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Module Paper Submission Form*

Module number 7

Date of submission 03 December 2024

Name of student JACKIE-LOU IRISH D VENTURA

Student number 2021-47910

Word count 972

Title/Topic of paper/essay:

TRIPS, Trade and Public Health: Challenges for the WTO Framework
The World Trade Organization (WTO), a foundation of a global economic union,

has unfailingly facilitated the exchange of goods and services across borders. However,

its pursuit of liberalized trade has often disagreed with fundamental human rights,

particularly in public health. While the WTO's agreements aim to promote economic

growth and development, the organization’s strict enforcement can unintentionally weaken

critical public health initiatives and restrict access to essential, life-saving medications for

most people, especially those belonging in lower-to-middle-income countries (LMCIs).

(Smith, 2006)

However, these principles sometimes create tensions with public health goals,

particularly when trade policies and agreements that impact health-related measures. For

example, the WTO's non-discrimination principle, which requires treating imported and

locally-produced goods equally, can constrain a country's ability to implement specific

health policies. Some of the other issues stemming from WTO policies are reduced trade

tariffs could result in job losses in low-income countries, extended patent protections that

might limit access to essential medicines and technologies, and numerous treaties that

could constrain national governments' ability to implement public health regulations.

(Labonte et al, 2011)

While the WTO framework allows members to prioritize legitimate policy

objectives such as public health, it emphasizes how policies are applied rather than

questioning their objectives. This creates challenges for countries implementing health

measures, such as restrictions on importations or regulations for human, animal or health

protection, which might inadvertently act as trade barriers. Policymakers often find

themselves balancing trade liberalization with public health protection, navigating the

tension between these priorities, as actions considered unnecessary for trade may face

scrutiny under WTO agreements.

A notable example of this balancing act is the WTO's TRIPS Agreement or the

Trade-Related Aspects of Intellectual Property Rights, which governs the protection and

enforcement of intellectual property rights applied to medicines and health-related

economics. The agreement includes provisions for patents (legal rights granted to

companies or investors) trademarks, copyrights, and trade secrets while incorporating

flexibility to address public health concerns. For instance, the TRIPS Agreement allows

governments to issue compulsory licenses for pharmaceutical products and permit parallel

importation under certain conditions, enabling access to affordable medicines, especially

in developing countries. (Health and Human Rights Journal, 2022) Additionally, the TRIPS

Agreement safeguards against the abuse of patent protections in the pharmaceutical

sector, including exceptions for research and addressing patent infringement. By

promoting innovation and research while ensuring access to essential medicines and

health needs, the TRIPS Agreement highlights the ongoing need to strike a balance

between fostering trade and safeguarding public health—a challenge mirrored across the

broader WTO framework.

Economic growth, while offering benefits like improved living standards and

access to technology, can unintentionally undermine human rights, particularly the right to
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health. Global trade expansion increases exposure to infectious diseases through greater

interaction across regions and facilitates the spread of unhealthy products like tobacco

and fast food, contributing to an increase in rates of non-communicable diseases.

Additionally, trade agreements can restrict access to affordable medicines through

extended patent protections leading to limitations in the governments' ability to regulate

industries for public health purposes. (Knack et al, 1998)

Further, trade liberalization, characterized by reduced tariffs and barriers, can

also lead to job losses in vulnerable sectors, exacerbating poverty and inequality which

are also known or recognized as key determinants of health outcomes. To maximize the

benefits of economic growth without compromising human well-being, policymakers must

adopt a balanced approach, integrating safeguards that prioritize public health and human

rights alongside economic development. (Barro, 2013)

However, the ICESCR has certain limitations despite being an important

instrument for advancing the right to health. Its independent structure and the concept of

gradually achieving its goals can make its enforcement less effective. Balancing public

health with economic growth is a complex challenge, as trade-offs are often necessary.

