The Surrender of Ntakirutimana Revisited

2000 ◽  
Vol 13 (2) ◽  
pp. 459-466 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
Ad Hoc ◽  
Former Yugoslavia ◽  
Court Of Appeals ◽  
War Criminals ◽  
The Us ◽  
The Creation ◽  
The One

The surrender of Elizaphan Ntakirutimana, suspected of having committed genocide, to the Rwanda Tribunal has again been the object of litigation in the US. After his surrender had initially been denied, the Court of Appeals for the Fifth Circuit has certified his surrender. This decision raised certain questions. On the one hand, it is fortunate that Ntakirutimana will stand trial before the Rwanda Tribunal. However, the assistance of the US with respect to future surrender of war criminals indicted by the Tribunals for the former Yugoslavia and Rwanda is by no means certain yet. A concurring and dissenting opinion attached to the decision illustrate that US Judges are still not overly convinced of the constitutionality of the US method of implementing the obligations arising out of the creation of these ad hoc Tribunals.

Case Analysis: To Cooperate or not to Cooperate?: The Case of the Failed Transfer of Ntakirutimana to the Rwanda Tribunal

1998 ◽  
Vol 11 (2) ◽  
pp. 383-395 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
United States ◽  
Ad Hoc ◽  
International Criminal ◽  
Case Analysis ◽  
The United States ◽  
Former Yugoslavia ◽  
Legal Assistance ◽  
International Criminal Tribunals ◽  
War Criminals ◽  
The Relationship

The relationship between national jurisdictions and the international criminal tribunals for the former Yugoslavia and Rwanda raises many problems. One of them concerns the surrender of indicted war criminals from national jurisdictions to the Ad Hoc Tribunals. Several obstacles stand in the way of effective surrender to the Ad Hoc Tribunals. This contribution focuses on the legal obstacles that may be encountered in this respect. By means of the case of the failed surrender of Ntakirutimana from the United States to the Rwanda Tribunal, it will be demonstrated that legal assistance to the Ad Hoc Tribunals is of a fundamental different nature than legal assistance offered to foreign tribunals.

scholarly journals Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 205-208
Author(s):  
Eyal Benvenisti ◽  
Sarah M.H. Nouwen
Keyword(s):  
Criminal Justice ◽  
Interest Groups ◽  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
The Creation

As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); the ad hoc tribunals’ jurisprudential contributions; and their extra-legal impacts and legacies. The concept of “legacy” is itself contested and the appropriateness of the courts’ own efforts to consolidate it may be questioned, especially as they have barely ended (or are about to end) their work. Nevertheless, their over two decades of existence does provide an occasion to assess all they have done and not done, and have affected, intentionally and unintentionally. Against that background, we have invited a group of scholars to respond to the AJIL Symposium and to reflect upon the work of the tribunals with a view to enriching the debate with more voices, from different regions, from different interest groups, and from different disciplines.

The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues
Keyword(s):  
Pharmaceutical Companies ◽  
Court Decisions ◽  
Patent Holder ◽  
Trial Court ◽  
Court Of Appeals ◽  
The Us ◽  
Antitrust Laws ◽  
Per Se ◽  
Appeals Court ◽  
Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

Avenues to Precision Oncology

2020 ◽  
pp. 36-45
Author(s):  
Alexander Meisel
Keyword(s):  
Precision Medicine ◽  
Trial Design ◽  
Ad Hoc ◽  
Molecular Targets ◽  
Clinical Trial Design ◽  
Predictive Biomarkers ◽  
Precision Oncology ◽  
Companion Diagnostics ◽  
Bona Fide ◽  
The One

Until recently, the clinical management of cancer heavily relied on anatomical and histopathological criteria, with ad hoc guidelines directing the therapeutic choices in specific indications. In the last years, the development and therapeutic implementation of novel anticancer therapies significantly improved the clinical outcome of cancer patients. Nonetheless, such cutting-edge approaches revealed the limitation of the one-size-fits-all paradigm. The newly discovered molecular targets can be exploited either as bona fide targets for subsequent drug development, or as tools to precision medicine, in the form of prognostic and/or predictive biomarkers. This article provides an overview of some of the most recent advances in precision medicine in oncology, with a focus on novel tissue-agnostic anticancer therapies. The definition and implementation of biomarkers and companion diagnostics in clinical trials and clinical practice are also discussed, as well as the changing landscape in clinical trial design.

From Start-Up to Scale-Up

2018 ◽  
Author(s):  
Gilles Duruflé ◽  
Thomas Hellmann ◽  
Karen Wilson
Keyword(s):  
United States ◽  
Conceptual Framework ◽  
Public Policies ◽  
Scale Up ◽  
The United States ◽  
Smart Money ◽  
Start Up ◽  
The Us ◽  
The Creation

This chapter examines the challenge for entrepreneurial companies of going beyond the start-up phase and growing into large successful companies. We examine the long-term financing of these so-called scale-up companies, focusing on the United States, Europe, and Canada. The chapter first provides a conceptual framework for understanding the challenges of financing scale-ups. It emphasizes the need for investors with deep pockets, for smart money, for investor networks, and for patient money. It then shows some data about the various aspects of financing scale-ups in the United States, Europe, and Canada, showing how Europe and Canada are lagging behind the US relatively more at the scale-up than the start-up stage. Finally, the chapter raises the question of long-term public policies for supporting the creation of a better scale-up environment.

