Interpretive Insights, Internal Flexibilities, and National Choices – Unpacking and Enhancing the Marrakesh Treaty

Marking the shift from the underpinning theories to an exclusive focus on the Marrakesh Treaty, this chapter places the Treaty’s text under a microscope and offers a comprehensive exposition of its formulation. From the substantive rights and cross-cutting principles that inform its wording, to its mandatory and optional features, this chapter offers a robust evaluation of the Treaty’s many nuances and flexibilities. In doing so, the chapter highlights how the Marrakesh Treaty weaves together the threads of copyright and disability rights theory discussed in earlier chapters into the patchwork of a singular international legal instrument. For those unfamiliar with the Marrakesh Treaty, this chapter serves as a useful guide to the Treaty’s essential framework. For readers already familiar with the Treaty, this chapter offers deeper, more critical insights that will be of interest to academics, advocates, and organisations working in the field. Finally, it highlights areas of concern for both Contracting Parties and key stakeholders to consider in the way the Treaty is both implemented nationally and monitored internationally.