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Regulatory standards in the WTO: Comparing intellectual property rights with competition policy, environmental protection, and core labor standards

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  • MASKUS, KEITH E.

Abstract

The negotiation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) greatly expands the purview of the World Trade Organization (WTO) into domestic regulatory standards. This evolution immediately raises the question of whether other regulatory standards, including competition policy, environmental standards, and worker rights, should be added to the WTO agenda. Indeed, the Doha Declaration opened the door for negotiations on the environment and competition policy but not labor standards. In this paper I review the logic and evidence for this decision based on economic arguments for multilateral management of market externalities, policy coordination problems, and systemic trade issues. The review concludes that, conditional upon the protection of intellectual property rights in the WTO, a strong case may be made for including competition rules. The case is weaker for environmental regulation (if by that is meant a set of WTO rules on permissible standards) and quite weak for core labor standards.

Suggested Citation

  • Maskus, Keith E., 2002. "Regulatory standards in the WTO: Comparing intellectual property rights with competition policy, environmental protection, and core labor standards," World Trade Review, Cambridge University Press, vol. 1(2), pages 135-152, July.
    • Handle: RePEc:cup:wotrrv:v:1:y:2002:i:02:p:135-152_00
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    Citations

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    Cited by:

    1. GianCarlo Moschini, 2004. "Intellectual Property Rights and the World Trade Organization: Retrospect and Prospects," Chapters, in: Giovanni Anania & Mary E.. Bohman & Colin A. Carter & Alex F. McCalla (ed.), Agricultural Policy Reform and the WTO, chapter 19, pages 474-511, Edward Elgar Publishing.
    2. Busse, Matthias, 2004. "Trade, environmental regulations and the World Trade Organization : new empirical evidence," Policy Research Working Paper Series 3361, The World Bank.
    3. repec:dau:papers:123456789/1546 is not listed on IDEAS
    4. Charlier, Christophe & Ngo, Mai-Anh, 2006. "An analysis of the dispute European Communities - Protection of trademarks and geographical indications for agricultural products and foodstuffs," 98th Seminar, June 29-July 2, 2006, Chania, Crete, Greece 10032, European Association of Agricultural Economists.
    5. Kamal Saggi, 2016. "Trade, Intellectual Property Rights, and the World Trade Organization," Vanderbilt University Department of Economics Working Papers 16-00014, Vanderbilt University Department of Economics.
    6. Alberto Posso, 2017. "Preferential trade agreements with labour provisions and child labour: evidence from Asia and the Pacific," Asia-Pacific Development Journal, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), vol. 24(2), pages 89-112, December.
    7. Dirk De Bièvre & Arlo Poletti & Lars Thomann, 2014. "To enforce or not to enforce? Judicialization, venue shopping, and global regulatory harmonization," Regulation & Governance, John Wiley & Sons, vol. 8(3), pages 269-286, September.
    8. Bernard M. Hoekman, 2013. "Global Governance of International Competitiveness Spillovers," RSCAS Working Papers 2013/33, European University Institute.
    9. Sumner J La Croix & Denise Eby Konan, 2006. "Have Developing Countries Gained From the Marriage Between Trade Agreements and Intellectual Property Rights?," Working Papers 200605, University of Hawaii at Manoa, Department of Economics.
    10. Michael King & Frank Barry & Alan Matthews, 2010. "Policy Coherence for Development: Five Challenges," The Institute for International Integration Studies Discussion Paper Series iiisdp335, IIIS, revised Aug 2010.

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