Geopolitics

This article explores the concept of critical geopolitics to understand how international trade laws influence access to medicines within the framework of the TRIPS agreement. Classical geopolitics traditionally emphasizes how geographical features shape state strategy and global power dynamics, whereas critical geopolitics interprets geographical arrangements as constructs shaped by political, economic, and technological forces. By adopting a critical geopolitics approach, this article investigates how developed and developing nations use their ideas, actions, and interpretations of international trade laws to influence the implementation of TRIPS provisions in their favor. The TRIPS agreement, a multilateral treaty aimed at standardizing global intellectual property laws, often benefits developed nations by strengthening patent protections, which in turn restricts access to affordable generic medicines in developing and least developed countries. Despite the inclusion of safeguards and flexibilities designed to promote broader access to medicines, significant inequalities in access persist. This article examines the differential application of TRIPS across diverse national contexts, focusing on how developed and developing nations collaborate—or conflict—in balancing the need for strong patent protection with the imperative of public health access. By analyzing these geopolitical dynamics, the study illuminates the strategic actions employed by nations to navigate the intricate relationship between international trade law and access to pharmaceuticals. The findings offer important insights into the power imbalances that shape global health outcomes under the TRIPS regime.

As a developing Southeast Asian state, Malaysia actively engages in Regional Trade Agreements (RTAs), such as ASEAN Free Trade Area (AFTA), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and ASEAN-China Free Trade Area (ACFTA), to pursue economic and geopolitical goals. However, these agreements present challenges due to legal complexities, geopolitical dynamics, and economic consequences. This research explores  As a developing Southeast Asian state, Malaysia actively engages in Regional Trade Agreements (RTAs), such as ASEAN Free Trade Area (AFTA), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and ASEAN-China Free Trade Area (ACFTA), to pursue economic and geopolitical goals. However, these agreements present challenges due to legal complexities, geopolitical dynamics, and economic consequences. This research explores Malaysia's strategic involvement in RTAs, focusing on their development, legal frameworks, geopolitical implications, and economic impacts. This study utilizes a doctrinal legal research methodology to analyze primary and secondary sources, including legal documents, treaties, and scholarly publications, with the goal of uncovering significant themes, recurring patterns, and deeper insights. The findings indicate that although Malaysia participates in regional trade agreements (RTAs) to bolster economic resilience and foster regional integration, their effective management is challenged by constantly evolving geopolitical dynamics and uncertainties. This study contributes to ongoing discussions on regionalism and multilateralism within the global trade system.