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Articles 1 - 5 of 5
Full-Text Articles in Law
Reconciling International Obligations To Protect Health And Trademarks: A Defense Of Trademarks As Property, Sam Halabi
Reconciling International Obligations To Protect Health And Trademarks: A Defense Of Trademarks As Property, Sam Halabi
Sam Halabi
This chapter explores the growing confrontation between international investment and trade rules and measures adopted by governments to protect their populations from deceptive or misleading trademarks. it argues that, in contrast to prevailing wisdom, that a property analogy for trademarks is beneficial for purposes of reconciling these bodies of law as the analogy between free speech and trademarks is likely to be far more constraining for public health measures.
Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi
Sam Halabi
Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.
Selling Hospice, Sam Halabi
Selling Hospice, Sam Halabi
Sam Halabi
Americans are increasingly turning to hospice services to provide them with medical care, pain management, and emotional support at the end of life. The increase in the rates of hospice utilization is explained by a number of factors including a “hospice movement” dating to the 1970s which emphasized hospice as a tool to promote dignity for the terminally ill; coverage of hospice services by Medicare beginning in 1983; and, the market for hospice services provision, sustained almost entirely by governmental reimbursement. On the one hand, the growing acceptance of hospice may be seen as a sign of trends giving substance …
Multipolarity, Intellectual Property And The Internationalization Of Public Health Law, Sam Halabi
Multipolarity, Intellectual Property And The Internationalization Of Public Health Law, Sam Halabi
Sam Halabi
This Article critically examines the proliferation of international legal agreements addressing global health threats like the outbreak of infectious diseases, tobacco use and lack of access to affordable medicines. The conventional wisdom behind this trend is that a global normative shift has occurred which has caused states to regard health as “special” and less subject to the normal rules of international law making because health threats endanger all of humanity. This Article challenges that thesis, arguing that at the same time the number and scope of international health law treaties has grown, developed states have subordinated health law to intellectual …
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi
Sam Halabi
Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …