Human Rights and the WTO: The Case of Patents and Access to Medicines (International Economic Law Series) pdf epub fb2

Human Rights and the WTO: The Case of Patents and Access to Medicines (International Economic Law Series) by Holger Hestermeyer pdf epub fb2 djvu

Author: Holger Hestermeyer
Title: Human Rights and the WTO: The Case of Patents and Access to Medicines (International Economic Law Series)
ISBN: 0199552177
ISBN13: 978-0199552177
Other Formats: lrf mobi rtf lit
Pages: 416 pages
Publisher: Oxford University Press; 1 edition (September 15, 2008)
Language: English
Size PDF version: 1552 kb
Size EPUB version: 1669 kb
Category: Law
Subcategory: Intellectual Property

The international trading system has come under increasing attack by activists as being in conflict with human rights law. Others have defended the system as contributing more to the fulfillment of human rights than many other areas of international law. This study examines the alleged conflict of WTO law with international human rights law, using one of the most prominent examples of such a conflict: that between international patent law, ie the TRIPS Agreement, and access to medication as guaranteed eg by the International Covenant on Economic, Social and Cultural Rights. This highly controversial political issue of the appropriate use of international patent law on life saving medicines gained the world's attention during the discussion about the price of AIDS medication, but recent instances also include the availability of the patented medication for bird flu and for anthrax. The book discusses both the patent law and the international human rights law involved in great depth, distinguishing between obligations under different human rights instruments and including a highly readable introduction into both areas of law. It then explains the concept of conflict between legal regimes and why patent law and human rights law are in conflict. The current state of international law on the conflict between legal regimes and the origin of such conflicts is analyzed, covering such issues as hierarchy in international law and introducing the concept of 'factual hierarchy'. The book then turns to the role of human rights law in the WTO system, concluding that such law currently is limited to aiding the interpreting of the WTO agreements. It shows how a further integration of human rights law could be achieved and describes the progress made towards accommodating human rights concerns within the TRIPS Agreement, culminating in the first ever decision to amend a core WTO Agreement in December 2005.

Related PDF EPUB FB2 books to Human Rights and the WTO: The Case of Patents and Access to Medicines (International Economic Law Series) by Holger Hestermeyer
The Human Rights of Women: International Instruments and African Experience ...
The Human Rights of Women: International Instruments and African Experience ...
Hierarchy in International Law: The Place of Human Rights
Hierarchy in International Law: The Place of Human Rights
Remedies in International Human Rights Law
Remedies in International Human Rights Law
Indigenous Peoples and Human Rights
Indigenous Peoples and Human Rights
The International Covenant on Civil and Political Rights and Its First Opti ...
The International Covenant on Civil and Political Rights and Its First Opti ...
Human Rights and the WTO: The Case of Patents and Access to Medicines (Inte ...
Human Rights and the WTO: The Case of Patents and Access to Medicines (Inte ...
When the State no Longer Kills: International Human Rights Norms and Abolit ...
When the State no Longer Kills: International Human Rights Norms and Abolit ...
Enforcing International Human Rights Law:The UN Treaty System in the 21st C ...
Enforcing International Human Rights Law:The UN Treaty System in the 21st C ...
The International Law on the Rights of the Child (International Studies in ...
The International Law on the Rights of the Child (International Studies in  ...
Human Rights in International Relations (Themes in International Relations)
Human Rights in International Relations (Themes in International Relations)
Human Rights: International Protection, Monitoring, Enforcement
Human Rights: International Protection, Monitoring, Enforcement
Health Rights (The International Library of Essays on Rights)
Health Rights (The International Library of Essays on Rights)