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Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines / LOWRI DAVIES

Swansea University Author: LOWRI, DAVIES

DOI (Published version): 10.23889/Suthesis.55173

Abstract

This research is focused on the complexity of two distinct legal frameworks, the World Trade Organization and the United Nations human rights systems, which converge on the issue of enhancing effective access to medicines for all. This research explores the intellectual property rules specifically i...

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Published: 2020
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
Supervisor: Quane, Helen ; Davies, Arwel
URI: https://cronfa.swan.ac.uk/Record/cronfa55173
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Abstract: This research is focused on the complexity of two distinct legal frameworks, the World Trade Organization and the United Nations human rights systems, which converge on the issue of enhancing effective access to medicines for all. This research explores the intellectual property rules specifically in relation to patents, set out in the Agreement on Trade-Related Aspects of Intellectual Property Rights, administered by the World Trade Organization, for the purpose of understanding how these legal norms impact upon securing access to medicines. Measures intended to enhance access to medicines within this framework will also be explored in order to evaluate their effectiveness. This research also explores whether the issue of access to medicines can be considered within the context of a human right, through an examination of the UN human right systems, specifically in relation to the right to the highest attainable standard of physical and mental health under Article 12 of the International Covenant on Economic, Social and Cultural Rights. An analysis of the interpretation of this right will be undertaken, and an examination of the work of the UN human rights bodies to advance access to medicines will also be explored, in order to further understanding on the status of access to medicines within this framework. The purpose of this research is to highlight factors which may impede access to medicines and also potential factors for consideration when proposing solutions to this global concern. In order to further understanding of specific issues that impact on patients, two country case studies are also undertaken, to examine whether key themes emanating from earlier chapters are evident, and to provide insights into the challenges experienced at national level, as well as good practices that could help to inform policy at international level, for the purpose of enhancing access to medicines for all.
College: Hillary Rodham Clinton School of Law