scholarly journals Patents for Drugs and the Right to Development in International Law

2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Olasupo Ayodeji Owoeye
Keyword(s):  
International Law ◽  
National Development ◽  
Trade Agreements ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Trade Law ◽  
International Trade Law ◽  
Right To Development ◽  
The Right ◽  
Development Objectives

AbstractThis article explores the connection of health to human and socio-economic development and the protection of pharmaceutical patents. It examines the concept of development and the right to development in international law in the context of access to medicines and patents protection. The provisions of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS Agreement) that are significant to the pursuit of development are discussed. The article argues that there is a cognisable right to development in international law that is well recognised in international trade law and the pursuit of development should be duly taken into account in the negotiation and implementation of trade and IP agreements. The article highlights the potential danger in eroding the flexibilities in the TRIPS Agreement through the negotiation of free trade agreements and emphasises the need for IP and trade agreements to sufficiently accommodate and recognise legitimate measures genuinely taken to enhance national development. It is argued that developing countries should have a national IP implementation plan that can effectively enhance their human development objectives.

Due Diligence in International Trade Law

2020 ◽  
pp. 312-328
Author(s):  
Markus Krajewski
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Trade ◽  
Trade Agreements ◽  
Good Faith ◽  
Due Diligence ◽  
Trade Regime ◽  
International Trade Agreements ◽  
Trade Law ◽  
International Trade Law

This chapter assesses and analyses elements of due diligence in existing international trade agreements. It highlights due diligence obligations in this field, such as obligations to cooperate, to negotiate in good faith, or to notify about measures which could be harmful to other countries. The chapter also discusses elements applicable to the negotiation and implementation of trade agreements, especially with regard to the requirements of human rights and sustainable development impact assessments. The chapter argues that, even though due diligence is not a term of art in international trade law, it could be seen as a cornerstone of the international trade regime.

Sovereign Debt and the Right to Development

2018 ◽  
pp. 248-266
Author(s):  
Gail Hurley
Keyword(s):  
Sovereign Debt ◽  
Task Force ◽  
National Development ◽  
Country Ownership ◽  
Right To Development ◽  
Primary Responsibility ◽  
Development Policies ◽  
The Right ◽  
High Level ◽  
Regional Partnerships

The right to development is an over-arching, synthesis-based collective right that has found a solid place in the international human rights architecture. Under the UN Declaration on the Right to Development, States have the primary responsibility for establishing national and international conditions favourable to the realisation of the right to development. According to the high-level task force on the implementation of the right to development, this responsibility is at three levels: (a) States acting collectively in global and regional partnerships; (b) States acting individually as they adopt and implement policies that affect persons strictly not within their jurisdiction, and (c) States acting individually as they formulate national development policies and programmes affecting persons within their jurisdiction. The right to development also implies the full realisation of the right of peoples to self-determination. In many contexts, however, onerous debt service obligations and related conditionalities often undermine country ownership of national development strategies, thereby threatening the right to development.

23. International Investment Law

2018 ◽  
Author(s):  
Surya P Subedi
Keyword(s):  
International Trade ◽  
International Law ◽  
International Investment ◽  
International Regulation ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
Finance Law ◽  
Recent Trends ◽  
Investment Law

This chapter discusses the development and current state of international investment law, which encompasses international finance law, international trade law, international investment law, and regional economic trade agreements. Recent progressions in the area of international financial law, international trade law, and investment law demonstrate that other areas of international regulation have a decisive influence on international investment law. Moreover, international investment law is more increasingly focused on development concerns. International investment law is currently going through an exciting phase in its development. It has now become one of the fastest changing areas of international law with exciting and far-reaching implications for both investment-receiving and investment-exporting countries, thanks to enterprising claimants and innovative interpretations and expansive approaches adopted by international investment tribunals. This chapter seeks to capture the law and the recent trends in both State practice and jurisprudence in this area of international law.

The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels

2008 ◽  
Vol 1 (1) ◽  
Author(s):  
Bhupinder Chimni
Keyword(s):  
Human Rights ◽  
International Law ◽  
Technological Progress ◽  
International System ◽  
Social Constraints ◽  
International Human Rights ◽  
Right To Development ◽  
The Social ◽  
International Human ◽  
The Right

The Sen conception of `development as freedom' represents a departure from previous approaches to development that focused merely on growth rates or technological progress. Sen however fails to adequately address the social constraints that inhibit the realization of the goal of `development as freedom.' There is an interesting parallel here with developments in contemporary international law. While contemporary international law incorporates the idea of `development as freedom' in international human rights instruments, in particular the Declaration on the Right to Development, mainstream international law scholarship has like Sen failed to indicate the constraints in the international system that prevent its attainment. Since Sen is today among the foremost thinkers on the idea of development reviewing the parallels between his conception of development and mainstream international law scholarship is helpful as it offers insights into the limits of both.

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