The Image of the Hasmoneans: A New Perspective

2018 ◽  
Author(s):  
Vered Noam
Keyword(s):  
First Generation ◽  
Second Temple ◽  
The Other ◽  
Three Generations ◽  
The Creation ◽  
New Perspective ◽  
The One

In attempting to characterize Second Temple legends of the Hasmoneans, the concluding chapter identifies several distinct genres: fragments from Aramaic chronicles, priestly temple legends, Pharisaic legends, and theodicean legends explaining the fall of the Hasmonean dynasty. The chapter then examines, by generation, how Josephus on the one hand, and the rabbis on the other, reworked these embedded stories. The Josephan treatment aimed to reduce the hostility of the early traditions toward the Hasmoneans by imposing a contrasting accusatory framework that blames the Pharisees and justifies the Hasmonean ruler. The rabbinic treatment of the last three generations exemplifies the processes of rabbinization and the creation of archetypal figures. With respect to the first generation, the deliberate erasure of Judas Maccabeus’s name from the tradition of Nicanor’s defeat indicates that they chose to celebrate the Hasmonean victory but concealed its protagonists, the Maccabees, simply because no way was found to bring them into the rabbinic camp.

The Dilemma between Aligned Expectations and Diversity in Innovation

2018 ◽  
Author(s):  
Timur Ergen
Keyword(s):  
New Technologies ◽  
Historical Case ◽  
History Of Capitalism ◽  
Synthetic Fuel ◽  
The Us ◽  
History Of ◽  
The One ◽  
Technology Policies ◽  
Lock In ◽  
Innovation Processes

This chapter brings together arguments from economics, sociology, and political economy to show that innovation processes are characterized by a dilemma between the advantages of aligned expectations—including greater coordination and investment—and those of diversity, including superior openness to new technological possibilities. To illustrate the argument, the chapter discusses a historical case involving one of the largest coordinated peace-time attempts to hasten technological innovation in the history of capitalism, namely the US energy technology policies of the 1970s and 1980s. Close examination of the commercialization of photovoltaics and synthetic fuel initiatives illustrates both sides of the dilemma between shared versus diverse expectations in innovation: coordination but possible premature lock-in on the one hand, and openness but possible stagnation on the other. The chapter shows that even the exploration and interpretation of new technologies may be as much a product of focused investment as of trial-and-error search.

Historical Writing in the Balkans

2018 ◽  
Author(s):  
Ulf Brunnbauer
Keyword(s):  
Freedom Of Expression ◽  
The Other ◽  
Former Yugoslavia ◽  
Ethnic Cleansing ◽  
Historical Writing ◽  
The Balkans ◽  
Other Hand ◽  
Balkan Countries ◽  
The One ◽  
The Way

This chapter analyzes historiography in several Balkan countries, paying particular attention to the communist era on the one hand, and the post-1989–91 period on the other. When communists took power in Albania, Bulgaria, Romania, and Yugoslavia in 1944–5, the discipline of history in these countries—with the exception of Albania—had already been institutionalized. The communists initially set about radically changing the way history was written in order to construct a more ideologically suitable past. In 1989–91, communist dictatorships came to an end in Bulgaria, Romania, Yugoslavia, and Albania. Years of war and ethnic cleansing would ensue in the former Yugoslavia. These upheavals impacted on historiography in different ways: on the one hand, the end of communist dictatorship brought freedom of expression; on the other hand, the region faced economic displacement.

PP469 From Theory To Practice: Which Value Framework Is Applied For Onco-Hematology Therapies In Italy? A 5-year Retrospective Analysis

2020 ◽  
Vol 36 (S1) ◽  
pp. 37-37
Author(s):  
Americo Cicchetti ◽  
Rossella Di Bidino ◽  
Entela Xoxi ◽  
Irene Luccarini ◽  
Alessia Brigido
Keyword(s):  
Real World ◽  
Ad Hoc ◽  
Grey Literature ◽  
National Level ◽  
Pharmaceutical Products ◽  
European Medicines Agency ◽  
The Real ◽  
R Process ◽  
The One ◽  
The Impact

IntroductionDifferent value frameworks (VFs) have been proposed in order to translate available evidence on risk-benefit profiles of new treatments into Pricing & Reimbursement (P&R) decisions. However limited evidence is available on the impact of their implementation. It's relevant to distinguish among VFs proposed by scientific societies and providers, which usually are applicable to all treatments, and VFs elaborated by regulatory agencies and health technology assessment (HTA), which focused on specific therapeutic areas. Such heterogeneity in VFs has significant implications in terms of value dimension considered and criteria adopted to define or support a price decision.MethodsA literature research was conducted to identify already proposed or adopted VF for onco-hematology treatments. Both scientific and grey literature were investigated. Then, an ad hoc data collection was conducted for multiple myeloma; breast, prostate and urothelial cancer; and Non Small Cell Lung Cancer (NSCLC) therapies. Pharmaceutical products authorized by European Medicines Agency from January 2014 till December 2019 were identified. Primary sources of data were European Public Assessment Reports and P&R decision taken by the Italian Medicines Agency (AIFA) till September 2019.ResultsThe analysis allowed to define a taxonomy to distinguish categories of VF relevant to onco-hematological treatments. We identified the “real-world” VF that emerged given past P&R decisions taken at the Italian level. Data was collected both for clinical and economical outcomes/indicators, as well as decisions taken on innovativeness of therapies. Relevant differences emerge between the real world value framework and the one that should be applied given the normative framework of the Italian Health System.ConclusionsThe value framework that emerged from the analysis addressed issues of specific aspects of onco-hematological treatments which emerged during an ad hoc analysis conducted on treatment authorized in the last 5 years. The perspective adopted to elaborate the VF was the one of an HTA agency responsible for P&R decisions at a national level. Furthermore, comparing a real-world value framework with the one based on the general criteria defined by the national legislation, our analysis allowed identification of the most critical point of the current national P&R process in terms ofsustainability of current and future therapies as advance therapies and agnostic-tumor therapies.

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