International Law Perspective on the Protection of Human Rights in the TRIPS Agreement

Ping Xiong, PhD in law (2009) Victoria University of Wellington, is Lecturer at the School of Law, University of South Australia.

• Excerpt of table of contents:Chapter 1: IntroductionI The Issue; II Approach to The Argument of This Book; III Focus of The Book; IV Scheme of This BookPart One PreliminaryChapter 2: The International Human Rights ContextI The Right To Health in International LawA. Wide Recognition; B. Scope and Content of the Right to Health; C. Public Health under the Right to HealthII The Right to Life in International Law - Refusal of Access to Life-Saving FacilitiesA. The Right to Life; B. Relationship between the Right to Life and the Right to Health; C. SummaryIII The Right to Property and The Right to Fruits of CreationA. The Rights; B. Human Rights Approach to PatentsChapter 3: Conflict Or Coexistence between Human Rights Norms and TRIPSI TRIPS And The Right To HealthA. The History of TRIPS; B. Patent Protection in TRIPS and the Right to HealthII Limitation and Derogation in The Regimes – An Internal MechanismA. Limitation and Derogation in Human Rights; B. Use of Limitation and Derogation Language in TRIPS; C. Relationship of the Concepts in the Two RegimesIII Human Rights in TRIPS – Is an External Mechanism NeededA. Integration or Fragmentation; B. Resolution of the ConflictPart Two Interpretation of TRIPSChapter 4: Rules of Interpretation of Public International LawI Application of VCLT by the WTO DSBA. Article 31(1) of VCLT and its application; B. Contextual material - Article 31(2) of VCLT; C. Article 31(3) of VCLT and its application; D. Supplementary means – Article 32 and its application; E. SummaryII Consistent Interpretation of TRIPS and WTO LawsA. TRIPS and other covered agreements; B. TRIPS and Incorporated ConventionsIII Evolutionary InterpretationChapter 5: Examination of TRIPS in Light of The Interpretive AnalysesI Coverage and Flexibilities Offered by TRIPSII Object and Purpose of TRIPSA. Ordinary Language Used in TRIPS; B. Subsequent Agreement and PracticeIII Interpreting Specific ProvisionsA . Article 27 - Non-discrimination and Exclusion of Protection; B . Article 28 - Rights Conferred; C. Article 6 - Exhaustion of Rights; D. Article 31 - Compulsory Licensing; E . Article 30 - Limited Exceptions; F. Article 73 - Security ExceptionChapter 6: Application of Human Rights NormsI TRIPS and Human Rights NormsA. TRIPS Is Not Self-contained; B. TRIPS Invites the Use of Human Rights NormsII Rights to Health, Property and Fruits of Creation in TRIPSA. Application; B. Applying GATT Interpretation Methods to TRIPSIII The Right to Health in TRIPSA. Object and PurposeB. Specific ProvisionsPart Three Impacts of InterpretationChapter 7: Impacts on TRIPS-Plus in FTASII Interpretive Relationship between TRIPS and FTASA. Relationship in the Interpretation; B. Relationship with TRIPSII Heightened Patent Protection in FTASA. Heightened Patent Protection in FTAs; B. Justification for Heightened Patent Protection in FTAs; C Implication of the JustificationIII Interpretation and Human RightsA. Flexibility in FTAs; B. Interpretation; C. Human RightsCHAPTER 8: ConclusionBibliography; I Treaties and International Instruments; A. Treaties; B. International Instruments; II Cases; A. GATT/WTO Cases; B. Other Cases; III Texts; IV Research Papers; V Websites (Homepage URL); Index.