Trade Agreement Impact

Both agreements contain articles aimed at harmonizing authorisation processes and adapting them to international and regional standards. Article 7 of Annex 8-C of the TPP and Article 12.F.4 of the USMCA require the Parties to improve the harmonization of their rules and regulatory activities through international initiatives, « such as those aimed at harmonization, as well as regional initiatives that support such international initiatives. » Another article (Article 8 of the TPP Annex 8-C and Article 12.F.6 of the TPP) obliges countries to take into account « relevant scientific or technical guides developed through international cooperation » and encourages them to « take into account regionally developed scientific or technical guides » that are consistent with these international efforts. In addition, Article 16 of TPP Annex 8-C and Article 12.F.6 Para 10 of the USMCA require parties to consider applications for authorization in a format consistent with the International Conference on the Harmonization of Technical Requirements for the Registration of Pharmaceuticals for Human Use: Common Technical Document. The rules for pharmaceutical inspections will also be based on guides developed within the framework of international cooperation (Article 18 of the TPP Annex 8-C and Article 12.F.5 Para 8 of the USMCA). Lopert R, Gleeson D. The high price of « free » trade: US trade agreements and access to medicines. J Law Med Ethics. 2013;41(1):199–223. One of the fundamental principles of each of these chapters is that, when carrying out commercial activities, state-owned enterprises and monopolies buy or sell goods and services in accordance with commercial considerations (i.e.: 15 and in a manner that does not discriminate against the goods or services of another party [62]. These rules limit preferential purchases from local producers by soEs. Chapter 17 of the TPP was an important development in the scope and level of detail of the « soE » provisions in trade agreements [62]. The legal provisions of the chapter have been maintained as a whole within the CPTPP. Footnote 16 The requirements of the TPP and the USMCA are broader than those of CETA, which prevents the parties from providing non-commercial assistance to state-owned enterprises if doing so would have a negative impact on the interests of another party.

« Non-commercial support » refers to assistance provided under state ownership or control and includes financial assistance (e.g.B . . .

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