| Publication |
2010.
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| Summary/Abstract |
This article examines the implications of the World Trade Organization (WTO) China-Intellectual Property Rights Enforcement case for the relationship between human rights law and trade-related intellectual property law. It shows that, despite the theory whereby international trade law can spontaneously support the freedom of expression and possibly other human rights, the parties and the panel were, in practice, oblivious to the human rights context of the dispute. In the WTO, human rights considerations will be integrated with international trade law (and intellectual property law within it) only if a party makes explicit arguments to this effect, and a panel opts to consider such arguments on their merits, not through issue avoidance.
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