developing countries

BUYING BACK THE RIGHT TO HEALTH: LEGAL AND POLICY FRAMEWORK FOR FACILITATING ACCESS TO ESSENTIAL MEDICINES IN DEVELOPING COUNTRIES

Tanvi Mani*

ABSTRACT

The concept of public healthcare has perennially involved the institution of measures that are necessary for the prevention of large scale epidemics. This preventive approach embodies principles of sanitation, water purification and more recently vaccination. However, the advent of new strains of viruses and an unprecedented increase in the susceptible population has expanded the ambit of primary healthcare to include effective treatment. Especially in developing countries, treatment through affordable medicines is considered fundamental to the achievement of public health goals. Thus, there exists a humanitarian obligation on the international community and the respective governments of nations, to provide effective medication to those who cannot afford it, in the larger interest of maintaining a sense of equity in the sustenance of human life. This paper analyses relevant international treaties and domestic judicial interventions that could effectuate positive change in the formulation of international trade and intellectual property policies, with regard to healthcare, at national as well as an supranational levels. The paper argues for the transfer of the decision making powers, with regard to the distribution of drugs, from the private pharmaceutical industry to the governments of countries. This, it argues, would result in a shift in prioritization from profit making motives, to the universal realization of the right to health.

Keywords: Healthcare, intellectual property, human rights


* Tanvi Mani is of the School of Law, The WB National University of Juridical Sciences (NUJS), Kolkota, India. Email: tanvi2493@gmail.com, Tel: +91 8420285425.

DEVELOPING COUNTRIES AND THE WTO DISPUTE RESOLUTION SYSTEM: A LEGAL ASSESSMENT AND REVIEW

Linimose Nzeriuno Anyiwe * and Eghosa Osa Ekhator**

ABSTRACT

The aim of this paper is to review and analyse the WTO procedures and rules designed to resolve developing countries disputes. The Dispute Settlement Understanding (DSU) of the World Trade Organization is generally considered as providing innovative set of rules through which countries could address and resolve trade disputes amongst themselves. The DSU also establishes an Advisory Centre, which seeks to assist developing countries to resolve trade disputes. Despite these innovations, opinions are divided on the practical effectiveness of the DSU and the Advisory Centre, particularly with respect to resolving disputes involving developing countries. In this paper, we shall examine the practical effectiveness of DSU and the roles of the Advisory Centre in the dispute resolution processes involving developing countries. Drawing examples from previous disputes, some practical challenges and constraints with the current procedures faced by developing countries are identified and discussed; they are: lack of expertise, inability to enforce WTO rulings, reluctance to institute trade disputes and economic pressure applied by developed countries on developing countries in trade disputes amongst others. Addressing these challenges are critical to the overall success of the DSU. This paper calls for a review of the DSU to incorporate the reforms enunciated by various stakeholders to the WTO.


* Linimose Nzeriuno Anyiwe LL.B (Benin), LL.M (University of Central Lancashire)

** Eghosa Osa Ekhator LL.B (Benin), LL.M (Hull), PhD Candidate at the Law School, University of Hull, eghosaekhator@gmail.com. Corresponding author