The importance of the TRIPS Agreement in regulating access to medicines and pharmaceuticals within the WTO

https://www.doi.org/10.32523/2791-0954-2025-15-3-50-61

Abstract

Abstract: This article offers a comprehensive examination of the contemporary jurisprudence of international courts and tribunals in environmental matters and its influence on the transformation of international environmental law amid global climate challenges. The study aims to analyze the evolution of international environmental jurisdiction through the lens of the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and other tribunals charged with safeguarding the environment. Its methodological framework combines historical and comparative legal analysis of judicial decisions, a systemic approach to international legal institutions, and a case-study method for precedential rulings. Scientifically, the research identifies a new paradigm of international environmental jurisdiction grounded in the enhanced legal accountability of states for fulfilling climate obligations. It substantiates the emergence of erga omnes obligations in the climate sphere and the development of procedural mechanisms for compensating environmental harm. The principal findings and contribution of this work reside in its systematic and critical reflection on judicial approaches to environmental disputes, alongside reasoned forecasts for the future evolution of international environmental jurisdiction aimed at strengthening legal protection of the global environment.