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Articles 781 - 810 of 883

Full-Text Articles in Health Law and Policy

The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn Jan 2005

The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn

Sustainable Development Law & Policy

No abstract provided.

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Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii Jan 2005

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii

Scholarly Articles

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks - foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced - and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics - attainment …

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International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu Jan 2005

International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu

American University International Law Review

No abstract provided.

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Editors' Note, Kelly Rain, Kirk Herbertson Jan 2005

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

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The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa Jan 2005

The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.

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The Millennium Development Goals And Hiv/Aids, J.C. Sylvan Jan 2005

The Millennium Development Goals And Hiv/Aids, J.C. Sylvan

Sustainable Development Law & Policy

No abstract provided.

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World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner Jan 2005

World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner

Sustainable Development Law & Policy

No abstract provided.

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How Necessity May Preclude State Responsibility For Compulsory Licensing Under The Trips Agreement, James T. Gathii Jan 2005

How Necessity May Preclude State Responsibility For Compulsory Licensing Under The Trips Agreement, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

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From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler Jan 2005

From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler

Articles by Maurer Faculty

In May 2005, the World Health Organization adopted the new International Health Regulations (IHR), which constitute one of the most radical and far-reaching changes to international law on public health since the beginning of international health cooperation in the mid-nineteenth century. This article comprehensively analyses the new IHR by examining the history of international law on infectious disease control, the IHR revision process, the substantive changes contained in the new IHR and concerns regarding the future of the new IHR. The article demonstrates why the new IHR constitute a seminal event in the relationship between international law and public health …

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Constitutionalizing Tobacco: The Ambivalence Of European Federalism, Fernanda Nicola Jan 2005

Constitutionalizing Tobacco: The Ambivalence Of European Federalism, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

The Treaty Establishing the European Community announces in EC TREATY art. 5.1. the principle that the powers of the European Community are limited to those specifically conferred on it. However, experience and judicial interpretation have shown that, in practice, the allocation of power between the Community decision maker and Member States is neither clear nor immutable. In its Treaty Establishing a Constitution for Europe, the Community attempts to clarify the allocation of competences. Article III-278 of the Draft E.U. Constitution (Public Health Article) is a public health provision that expressly refers to the regulation of tobacco. To many, the Public …

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Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe Oct 2004

Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe

LLM Theses

The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …

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Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff Aug 2004

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.

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A Deadly Dilemma: The Failure Of Nations' Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins Jul 2004

A Deadly Dilemma: The Failure Of Nations' Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins

ExpressO

All countries throughout the world vary in the way they procure organs, but they all have one thing in common: there is a fatal organ shortage because all the systems countries have imposed have failed. No procurement system in the world has been successful. Therefore, new procurement systems need to be implemented and tested, particularly financial incentives or a regulated organ market, to remedy these unnecessary and preventable deaths. This paper will explore the failures of current organ procurement systems as well as alternative reform systems. Part II provides a brief overview of the history of organ transplantation. Part III …

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Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir Apr 2004

Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir

Cornell Law School Inter-University Graduate Student Conference Papers

In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …

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Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics And Global Trade, Uche Ewelukwa Apr 2004

Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics And Global Trade, Uche Ewelukwa

ExpressO

No abstract provided.

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Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson Mar 2004

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.

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Curbing Reliance On Abortion In Russia, Meghan Stewart Jan 2004

Curbing Reliance On Abortion In Russia, Meghan Stewart

Human Rights Brief

No abstract provided.

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Access To Health, Natalie Huls Jan 2004

Access To Health, Natalie Huls

Human Rights & Human Welfare

Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.

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The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable Jan 2004

The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable

Georgetown Law Faculty Publications and Other Works

This Article examines the human rights of persons with mental disabilities and the application and development of these rights by the various international and regional systems that have been established to protect human rights. An international system of human rights with universal application has been developed under the auspices of the United Nations. Regional human rights systems have applied additional human rights protections to their respective geographic regions. Both the international and regional systems have addressed the human rights of persons with mental disabilities through treaties, declarations, and thematic resolutions. Moreover, regional institutions have incrementally formulated a body of law …

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Children’S Health And Human Rights, Norie Nogami Jan 2004

Children’S Health And Human Rights, Norie Nogami

Human Rights & Human Welfare

One of the first international attempts to improve the health of children was by Ms.Eglantyne Jebb, a founder of Save the Children, during the aftermath of the WWI. She drafted the Geneva Declaration of the Rights of the Child, the first international children’s rights document adopted by the League of Nations in 1924. Today, in the Convention on the Rights of the Child (1989) we have a more comprehensive and near universal legal instrument for children’s rights.

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Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker Dec 2003

Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker

ExpressO

This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries …

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Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem May 2003

Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem

San Diego International Law Journal

This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …

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Comparative And International Health Law, Timothy Stoltzfus Jost Jan 2003

Comparative And International Health Law, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

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The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus Jan 2003

The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus

Northwestern Journal of International Law & Business

The purpose of this paper is to refute Ms. Sarah Lively's article, the ABCs and NTBS of GMOs, detailing the reasons why the E.U. legislation is not in harmony with the WTO agreements. This paper will argue that if a WTO dispute settlement body were to decide upon the validity of the current European GMO regime, it would strike down the regulation as contrary to the WTO agreements signed by the European Union and the United States. The European Union's four year moratorium on GMOs continues to be one of the most hotly-contested trade issues facing it and the United …

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Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler Jan 2003

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley Jan 2003

Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley

Faculty Articles

This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …

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The Global Reach Of Hiv/Aids: Science, Politics, Economics, And Research, Lawrence O. Gostin Jan 2003

The Global Reach Of Hiv/Aids: Science, Politics, Economics, And Research, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This Article examines the major social, political, economic, and ethical issues involved in the global HIV pandemic. First, it examines the steps needed to prevent and treat HIV effectively and examines why many leaders have not responded more forcefully. This Part discusses the intangible, but crucial, aspect of political will. Second, this Article looks at the divisive issue of drugs, patents, and international trade law. Highly developed countries usually want to uphold the patent system to protect the proprietary interests of drug companies, which keeps the price of HIV/AIDS drugs high, placing them out of the reach of resource-poor countries. …

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All My Rights, Carl E. Schneider Jul 2002

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …

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Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane Jan 2002

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

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Introduction To Written Symposium On Public Health And International Law, David P. Fidler Jan 2002

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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