have worked in practice over the thirteen years during which they have been in existence. The assessment is aided by case studies on three important subjects - legal services, generic codes/essential medicine and on-line media. Arup adopts an approach which is as balanced as it is rigourous, making this a very valuable source of reference in this important field.' Commonwealth Lawyer's Association and Contributors