Geneva Rhetoric, National Reality
The Political Economy of Introducing Plant Breeders' Rights in Kenya
Bibliographic Data
| ID | 12566324 |
|---|---|
| Authors | Dwijen Rangnekar (University of Warwick, corresponding author) |
| Year | 2013 |
| Volume | 19 |
| Issue | 3 |
| Pages | 359-383 |
| Publication date | 2013-05-28 |
| Open Access | No |
| Type | ARTICLE |
| Venue | New Political Economy (JOURNAL) |
| Journal identifiers | ISSN: 1356-3467 • E-ISSN: 1469-9923 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/13563467.2013.796445 |
| OpenAlex | W2140944106 |
| Language | EN |
| References cited | 23 |
The article is about implementing obligations under Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). However, concerned with the fragmentation of international law in a globalised world, the article uses Kenya as a case study to interrogate the apparent choice and latitude in Article 27.3(b). At the TRIPS Council, Kenya has sought to locate Article 27.3(b) within a wider frame by adroitly norm-borrowing, and it canvassed for integrating norms and principles from other multilateral agreements into TRIPS. Yet, when introducing plant breeders' rights into domestic law, Kenya fails to either explore the apparent latitude or deliver on its rhetoric in Geneva. I explain this decoupling between Geneva rhetoric (ritual) and domestic law (behaviour) as another symptom of what Steinberg [(2002), ‘In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO’, International Organization, 56 (2), pp. 339–74)] characterises as ‘organised hypocrisy’ of the World Trade Organisation. In demonstrating that fragmentation in global legal architecture may not automatically emerge in domestic law, the article draws out the significance of attending to a domestic political economy of law-making
Intellectual property · Law and economics · Political economy · Political science · Politics · Rhetoric · Shadow (psychology · Sociology · TRIPS Agreement · TRIPS architecture · Global trade, sustainability, and social impact · International Arbitration and Investment Law · Law · World Trade Organization Law
Private Power, Public Law
Global Business Regulation
Globalization
Technology Paradigms and the Innovation—Appropriation Interface
The Future Control of Food
Sovereign and property rights over plant genetic resources
Policies for African seed enterprise development
Globalization
Capacity building and the (re)production of intellectual property rights
In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the Gatt/WTO
The Real New World Order
Territory and Territoriality in the Global Economy
| Highly cited | No |
|---|