Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Africa (2)
- African Regional Integration (1)
- Authority (1)
- Business Actors and Courts (1)
- Civil Society Mobilization (1)
-
- East Africa (1)
- East African Court of Justice (1)
- Eli Lilly (1)
- Environmental law (1)
- Foreign direct investment (1)
- Human Rights (1)
- ISDS (1)
- Intellectual property rights (1)
- International Courts (1)
- International Law (1)
- International law (1)
- Investor-state (1)
- Judicial Lawmaking (1)
- Least Developed Countries (1)
- Patent (1)
- Plain package tobacco (1)
- Regional Integration (1)
- TRIPS (1)
- Trademark (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii
Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii
Faculty Publications & Other Works
This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
Faculty Publications & Other Works
This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …