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Negotiating Health

Author: Pedro Roffe
Publisher: Earthscan
ISBN: 1849772088
Size: 66.24 MB
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In developing countries, access to affordable medicines for the treatment of diseases such as AIDS and malaria remains a matter of life or death. In Africa, for instance, more than one million children die each year from malaria alone, a figure which could soon be far higher with the extension of patent rules for pharmaceuticals. Previously, access to essential medicines was made possible by the supply of much cheaper generics, manufactured largely by India; from 2005, however, the availability of these drugs is threatened as new WTO rules take effect. Halting the spread of malaria and HIV/AIDS is one of the eight Millennium Goals adopted at the UN Millennium Summit, which makes this a timely and topical book. Informed analysis is provided by internationally renowned contributors who look at the post-2005 world and discuss how action may be taken to ensure that intellectual property regimes are interpreted and implemented in a manner supportive to the right to protect public health and, in particular, to promote access to medicines for all.

Advancing The Human Right To Health

Author: José M. Zuniga
Publisher: OUP Oxford
ISBN: 0191637645
Size: 26.17 MB
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Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Intellectual Property At The Crossroads Of Trade

Author: J. Rosen
Publisher: Edward Elgar Publishing
ISBN: 1781953392
Size: 32.40 MB
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Intellectual Property Law at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition. The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement. This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.

Intellectual Property Human Rights And Development

Author: Duncan Matthews
Publisher: Edward Elgar Publishing
ISBN: 0857931245
Size: 59.77 MB
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'Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat – and the principal contribution – of this book. . . The book marks a major contribution for the empirical material alone.' – Ken Shadlen, Journal of Development Studies 'Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs' relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers' rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.' – Susan K. Sell, George Washington University, US 'One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.' – Peter Drahos, Australian National University 'This book reveals how non-governmental organizations helped developing countries to better understand and mitigate the impact of the new standards of intellectual property protection that those countries were forced to adopt in the context of trade negotiations. Based on comprehensive and rigorous research, the author offers an outstanding piece that will not only be important for academics, policy-makers and students working in the area of intellectual property, but also for those more broadly interested in the implementation of human rights, coalition-building scenarios and framing strategies.' – Carlos Correa, University of Buenos Aires, Argentina 'This is a valuable corrective to a debate that is too often premised on the perspective of rich and developed countries. Focussing on the network of NGOs that supports developing countries, Duncan Matthews fills a major gap in the analysis of international disputes about intellectual property. His analysis rightly demolishes the position that developing countries have remained helpless in the face of developments in the global governance of IPRs, and helps explain how the global politics of IPRs is shifting.' – Christopher May, Lancaster University, UK This insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.

Back To Basics

Author: Martha Finnemore
Publisher: Oxford University Press
ISBN: 0199339716
Size: 52.32 MB
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No scholar better exemplifies the intellectual challenges foisted on the Neorealist school of international relations than prominent scholar Stephen Krasner (Graham H. Stuart Professor of International Studies, the Senior Associate Dean for the Social Sciences, School of Humanities & Sciences, and Director of Policy Planning at the US State Department 2005-2007). Throughout his career he has wrestled with realism's promises and limitations. Krasner has always been a prominent defender of realism and the importance of power understood in material terms, whether military or economic. Yet realist frameworks rarely provided a complete explanation for outcomes, in Krasner's analyses, and much of his work involved understanding power's role in situations not well explained by realism. If states seek power, why do we see cooperation? If hegemony promotes cooperation why does cooperation continue in the face of America's decline? Do states actually pursue their national interests or do domestic structures and values derail the rational pursuit of material objectives? Krasner's explanations were as diverse as were the problems. They pushed, to use his phrase, "the limits of realism." Edited by Martha Finnemore and Judith Goldstein, Back to Basics asks scholars to reflect on the role power plays in contemporary politics and how a power politics approach is influential today. The arguments made by the authors in this volume speak to one of three themes that run through Krasner's work: state power and hegemony; the relationship between states and markets; conceptions of the nation state in international politics. These themes appeared regularly in Krasner's scholarship as he wrestled, over his career, with fundamental questions of inter-state politics. Contributors largely agree on the centrality of power but diverge substantially on the ways power is manifest and should be measured and understood. Many of the contributors confronted the same intellectual dilemmas as Krasner in struggling to define power and its relationship to interests, yet their responses are different. Together, these essays explore new ways of thinking about power's role in contemporary politics and demonstrate the concepts continued relevance for both policy and theory.

Law And Global Health

Author: Michael Freeman
Publisher: OUP Oxford
ISBN: 019100345X
Size: 40.72 MB
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Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.

The Political Economy Of Hiv Aids In Developing Countries

Author: Benjamin Coriat
Publisher: Edward Elgar Publishing
ISBN: 1848444893
Size: 50.99 MB
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The issue of universal and free access to treatment is now a fundamental goal of the international community. Based on original data and field studies from Brazil, Thailand, India and Sub-Saharan Africa under the aegis of ANRS (the French nationalagency for research on Aids and viral hepatitis, this timely and significant book both assesses the progress made in achieving this objective and presents a rigorous diagnosis of the obstacles that remain. Placing particular emphasis on the constraints imposed by TRIPS as well as the poor state of most public health systems in Southern countries, the contributing authors provide a comprehensive analysis of the huge barriers that have yet to be overcome in order to attain free access to care and offer innovative suggestions of how they might be confronted. In doing this, the book renews our understanding of the political economy of HIV/AIDS in these vast regions, where the disease continues to spread with devastating social and economic consequences. This volume will be a valuable addition to the current literature on HIV/AIDS in developing countries and will find widespread appeal amongst students and academics studying economics, sociology and public health. It will also be of interest to international organizations and professional associations involved in the fight against pandemics.

Negotiating Public Health In A Globalized World

Author: David Fairman
Publisher: Springer Science & Business Media
ISBN: 9400727801
Size: 22.47 MB
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In a new era of global health diplomacy, the most important tool for decision-making is negotiation. Globalization is binding countries, issues and people together as never before. In the domain of public health, traditional international concerns like the spread of infectious diseases have been joined by new concerns and challenges in managing the health impacts of trade and intellectual property rights, and by new opportunities to create effective global public health agreements and programs. To address the major health crises of today and to prevent or mitigate them in the future, countries must seek collective agreement and action within and across their borders. However, the world of international negotiation is not the world in which health decision-makers reside or are most comfortable. The goal of this guide is to provide health policy-makers with practical information and negotiation tools, to help them create better international health agreements and programs. "This is the best book I know to help health professionals develop the negotiation skills necessary to meet the challenges of global health diplomacy. It is filled with wise advice and invaluable tools for success." Professor Jeswald W. Salacuse, The Fletcher School of Law and Diplomacy, Tufts University