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Conflict between Patents and Access to Medicine

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter starts by demonstrating in economic terms that pharmaceutical patents result in higher prices in developing countries, thus constituting a barrier to access to medicine in those ... More


Access to Medicine as a Human Right in the WTO Order

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins by discussing the extent to which human rights can be applied in WTO dispute settlement, finding that they can only be used as an aid to interpreting the ‘covered agreements’. It ... More


Development at the World Trade Organization

Sonia E. Rolland

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600885
eISBN:
9780191738364
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600885.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to ... More


“Developing Member” and Least-Developed Country Status at the GATT and WTO: Self-Designation versus the Politics of Accession

Sonia E. Rolland

in Development at the World Trade Organization

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600885
eISBN:
9780191738364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600885.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

Neither general international law nor the WTO legal system have a set definition of “developing country.” Members simply designate themselves as developing countries for purposes of particular WTO ... More


Extraterritorial Human Rights Duties

Sarah Joseph

in Blame it on the WTO?: A Human Rights Critique

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the issue of extraterritorial human rights obligations. It examines the extent to which States have duties to the people in other States. Such duties, if they exist, might ... More


Conclusion: Implications for Policy in South Africa and Beyond

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0008
Subject:
Law, Human Rights and Immigration

In order to render the doctrinal discussion more concrete, this concluding chapter considers some of the policy implications of the minimum core approach for the United States, the United Kingdom, ... More


Some Aspects of the Architecture of International Tax Reform (and Their Human Rights–Related Consequences)

Michael Lennard

in Tax, Inequality, and Human Rights

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.003.0010
Subject:
Law, Human Rights and Immigration

This chapter looks at how the international tax norm-setting mechanism may positively or negatively affect attainment of the Sustainable Development Goals and the achievement of human rights. It is ... More


Social Rights and Economics: Claims to Health Care and Education in Developing Countries 1

Varun Gauri

in Human Rights and Development: Towards Mutual Reinforcement

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199284627
eISBN:
9780191700316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284627.003.0005
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

This chapter describes the direct rights to health care and education services. It argues that the disagreements between a ‘rights-based’ and a development economics approach to social welfare are ... More


Tax and Human Rights: The Moral Valence of Entitlements to Tax, Sovereignty, and Collectives

Mitchell A. Kane

in Tax, Inequality, and Human Rights

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.003.0005
Subject:
Law, Human Rights and Immigration

This chapter assesses the rightful claims of developed and developing countries to portions of the “international tax base.” Existing revenue in developed country coffers and incremental revenue from ... More


Depression in the Developing World

Harry Minas

in Depression: Law and Ethics

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198801900
eISBN:
9780191840456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198801900.003.0017
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter provides an overview of what is known about prevalence, social determinants, treatment, and course and impact of depression in developing, or low- and middle-income, countries. The ... More


Structural Implications of Negative and Positive Paradigms

Aaron Xavier Fellmeth

in Paradigms of International Human Rights Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190611279
eISBN:
9780190611309
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190611279.003.0008
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Chapter 7 discusses the structural effects of the choice of paradigms. It begins by analyzing the appropriateness of each paradigm for different countries in a world of diverse political systems and ... More


The Argument of Democratic Capitalism

Arvind Sharma

in Are Human Rights Western?: A Contribution to the Dialogue of Civilizations

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195679489
eISBN:
9780199081714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195679489.003.0012
Subject:
Law, Human Rights and Immigration

This chapter examines the argument of democratic capitalism in light of the claim that human rights are Western. Human rights can be considered Western in a diagnostic sense, in the sense that they ... More


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