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Winston P Nagan

Comparative and Foreign Law

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International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan Aug 2015

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan

Winston P Nagan

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …


The Emerging Restrictions Of Sovereign Immunity: Premptory Norms Of International Law, The Un Charter, And The Application Of Modern Communications Theory, Winston P. Nagan Feb 2012

The Emerging Restrictions Of Sovereign Immunity: Premptory Norms Of International Law, The Un Charter, And The Application Of Modern Communications Theory, Winston P. Nagan

Winston P Nagan

The article is titled The Emerging Restrictions on Sovereign Immunity: Peremptory Norms of International Law, the UN Charter, and the Application of Modern Communications Theory. The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the …


The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad Dec 2011

The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad

Winston P Nagan

This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …