This Article examines the clash of the two regulatory frameworks from the angle of distributive justice. By doing so, I suggest that in addition to the important issues of legitimacy, substantive norms, and hierarchy of legal orders, clashes between potential regulatory frameworks should also be conceptualized in the way in which they allocate goods (here the rights associated with IP) or recognize claims to or interests in such goods. The reasons for being concerned with distributive justice are threefold.
Assessing Clashes and Interplays of Regines from a Distributive Perspective: IP Rights Under the Strengthened Embargo Against Cuba and the Agreement on Trips,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol24/iss3/5