In Search of Coherence Between Trade and Health: Inter-Institutional Opportunities

The fragmented state of contemporary international law and institutions gives rise to contentious relationships between larger policy objectives. An example of such relationships—the ―trade and health‖ debate—has long been understood as suffering from a lack of policy coherence, at the expense of health. This Article explores the institutional modalities of formulating a coherent policy that would redress the gravitational pull of the World Trade Organization (WTO), examining opportunities for cooperation between the major relevant international organizations. Part II of the Article notes the multi-layered impacts of trade on health, mindful of areas of tension between trade agreements and health. Then, in Part III, these tensions are placed within the broader discourse about the fragmentation of international law into sectoral normative regimes, with a view to highlighting the major risks involved in the process. Part IV briefly addresses the impact of trade agreements on national health measures and the operation of the ―health exception‖ in the General Agreement on Tariffs and Trade (GATT) 1994 in light of the jurisprudence of WTO tribunals. Part V explores the role of the World Health Organization (WHO) in the governance of trade and