WTO TRIPS Agreement: Insights from a Negotiator at the Uruguay Round of GATT
By Jayashree Watal
This article recounts how the TRIPS Agreement negotiations took place from the perspective of a participant in the negotiations. It outlines India’s concerns with the developed countries’ proposals and notes that most developing countries wrongly thought that TRIPS was about trade in counterfeit goods, a subject that was first broached at the end of the Tokyo Round in 1978-9. On the contrary, Industry associations of the US, EU and Japan had, quite early on in the negotiations in 1988, drawn up a legal text very close to what became the final text of the TRIPS Agreement.
This book presents reflections and research that highlight tensions in the negotiations on pandemic preparedness treaties and revisions to the International Health Regulations, underscoring the geopolitical divide between developed and developing countries. It advocates regional health initiatives as a response to the multilateral impasse and reflects on the erosion of foundational public health concepts such as “essential medicines”.
New pandemics are inevitable. How can we best prepare for them and, above all, how can we avoid the mistakes and injustices made during the COVID-19 pandemic?
How can equitable access to medicines and diagnostics be guaranteed when they are produced in a small number of countries? How can we explain the fact that current funding for cooperation in the field of health is in the hands of a small group of Northern countries and foundations from the North? How can the role of the World Health Organization be strengthened? WHO now plays only a minor role in coordinating public health policies. How is it that the concept of “essential medicines”, a major advance in public health policy, is being replaced by that of “medical countermeasures”, a term more in line with the private sectors?
Preparing for future pandemics forces us to ask ourselves: how can we safeguard the general interest, the defense of human rights and public health?
Negotiating Global Health Policies: Tensions and Dilemmas is essential reading for negotiators from the 194 member countries of the World Health Organization (WHO), the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO) who participate in international negotiations on health and development. Academics and students of medicine, health sciences, law, sociology and political science, as well as intergovernmental organizations and non-governmental organizations who work on access to medicines and global health issues, also would find the book of interest.
Author: Germán Velásquez is Special Adviser, Policy and Health of the South Centre in Geneva, Switzerland. Previously, he was Director of the Secretariat on Public Health, Innovation and Intellectual Property at WHO. He represented WHO at the WTO TRIPS Council from 2001 to 2010. He is the author and co-author of numerous publications on health economics and medicines, health insurance schemes, globalization, international trade agreements, intellectual property and access to medicines.
He obtained a Master’s degree in Economics and a PhD in Health Economics from Sorbonne University, Paris. In 2010, he received a Honoris Causa PhD on Public Health from the University of Caldas, Colombia and in 2015 he received another Honoris Causa PhD from the Faculty of Medicine of the Complutense University of Madrid, Spain.
Trump and the Return of the Nation-State: Hegemony and Crisis of the Neoliberal Global Order
By Humberto Campodonico
This article examines the deepening crisis of the global economic and trade order established after World War II, a crisis accelerated by Donald Trump’s return to the United States presidency. Trump has adopted a stance openly hostile to neoliberal globalization, promoting instead a project centered on reinforcing the nation-state, employing commercial coercion, and using economic power to preserve US hegemony by neutralizing China. His “reciprocal tariffs” and the “Big Beautiful Bill” illustrate this shift, breaking with the World Trade Organization and consolidating elite power while sharply reducing social spending. Far from correcting the inequities of neoliberal globalization, these measures channel the social dislocations of deindustrialization and the impoverishment of the US Rust Belt into an authoritarian discourse of economic sovereignty.
The article situates this process within the broader crisis of democratic capitalism, marked by declining trust in liberal democracy and the rise of populisms and authoritarian regimes that capitalize on discontent without offering redistributive solutions. The analysis draws on Graham Allison’s “Thucydides Trap” and Carla Norrlöf’s reading of Ibn Khaldun to explain both hegemonic rivalry and internal fragmentation. Finally, it explores alternatives to the failed neoliberal order and argues for opening a collective debate on a new international system in which the Global South must play a role.
History of the Negotiations of the TRIPS Agreement
By Carlos Correa
When the currently developed countries started their industrialization process, the intellectual property system was very flexible and allowed them to industrialize based on imitation, as it was notably the case of the United States. The international intellectual property system evolved since the end of the XIX Century based on a number of conventions on which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was later built on. Developing countries resisted the incorporation into the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) of broad disciplines on intellectual property, as they were conscious that they were disadvantaged in terms of science and technology and that a new agreement, with a mechanism to enforce its rules, would freeze the comparative advantages that developed countries enjoyed. Faced with the threat of not getting concessions in agriculture and textiles -that were crucial for their economies- they were finally forced to enter into negotiations of an Agreement, the terms of which were essentially dictated by developed countries. Coercion rather than negotiations among equal partners seems to explain the final adoption of this Agreement.
Mapping Africa’s Digital Trade: AfCFTA, JSI & AU AI Strategy
WTO Public Forum Working Session 49
Organizer: South Centre
18 September 202510:45-12:00 Room S3
This session explores how Africa is shaping its digital trade future through the AfCFTA Digital Trade Protocol, engagement in WTO e-commerce discussions, and the Continental Artificial Intelligence Strategy. It will examine the region’s priorities on data governance, local value creation, and inclusive digital markets, while assessing risks of fragmentation across regimes. Speakers will consider how African countries can assert greater agency in global digital rulemaking and align trade, technology, and development strategies. The session offers a forward-looking perspective on what a fair and inclusive global digital trade architecture could look like from an African and Global South perspective.
WTO Reform: Rewriting Trade History – The United States as Architect and Beneficiary of the Multilateral Trading System
A Working Paper on Elements of WTO Reform, 1 September 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This paper examines the revisionist trade narrative advanced by the United States, which portrays multilateral rules as disadvantageous and seeks to justify unilateral tariffs and coercive bilateral arrangements. It demonstrates that the principles of non-discrimination and reciprocity pre-date Bretton Woods and were embedded in the multilateral system through U.S. initiatives from the 1930s through the creation of GATT in 1947. Far from being disadvantaged, the U.S. has consistently shaped and benefitted from the system, including through the Uruguay Round’s expansion of enforceable rules on services, intellectual property, and investment. The analysis shows that the shift toward what has been termed the “Turnberry system” risks fragmenting global markets, eroding the MFN principle, and deepening structural asymmetries that leave developing countries more vulnerable to exclusion. By correcting historical records, the paper underscores the importance of defending multilateral guarantees of equal treatment while building institutional capacity and strategic coordination to better safeguard development priorities in an increasingly contested global order.
WTO Reform: Structuring a Positive Agenda for Developing Countries
A Working Document on Structuring Reform Around Legal Principles and Development Priorities, 15 July 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This Working Document outlines a structured contribution to the WTO reform process from a legal and developmental perspective. It organises the wide range of reform issues into seven categories, based on their legal character, institutional handling, and the procedural steps required for meaningful resolution. The aim is to support a more coherent and inclusive reform process by offering a logical framework grounded in the Marrakesh Agreement and reflective of the WTO’s foundational principles. It is intended to assist Members in navigating reform discussions in a manner that is principled, transparent, and responsive to the priorities of developing countries.
WTO Reform: Framing Challenges in the Facilitator-led Process and Strategic Considerations for Developing Countries
By Vahini Naidu, Trade for Development Programme, South Centre
This Informal Note was prepared to inform developing country participation in the next round of Facilitator-led consultations on WTO reform. It provides a critical reflection on the three-track framework proposed by the Facilitator, namely Governance, Fairness and Future, and raises concerns about the framing, legal coherence, and process legitimacy of the emerging reform agenda. The note highlights the risks of implicitly reshaping negotiating priorities through informal structuring, particularly in ways that may disadvantage developing countries or dilute existing legal mandates. It offers strategic considerations and suggested responses to the three guiding questions posed by the Facilitator, underscoring the need to reaffirm treaty-embedded rights such as Special and Differential Treatment, preserve institutional integrity, and ensure that any reform remains firmly anchored in multilateral principles, Member-driven processes, and the development dimension. A separate working document proposing a structured positive agenda for developing countries will follow to complement this analysis.
WTO Reform: Facilitator’s Report on Initial Consultations (JOB/GC/445)
Commentary, 9 July 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This commentary provides a critical analysis of the Facilitator’s Report on Initial Consultations on WTO Reform, highlighting the absence of a shared reform objective, the fragmentation of issues, and the risks posed to developing country priorities, particularly with respect to the Special and Differential Treatment and self-designation, and the consensus-based decision-making. It examines the legal and institutional implications of current reform narratives and cautions against proposals that may entrench rather than correct systemic imbalances.
As the World Trade Organization (WTO) marks its 30th anniversary, Director-General (DG) Ngozi Okonjo-Iweala has called for a reflection process to assess the organisation’s achievements and chart its future. For developing countries, this reflection presents a significant opportunity. A well-managed process could begin to address the structural imbalances embedded in WTO rules that constrain policy space, limit technology access, and restrict development pathways. Conversely, a poorly handled approach risks reducing it to a narrow review that fails to account for the broader economic realities shaping trade and the persistent development needs of the Global South. This paper argues that the DG’s reflection process must be firmly member-driven, with clear governance principles, and rooted in a comprehensive development audit to assess how WTO rules have impacted developing countries over the past three decades. The paper contends that a meaningful reflection requires more than procedural introspection; it requires a serious conversation about the future of global trade governance and its relevance to development, ensuring that the WTO’s evolution genuinely responds to the priorities of its majority membership.
The South Centre carries out multiple activities to support developing countries with policy-oriented research, inputs and advice for negotiations and capacity building. The Report summarizes the South Centre’s activities in 2024 and highlights the contexts in which they were conducted as well as the objectives that were pursued with their implementation.
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