IDEAS home Printed from https://ideas.repec.org/a/oup/jieclw/v9y2006i4p779-821.html
   My bibliography  Save this article

From Progressive Liberalization to Progressive Regulation in WTO Law

Author

Listed:
  • Thomas Cottier

Abstract

This paper addresses conceptual problems of special and differential (S&D) treatment of developing countries (DCs). Observing that past and present avenues have largely failed, it suggests the concept of progressive regulation in the field of prescriptive rules. Based on the idea of progressive liberalization, it develops a new concept of graduation inherent to substantive rules and suggests taking recourse to individual scheduling of commitments. Learning from the idea of progressive liberalization, commensurate to diverging levels of development, it is submitted that graduation, based on recourse to economic factors within substantive rules, and scheduling of additional commitments could replace traditional perceptions of S&D treatment and render World Trade Organization (WTO) more responsive to the needs of developing Member States of the WTO. As an example, this paper applies these concepts to the problem of patenting pharmaceutical products. Copyright 2006, Oxford University Press.

Suggested Citation

  • Thomas Cottier, 2006. "From Progressive Liberalization to Progressive Regulation in WTO Law," Journal of International Economic Law, Oxford University Press, vol. 9(4), pages 779-821, December.
    • Handle: RePEc:oup:jieclw:v:9:y:2006:i:4:p:779-821
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Hold, Arno, 2013. "After the second extension of the transition period for LDCs: How can the WTO gradually integrate the poorest countries into TRIPS?," Papers 630, World Trade Institute.
    2. Holmes, Peter & Lopez-Gonzalez, Javier & MILE 02, Anirudh Shingal, 2011. "TRIPS and Special & Differential Treatment – Revisiting the Case for Derogations in Applying Patent Protection for Pharmaceuticals in Developing Count," Papers 238, World Trade Institute.
    3. Mai, Nhat Chi, 2016. "Beyond trade: the impact of WTO transparency norms on socialist-oriented countries with an emphasis on Vietnam's legal reform," OSF Preprints bgzhv, Center for Open Science.
    4. Albert Guangzhou Hu & Zhengning Liu, 2014. "Trade Liberalization and Firm Productivity: Evidence from Chinese Manufacturing Industries," Review of International Economics, Wiley Blackwell, vol. 22(3), pages 488-512, August.
    5. Nakatomi, Michitaka, 2013. "Plurilateral Agreements: A Viable Alternative to the World Trade Organization?," ADBI Working Papers 439, Asian Development Bank Institute.
    6. Bartels, Lorand & Cottier, Thomas, 2013. "Re-Thinking Reciprocity: A New Framework for WTO Disciplines on North-South Regional Trade Agreements," Papers 516, World Trade Institute.
    7. Hold, Arno, 2012. "Transitioning to Intellectual Property: How can the WTO integrate Least-Developed Countries into TRIPS?," Papers 445, World Trade Institute.
    8. Michitaka Nakatomi, 2014. "Plurilateral agreements: a viable alternative to the World Trade Organization?," Chapters, in: Richard Baldwin & Masahiro Kawai & Ganeshan Wignaraja (ed.), A World Trade Organization for the 21st Century, chapter 12, pages 361-402, Edward Elgar Publishing.
    9. Holmes, Peter & Lopez-Gonzalez, Javier, 2011. "Towards a New Age in Special and Differential Treatment," Papers 239, World Trade Institute.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:9:y:2006:i:4:p:779-821. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.