The Introduction outlines the central question of the book: how should we interpret the TRIPS Agreement when addressing the legitimacy crisis of international intellectual property (IP) rights? The COVID-19 pandemic and current trade tensions highlight both structural and cyclical tensions of the global knowledge economy. In this context of instability, the introduction sets the stage by considering the TRIPS as the structuring agreement for international IP protection. The chapter introduces this republican conception of non-domination as the core normative framework and previews how this concept will be applied across the book’s chapters. The chapter sets out the interdisciplinary methodology, bridging legal analysis and political theory, and clarifies the intended contribution: a reframing of the TRIPS that takes its legal character seriously and evaluates its moral legitimacy as part of international law.

Chapter 6 focuses on the external function of the TRIPS in promoting consistency in the international IP regime. As a structuring international Agreement, the TRIPS plays the role of a normative anchor significant with respect to two developments of the international IP regime: the concretisation of post-TRIPS international IP Agreements and the importance of FTAs and their IP-related provisions in current trade relations. This chapter firstly addresses the features of the Marrakesh Treaty for visually impaired people. This treaty, especially its human rights objective and mandatory exceptions, enriches the legal philosophy developed around the ideal of freedom as non-domination. The chapter secondly discusses how the TRIPS should be used to prevent threats in bilateral trade relations. A republican TRIPS appears central to a just international IP regime thanks mainly to its integrative and protective function with respect to interests and stakeholders that are structurally underrepresented.

The Conclusion synthesises the arguments of the book. In a period of deep troubles for the multilateral economic order, the TRIPS and with it the international IP regime face a double legitimacy criticism: the first resting on the axis between developing and developed economies and the second consisting of an axis between public and private interests. A republican reading of the TRIPS can make an important contribution to justice and resilience. A key insight of the republican approach is its capacity to tame power and leverage procedural guarantees to limit risks of domination. This approach holds promise in improving the calibration of the TRIPS and contributing to a more legitimate IP regime.

Chapter 2 presents the methodological approach of the book, aiming to answer a seemingly simple question: how can one apply the traditional interpretation methods of international law to interpreting the foundations of the TRIPS? The book sets forth the following twofold blueprint to address this question: (1) a reflective equilibrium approach clarifying how and why the interpretation of the TRIPS’ foundations can take advantage of philosophical resources, and (2) an outline of the theory of justice used for the sake of this interpretative effort. This theory of justice is based upon the ideal of freedom as non-domination, as developed by the republican tradition. It further includes a capability approach, focusing on what is due to human beings to secure them the capacity to lead a decent life.

Chapter 11 reviews the evolving US and Chinese relationships with other great powers, emphasizing the uncertainty of alliances and multilateral bodies today. China has never been prone to establish close and lasting partnerships with other states, and the Trump administration shows little regard for the twentieth-century legacy institutions. The chapter examines the causes and consequences of China’s WTO accession, as well as the prospects for an institution that the United States has quit in spirit and may do so in fact. The analysis also considers the rising propensity of both contenders to use trade sanctions against other great powers, presenting data on the relative utility of that option in different relationships.

This chapter examines the international rules governing SOEs, including those in the World Trade Organization and various free trade agreements (FTAs), focusing on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The chapter analyses the specific provisions of CPTPP Chapter 17, which sets forth a comprehensive set of disciplines on SOEs, including definitions of SOEs, commercial activities, commercial considerations, designated monopolies, and non-commercial assistance. It also discusses the concepts of adverse effect and injury caused by SOEs, as well as exceptions to the disciplines. Finally, the chapter offers observations on the CPTPP’s rules, including the definition of SOEs, the scope of commercial activities, and the extraterritorial effect of FTAs.

This chapter explores the relationship between international trade and sustainable development, with a particular focus on climate change. It traces the evolution of the multilateral trading system from its origins in the General Agreement on Tariffs and Trade to the present day, highlighting the shift from a focus on trade liberalisation to a broader commitment to sustainable development. The chapter examines how the World Trade Organization has grappled with integrating environmental concerns into its framework, including the development of ‘greening’ jurisprudence, institutions, and rules. It proposes a reform agenda to further align the trading system with global sustainability goals, emphasising the need for alignment with climate change commitments, harmonised sustainability standards, reformed subsidy approaches, governance and institutional reforms, and a focus on equity and justice.

This chapter analyses security exceptions in international trade law, focusing on their interpretation and application within the World Trade Organization (WTO) and preferential trade agreements (PTAs). It examines the evolving nature of national security concerns, particularly in cybersecurity, and how these concerns intersect with trade regulations. The chapter discusses the justiciability of security exceptions, the level of deference accorded to states in defining their security interests, and the challenges posed by the expansion of security concerns beyond traditional military domains. It also evaluates the adequacy of existing WTO and PTA frameworks in addressing contemporary security issues, suggesting that further innovations may be necessary to balance trade liberalisation with national security imperatives in the digital age.

This chapter examines the legal framework of contingent protection measures in international trade, focusing on anti-dumping duties, countervailing duties, and safeguards. It outlines the relevant WTO rules, including the General Agreement on Tariffs and Trade (GATT), and explores the justifications for these measures. These trade remedies, while protectionist, address concerns of unfair trade practices and market disruption. The chapter also addresses the challenges posed by non-market economies and the evolving role of subsidies. Finally, it discusses the economic, political, and geopolitical rationales for contingent protection, highlighting the tension between fairness and efficiency in international trade.

This chapter examines the role of tariffs and quotas in international trade law, focusing on their regulation within the General Agreement on Tariffs and Trade and the World Trade Organization. While often associated with free trade, these legal frameworks primarily discipline rather than prohibit protectionism, favouring tariffs as the more acceptable instrument. The chapter traces the evolution of tariffs as the preferred trade barrier, contrasting them with the general prohibition on quotas. It also discusses the complexities of tariff application, including classification, valuation, and origin determination. Finally, it considers the future of tariffs and quotas, and the challenges of achieving full trade liberalisation without regulatory harmonisation to prevent regulatory arbitrage.

This chapter examines the historical development of economic thought concerning international trade, tracing its evolution from early barter systems to contemporary theories. It explores mercantilism, classical theories of absolute and comparative advantage by Smith and Ricardo, and neoclassical economics’ focus on consumer preferences. The chapter delves into imperfect competition, introducing concepts like monopolistic power and product differentiation, which led to ‘New Trade Theory’. It also discusses efficiency maximisation, non-discrimination principles like MFN and national treatment, trade in services, and international vertical integration. The chapter concludes by emphasising the significance of reciprocity in trade relations and the role of the WTO in promoting international cooperation and reducing trade barriers.

This chapter discusses the history and evolution of international intellectual property rights (IPRs) protection, focusing on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. It examines the justifications for and debates surrounding the extension of developed country-style IPRs to developing nations, as well as the TRIPS provisions themselves. The chapter also addresses the conflicts between TRIPS and other international regimes, such as the Convention on Biological Diversity, and the significant public health concerns raised by TRIPS, particularly regarding access to essential medicines. Finally, it concludes by analysing the distributive impact of TRIPS and the challenges posed by emerging technologies like artificial intelligence.

This introduction to The Cambridge Companion to World Trade Law introduces the book’s purpose and structure. The volume is intended to be an authoritative and accessible guide to the field, appealing to both legal specialists and those with no specialist knowledge of trade law. It is written by experts and provides a compact discussion of the perspectives, enduring issues, and emergent challenges in the field. The introduction also discusses the current context of world trade, highlighting the divisions in the world following decades of growth and the challenges posed by globalisation. It sets the stage for the chapters that follow.

This chapter examines the legal and political economy issues surrounding trade in services, focusing on the General Agreement on Trade in Services (GATS). It contextualises the GATS’s origins, structure, and key obligations, including market access, national treatment, and MFN. The chapter also analyses the complexities of scheduling commitments, exceptions, and the evolving landscape of services trade. It concludes with a critical reflection on the challenges and future prospects of regulating services trade in the context of digital transformation and geopolitical tensions.

This chapter explains the reasons for the stalemate in the WTO negotiations on domestic agriculture support, public stockholding (PSH) for food security purposes, and fisheries subsidies. The negotiations are crucial for achieving Sustainable Development Goals related to zero hunger, food security, sustainable agriculture, and marine resources. In agriculture, members are divided on disciplining trade-distorting support and addressing historical asymmetries. The PSH negotiations are contentious owing to disagreements on a permanent solution and calculation of the external reference price. Fisheries subsidy negotiations have stalled on the issue of over-capacity and overfishing subsidies, despite progress on illegal, unreported, and unregulated fishing.

This chapter examines the evolving landscape of digital trade regulation, tracing its transformation from early electronic commerce initiatives to the current focus on the data-driven economy. It analyses the dynamic regulatory models emerging in free trade agreements and digital economy agreements, highlighting the influence of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The chapter further investigates the progress and challenges in digital trade governance within the World Trade Organization, particularly the Joint Statement Initiative on Electronic Commerce. It concludes by assessing the impact of digitalisation on global trade law, noting both legal innovations and setbacks owing to geopolitical differences and the complexities of integrating domestic data governance with international trade commitments.

This chapter analyses the WTO’s institutional features, focusing on rule-making and dispute settlement. It describes the creation of the GATT and the shift to the WTO, analysing salient aspects of the WTO’s structure. It reviews how WTO institutions have operated, highlighting problematic features and identifying potential reforms. The WTO is widely viewed as a seriously flawed institution. Despite its goal of promoting liberalised trade, members have found it virtually impossible to conclude new agreements. The dispute settlement system, once viewed as its crown jewel, now lies in tatters. While many factors have contributed to the current situation, the multilateral trading system’s institutional architecture is deeply implicated.

This chapter examines the political economy of international trade policy, exploring the evolution of the international trading system from the GATT to the WTO. It analyses the fault lines between free trade and fair trade and winners and losers, and the role of labour market policies in addressing transition costs. It also discusses the challenges facing the WTO, including institutional dysfunction and an expanding mandate. It proposes potential solutions, such as plurilateral agreements and improved institutional arrangements, while emphasising the need for collaboration with other international agencies. The chapter concludes by stressing the urgency of recovering the aspirations of the post-war international order to address current global challenges.

This chapter examines the complex relationship between international trade law and public health. While trade liberalisation can lower the cost of medical supplies and raise global standards of living, trade rules also constrain national public health measures and can facilitate trade in harmful products. The chapter analyses how the World Trade Organization (WTO) has addressed health-related trade restrictions, including disputes over tobacco, alcohol, and asbestos. It also explores the tension between intellectual property rights and access to essential medicines, as well as the impact of trade on healthcare supply chains, particularly during the Covid-19 pandemic. The chapter concludes by critiquing the WTO’s ‘exceptionalism’ framework for evaluating public health measures and arguing for a more integrated approach that prioritises both health and economic resilience.