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Public Health At Risk: A Us Free Trade Agreement Could Threaten Access To Medicines In Thailand, Jakkrit Kuanpoth, Gawain Kripke, Stephanie Weinberg Jan 2006

Public Health At Risk: A Us Free Trade Agreement Could Threaten Access To Medicines In Thailand, Jakkrit Kuanpoth, Gawain Kripke, Stephanie Weinberg

Faculty of Law - Papers (Archive)

Even though the world faces the threat of potential new epidemics like avian influenza, the effects of trade rules on public health attract little attention. Governments recently reaffirmed their commitment to meet the Millennium Development Goals which include combating HIV/AIDS, malaria and other major diseases, yet little attention is given to the implications of United States Free Trade Agreements (US FTAs) with developing countries such as Thailand, for access to affordable medicines to treat those diseases. These FTAs do much more than regulate tariffs for cross-border trade in goods and services: they change the rules of intellectual property protection in …


Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth Jan 2006

Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth

Faculty of Law - Papers (Archive)

Thailandhas proved that a well-fund, politically-supported public policy could be effective in preventing the spread of HIV/AIDS on a national scale. It is currently facing increased pressure to accept higher standards of intellectual property (IP) protection (the so-called TRIPS-Plus) under bilateral free trade agreements (FTA) proposed by theUnited States. The proposed US FTA threatens to restrict the measures the country can take to pursue affordable drugs, and will affect ability ofThailandto continue its successful ARV treatment and other healthcare programmes. The paper argues that the TRIPS-Plus regime generates a negative impact on poor people’s access to medicines, and the ARV …


Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett Jan 2006

Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett

Faculty of Law - Papers (Archive)

The ancient common law public right to fish has had increasing resonance since 2001 when the High Court in Yarmirr denied the existence of asserted exclusive offshore native title rights in large part because of the “fundamental inconsistency” between them and the public right to fish. The Yarmirr decision also established that non-exclusive offshore native title rights must be consistent with the public right. This creates the potential for litigation where it is asserted that actions of native title holders have infringed the public right or where recreational anglers purportedly exercising the public right in an area subject to a …


Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff Jan 2006

Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff

Faculty of Law - Papers (Archive)

This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.


Covert Disclosures: Unauthorised Leaking, Public Officials And The Public, Kathryn Flynn Jan 2006

Covert Disclosures: Unauthorised Leaking, Public Officials And The Public, Kathryn Flynn

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper highlights the role of unofficial sources—unauthorized “leakers”—in the public sector and their contribution to investigative journalism and to a lesser extent to routine news production. Unauthorized sources do not enjoy the ease of access to journalists, the economic resources, the human resources, nor the legitimacy conferred on official sources. Interviews conducted with journalists and sources show that at times these barriers have been overcome through the establishment of relationships of trust based on the confidentiality of the identity of the source and through careful cross-checking by journalists of information supplied by leakers.