The TRIPS Agreement: Challenges and Possibilities in the Negotiation of Justice at the Transnational Level

September 2008 / Published by Policy Futures in Education

Abstract: This article explores the relationship between the ideal of justice and institutional 'structures' administering justice/injustice within the contemporary international system through a study of the Trade Related Aspects of Property Right agreement. Specific focus is the question of 'who counts' in the negotiation of global justice, and the relationships between those affected by the global economic, political and social forces emanating from the agreement. The article problematises the territorial boundedness of questions of justice within a Westphalian horizon of political community. It also seeks to address the challenges that emerge through the example of the TRIPS agreement, and the possible trajectory of political community in a post-Westphalian world.

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