The influence of corporations, global health inequalities, and emerging health threats

further exacerbate these challenges. To address these issues, a multifaceted approach is

needed, involving strong domestic implementation, international cooperation, civil society

engagement, and corporate accountability. (ICESCR, 2014)

The World Trade Organization (WTO) significantly impacts public health through

its trade agreements, influencing the provision and distribution of health-related goods,

services, and medical professionals worldwide. By ensuring transparency and

predictability in international trade, the WTO fosters economic stability and equitable

treatment for exporters of health products, aiding global responses to health emergencies

and highlighting the societal value of public health interventions. (Smith, 2006)
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Additionally, while WTO policies can pose risks, such as restricted access to medicines

through extended patent protections, they also present opportunities to improve

population health, reduce poverty, and boost global well-being. Through international

collaboration and investment, the WTO underscores the economic benefits of strong

public health systems. Public health professionals must engage with the WTO to mitigate

risks and leverage trade opportunities for better health outcomes globally.

Overall, the World Trade Organization plays a critical role in shaping the

intersection of global trade and public health. While its framework promotes economic

growth, stability, and international cooperation, its policies often create tensions with

public health objectives. Issues such as extended patent protections, restrictions on

national health regulations, and the facilitation of unhealthy products highlight the need for

a balanced approach to trade liberalization. These challenges disproportionately impact

low- and middle-income countries, further exacerbating health inequities and undermining

access to essential medicines and public health measures.

To address these concerns, a multifaceted strategy is essential. Policymakers

must leverage the flexibility provided within WTO agreements, such as the TRIPS

Agreement, to prioritize public health and ensure equitable access to resources. Strong

international collaboration, corporate accountability, and civil society engagement are key

to aligning trade policies with human rights and health priorities. By striking a careful

balance between economic growth and public health, the WTO can foster a global

environment where trade and health work in harmony, ensuring that the benefits of

globalization extend to all, without compromising the fundamental right to health.

Health and Human Rights Journal (2022). VIEWPOINT Protecting Public Health through

Technology Transfer: The Unfulfilled Promise of the TRIPS Agreement. [online]

Available at: [Link]

health-through-technology-transfer-the-unfulfilled-promise-of-the-trips-agreement/
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[Accessed 29 Nov. 2024].

Knack, S. and Barro, R. (1998). Determinants of Economic Growth. Southern Economic

Journal, 65(1), p.185. doi: [Link]

Labonté, R., Mohindra, K.S. and Lencucha, R. (2011). Framing international trade and

chronic disease. Globalization and Health, 7(1), p.21. doi:

[Link]

Council of Europe (2014a). International Covenant on Economic, Social and Cultural

Rights - Manual for Human Rights Education with Young People. [online] Available

at: [Link]

and-cultural-rights#:~:text=Everyone%20has%20the%20right%20to%20the

%20enjoyment%20of%20the%20highest,of%20physical%20and%20mental

%20health.&Everyone%20has%20the%20right%20to%20education [Accessed 29

Nov. 2024].

Council of Europe (2014b). International Covenant on Economic, Social and Cultural

Rights - Manual for Human Rights Education with Young People. [online] Available

at: [Link]

and-cultural-rights#:~:text=Everyone%20has%20the%20right%20to%20the

%20enjoyment%20of%20the%20highest,of%20physical%20and%20mental

%20health.&Everyone%20has%20the%20right%20to%20education [Accessed 1

Dec. 2024].

World Health Organization (2003). TRIPS Agreement and its Impact on Health. [online]

Available at:

[Link]

1F79A371CE9DFE01217D4397?sequence=1 [Accessed 29 Nov. 2024].

Smith, R.D. (2006). Trade and public health: facing the challenges of globalisation.

Journal of Epidemiology & Community Health, 60(8), pp.650–651. doi:

[Link]
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World Trade Organization (n.d.). Who WTO e. Available at:

[Link] [Accessed 1 Dec.

2024].

Declaration: Upon submission of this paper, I declare that I did not copy ideas
and materials without properly citing the authors and the sources. I am aware
of the plagiarism policy of the UPOU and I abide by the University rules and
regulations. I also declare that I did this paper by myself without major
assistance from others.

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