TWN Info Service on Free Trade Agreements

06 July 2006


International Law Association Adopts Resolution on Public Health

The International Law Association (ILA) at its 72nd Biennial Conference in Toronto adopted (on June 8, 2006) a resolution supporting the maintenance of WTO’s TRIPS Agreement flexibilities for the protection of public health.

It urged governments to refrain from using bilateral and regional trade negotiations and agreements to limit or eliminate flexibilities in the TRIPS Agreement which is recognized in the Doha Declaration on the TRIPS Agreement and Public Health to support the protection of public health and to promote access to medicines for all.

This resolution was proposed to the ILA by its Committee on International Trade Law which is composed of experts from around the world (including individuals who have served in important positions at the WTO and the European Commission, who are members of national Supreme Courts, who have served as senior trade negotiators and so forth).

The Committee on International Trade Law adopted and proposed this resolution to the
ILA by consensus. The resolution is reproduced below.


Best wishes,

Third World Network
2-1, Jalan 31/70A
Desa Sri Hartamas
50480 Kuala Lumpur
Tel: +603-2300 2585
Fax: +603-2300 2595
email: twnkl@po.jaring.my
website: www.twnside.org.sg and www.ftamalaysia.org


------------------------------------------------------------------------------------------------------------

"RESOLUTION No. 3/2006

INTERNATIONAL TRADE LAW COMMITTEE

The 72nd Conference of the International Law Association, held in Toronto, Canada, 4-8 June 2006:

TAKING NOTE of the Report of the Committee on International Trade Law approved at the Committee's June 5, 2006 plenary session at the Toronto 2006 Biennial Meeting, and particularly paragraphs 13 and 18 of that Report;

RECALLING that the Report addresses the use by some governments of bilateral and regional trade negotiating forums to limit or eliminate flexibilities in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) that are recognized in the WTO Doha Declaration on the TRIPS Agreement and Public Health of November 14, 2001 to support the protection of public health and
promotion of access to medicines for all;

OBSERVING that the 2005 Report by the Consultative Board to the Director-General of the WTO (the "Sutherland Report") expressed serious concern over the pursuit by some WTO Member countries of commitments in regional and bilateral agreements that could not be secured through multilateral negotiations;

RECOGNIZING that limitation or elimination of TRIPS flexibilities that facilitate the introduction of medicines onto national markets may have adverse consequences for less affluent parts of the population and that governments should exercise caution in adopting trade-related measures that may disproportionately affect more vulnerable individuals;

RECOGNIZING that all countries and peoples are susceptible to disease burdens, including but not limited to epidemic disease burdens, that may require facilitated access to medicines, and that the limitation or elimination of TRIPS flexibilities supporting access to medicines may affect all countries and peoples;

Upon the recommendation of the Committee on International Trade Law, as provided for in paragraphs 13 and 18 of its 2006 Report:

The International Law Association hereby resolves that:

Governments are urged to refrain from using bilateral and regional trade negotiations and agreements to limit or eliminate flexibilities in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights which are recognized in the Doha Declaration on the TRIPS Agreement and Public Health to support the protection of public health and to promote access to medicines for all."

Frederick M. Abbott, Rapporteur for the ILA Committee on International Trade Law and
Edward Ball Eminent Scholar
Professor of International Law
Florida State University College of Law
425 W. Jefferson Street
Tallahassee, FL USA 32306
tel. +1-850-644-1572