نُرم‌های غیررسمی در حکمرانی جهانی: حقوق بشر، قوانین مالکیت فکری و دسترسی به داروها

Hein and Moon take up a serious problem of contemporary global governance: what can be done when international trade rules prevent the realization of basic human rights? Starting in the 1990s, intellectual property obligations in trade agreements required many developing countries to begin granting medicines patents, which often rendered lifesaving drugs unaffordable. At stake was the question of what priority would be given to health-particularly of some of the world’s poorest people-and what priority to economic interests, particularly those of the most powerful states and firms. This book recounts the remarkable story of the access to medicines movement. The authors offer an explanation for how the informal, but powerful norm that every person should have access to essential medicines emerged after a decade of heated political contestation and against long odds. They also explore the stability and scope of the norm. Finally, the book examines the limitations of informal norms for protecting human rights, and when renewed focus on changing formal norms is warranted. Integrating newcomers and minorities into the social fabric of receiving countries has become one of the crucial challenges of contemporary Western societies. This volume seeks to understand patterns of changing institutional practices and public policies where the challenges of including cultural diversity into the social fabric are most pronounced: namely the health care system. In recent years, pro-migrant organizations and anti-racist activists have repeatedly voiced and politicized demands to improve migrants'access to the health-care system giving rise to a lively debate about migrants'access to health-care and responsiveness of institutions to their needs. In a nutshell the book achieves the following: - Provides a conceptual framework to link patterns of political advocacy/mobilization and processes of migrants'socio-political inclusion - Integrates the (multi-disciplinary) literature on political mobilization and accommodating cultural diversity in an innovative fashion - Presents a comparative study on accommodating diversity in the health care system from a comparative transatlantic perspective - Generates insight into best practices in the health care system that will be of interest to scholars as well as practitioners in the field. The analysis of health care provision offers an opportunity to test new public policy strategies and the policy consequences of the now widespread aspiration to include citizens more fully in designing and implementing them. The increasing emergence, re-emergence, and spread of deadly infectious diseases which pose health, economic, security and ethical challenges for states and people around the world, has given rise to an important global debate. The actual or potential burden of infectious diseases is sometimes so great that governments treat them as threats to national security. However, such treatment potentially increases the risk that emergency disease-control measures will be ineffective, counterproductive and/or unjust. Research on ethical issues associated with infectious disease is a relatively new and rapidly growing area of academic inquiry, as is research on infectious diseases within the field of security studies. This volume incorporates ethical and security perspectives, thus furthering research in both fields. Its unique focus on the intersection of ethical and security dimensions will, furthermore, generate fresh insights on how governments should respond to infectious disease challenges. Readers should include professionals and scholars working in infectious disease, epidemiology, public health, health law, health economics, public policy, bioethics, medical humanities, health and human rights, social/political philosophy, security studies, and international politics. Successive South African governments have had controversial views on HIV and AIDS which have led to allegations that South Africa is in a state of denial about the AIDS epidemic. This book attempts to determine the validity of such claims of government denial by formulating and testing a denial hypothesis.The hypothesis is contextualized with an overview of the South African epidemic as well as a review of allegations of government denial. It reveals possible political factors that may motivate policy-makers to resort to official denial and tentatively concludes with a confirmation of the allegations contained in the denial hypothesis. However, this is done within the broader notion that denial is inherently vague and couched in language (rarely in writing) and therefore difficult to test with certainty and as such this book's real value lies in the insights gained into the complex politics of denial. By exploring the dynamics of denial and denialism and applying this to the South African AIDS epidemic, this study provides a comprehensive analysis. Contents......Page 6 List of Figures and Tables......Page 10 Foreword......Page 12 Preface......Page 14 List of Abbreviations......Page 16 Chapter 1 Introduction......Page 20 Chapter 2 Towards a Global Society......Page 34 Chapter 3 Access to Medicines: A Matter of Human Rights......Page 64 Chapter 4 Access to Medicines and Intellectual Property......Page 74 Chapter 5 The HIV/AIDS Crisis: The Rise of the Access Norm......Page 86 Chapter 6 Beyond HIV in Africa: Solidification and Expansion of the Access Norm......Page 126 Chapter 7 Challenges to the Stability of Informal Norms......Page 150 Chapter 8 Re-framing the Access Norm: Incorporating Innovation......Page 162 Chapter 9 The Impact of Non-state Actors on Informal Norms: Nodal Governance and Global Democracy......Page 178 Chapter 10 Conclusions......Page 200 Annex 1 The 2001 WTO Doha Declaration on TRIPS and Public Health......Page 212 Annex 2 Timeline of Key Events......Page 214 References......Page 218 Index......Page 250 Introduction; The South African Aids Epidemic -- Developing A Theory Of Government Aids Denial -- Part I A History Of The Official Response -- Past Is Prologue: Apartheid Responses To Aids -- The Mandela Government's Response To Aids -- The Two Mbeki Governments' Responses To Aids -- Part Ii Making Sense Of Aids Denial -- Classic Official Denial -- Counter-offensive Denial And Partial Acknowledgement -- The Politics Of Denial -- Conclusion. By Pieter Fourie And Melissa Meyer. Includes Bibliographical References And Index. This book provides a fresh, multidisciplinary, and exciting look at the making and remaking of pharmaceutical patents at the GATT/WTO, by utilising a Coxian political economy of continuity and change in the global political economy (GPE). Marcellin focuses on the role of the transnational drug industry in the making of the patent provisions in the original TRIPS Agreement and consequently, the role of the African Group at the WTO in the remaking of those patent provisions. A fresh, multidisciplinary and exciting look at the making and remaking of pharmaceutical patents at the GAT/WTO, utilizing a Coxian political economy of continuity and change in the global political economy (GPE). Marcellin addresses the role of the transnational drug industry in the making of the patent provisions in the original TRIPS Agreement, and consequently the role of the African Group at the WTO in the remaking of patent provisions The controversial views on HIV and AIDS held by successive South African governments have led to allegations that the country is in a state of denial about the AIDS epidemic. This study addresses these claims through an overview of the South African epidemic, providing a comprehensive analysis of the complex politics of AIDS denialism.