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Full-Text Articles in Law
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Jonathan R. Cohen
No abstract provided.
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen
Jonathan R. Cohen
No abstract provided.
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan
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 …
Pharmaceutical Patents And The Human Right To Health The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer
Pharmaceutical Patents And The Human Right To Health The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer
Faculty Scholarship
Disputes over the regulation of access to medicines are occurring in multiple transnational, national, and local venues. Competing groups of states and non-state actors shift horizontally and vertically among these forums in an effort to develop competing legal rules over the propriety of granting intellectual property (IP) protection to newly developed life-saving drugs. This chapter applies the framework of Transnational Legal Orders (Terence C. Halliday & Gregory Shaffer, eds. 2015) to explain the origins of these controversies and their consequences. The chapter argues that the current state of affairs arose from a clash between two previously discrete TLOs—one relating to …
The Impact Of Law On The Right To Water And Adding Normative Change To The Global Agenda, Michael Ulrich
The Impact Of Law On The Right To Water And Adding Normative Change To The Global Agenda, Michael Ulrich
Faculty Scholarship
A resolution was passed at the United Nations Water Conference in 1977 to achieve universal access to sufficient water by 1990. This bar was lowered significantly as part of the Millennium Development Goals (MDGs). However, as the MDGs come to an end this year, even this reduced benchmark will not be reached. Water is inescapably intertwined with every other MDG, as well as the ability to exercise any human right. Consequently, the failure to achieve this goal implores an exploration of its causes. As the global community embarks on setting a new post-MDG agenda, one currently overlooked aspect is the …