The TRIPS Agreement and John Rawls’s Theory of International Justice

Title
The TRIPS Agreement and John Rawls’s Theory of International Justice
Author
Eric Min-Chiuan Wang
Keywords
John Rawls, international justice, the Law of Peoples,Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Abstract
The topic of this article is how the theory of international justice developed
by political philosopher John Rawls in the mid-1990s can be applied to analyzing
TRIPS, the Agreement on Trade-Related Aspects of Intellectual Property Rights,
and its drafting process. The purpose here is to construct a point of view for the
critique of TRIPS. Rawls’s theory of international justice was primarily developed
in his The Law of Peoples but also bore imprints from the previous works,
including A Theory of Justice and Political Liberalism. The author of this article
has intended to apply several concepts proposed by Rawls in these works,
including the second stage of the original position, the veil of ignorance, modus
vivendi, and overlapping consensus. Many issues relating to TRIPS’ drafting process
are in effect the questions that Political Liberalism has intended to answer;
these issues include the fundamental disagreement over the function of an international
intellectual property regime and the disproportionate burdens placed on the
developing countries. This article concludes by suggesting that a process for
reaching an overlapping consensus over the goal of international intellectual property should be developed, probably, within the institutional structure of the
WTO.
 Abstract Article

16 Downloads

50 Downloads

Leave a Reply

Your email address will not be published. Required fields are marked *