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Megan Pickup | Challenging the WTO and TRIPS unprecedented reach in ensuring that states conform 35 to TRIPS, and limits their ability to protect the right to health through such alternatives as the production of generic drugs for HIV-related illnesses. As Philip McMichael (2008) explains, describing this process as instituting “free trade” would be a misnomer given that “in its confidential bureaucratic guise, such global governance, framed by the discourse of neo-classical economic theory, subordinates the sovereignty of the nation-state, the historic site of the social contract and democracy” 36 . While arguments like Kapoor’s are useful in explaining the democratic deficiencies of the WTO, they fail to acknowledge how these deficiencies may undermine the legitimacy of the institution and the neoliberal globalization project that it promotes. In her explanation of the WTO’s paradox - where states are equally, but nevertheless constrained, by the institutionalized neoliberal logic –Chorev unearths a fundamental 37 weakness. As she notes, countries have used the DSM to challenge US 35 When countries of the South agreed to the TRIPS provision, they were allowed transition periods in order to account for their special circumstances before full adoption in 2006 (this was later extended) (Kapstein, Ethan, and Josh Busby. 2010. “Making Markets for Market Goods: The Political Economy of Antiretrovirals.” Global Policy 1 (1): 75-90). However, as Kapoor notes, these provisions suggest the position of the Global South is temporary and not a result of structural differences (535). In practice, they were also of little use as countries were repeatedly pressured to adopt before the deadline, or implement tougher, so-called “TRIPS-plus” bilateral trade and investment agreements – that, for example, extend patent life, tighten patent protection, or limit compulsory licensing (Wade, 625; ‘T Hoen, 43). 36 168. 37 While the most complaints were put forward by Northern countries (the European Union and Canada), there were also cases brought forward from Brazil, Japan, Korea, India, and Mexico (Chorev, 349). Glob.Idealization |136
137 | Mond.Idéalisation Megan Pickup | Challenging the WTO and TRIPS protectionist policies, and the results have unequivocally supported the removal of these barriers 38 . In response, the US has not consistently complied when it required Congressional approval to do so, as the government sought to balance conflicting domestic interests - neoliberal versus protectionist 39 . Of utmost significance, the formalities of the legal system of the DSM – including third party adjudication, making information available to all parties, and its adherence to formal rules (as opposed to diplomatic negotiations) - mean that this inconsistency is rendered starkly visible 40 . Non-compliance signals to other global actors that there is something wrong with the system; therefore, “transparent attempts of the United States to protect itself from the negative consequences of neo-liberal globalism can be used not only to de-legitimate US leadership but also to delegitimate the WTO and the claims in favor of globalization of neo-liberal policies” 41 . The WTO and the globalization project that it promotes thus become more vulnerable to pressure by civil society and governmental action. Democratic Globalizers and Ingredients for Success Various elements of social movement theory are useful in analyzing the successes of democratic globalizers like the TAC in achieving the Doha Declaration. In particular, the case of the TAC mobilizing for affordable 38 341. 39 Chorev, 341. 40 Chorev, 335. 41 Chorev, 346.
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GLOB.IDEALIZATION FALL / AUTOMNE 20
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FORWARD This second issue of the Ca
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REMERCIEMENTS | ACKNOWLEDGEMENTS La
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TABLE DES MATIÈRES | TABLE OF CONT
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Dan Herman | Polity Without Demos I
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The sum of its moving parts Dan Her
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Conclusion Dan Herman | Polity With
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Dan Herman | Polity Without Demos G
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Phoebe Stephens | Equity Norms in G
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Olivier Bégin-Caouette | Classemen
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Glossary Nootan Kumar | The Evoluti
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Nootan Kumar | The Evolution of Con
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