Trade and Public Health: Room to Regulate

This presentation explores the interplay between trade and public health in WTO law. It highlights how agreements like GATT, GATS, SPS, TBT, and TRIPS accommodate public health objectives while maintaining trade disciplines. Key principles include non-discrimination (MFN and National Treatment) and general exceptions that permit trade-restrictive measures for health, provided they are not arbitrary or disguised restrictions. Case studies (e.g., Brazil–Retreaded Tyres, US–Clove Cigarettes, Australia–Plain Packaging) illustrate the tension between health protection and trade rules. The WTO collaborates with WHO and WIPO to align trade, health, and intellectual property concerns, affirming that public health regulation is legitimate when applied fairly and proportionately.

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