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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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first_indexed 2020-09-14T16:01:03Z
last_indexed 2021-06-26T03:18:59Z
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spelling 2021-06-25T10:02:08.0324289 v2 55173 2020-09-14 Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines 3254cf5c4e259fcc197ccd9bc60571be LOWRI DAVIES LOWRI DAVIES true false 2020-09-14 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. E-Thesis 1 9 2020 2020-09-01 10.23889/Suthesis.55173 COLLEGE NANME COLLEGE CODE Swansea University Quane, Helen ; Davies, Arwel Doctoral Ph.D 2021-06-25T10:02:08.0324289 2020-09-14T16:55:33.3528646 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law LOWRI DAVIES 1 55173__18155__9a8db34122184b0081f1bd7729a81efc.pdf Davies_Lowri_PhD_Thesis_Final_Volume I_Signature_Redacted.pdf 2020-09-14T17:14:36.0832678 Output 1736172 application/pdf E-Thesis – open access true Volume I true English 55173__18156__f1c87aa1f5184e28a69e263e5102d326.pdf Davies_Lowri_PhD_Thesis_Final_Volume II.pdf 2020-09-14T17:15:20.1300481 Output 1570881 application/pdf E-Thesis – open access true Volume II true eng
title Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
spellingShingle Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
LOWRI DAVIES
title_short Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
title_full Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
title_fullStr Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
title_full_unstemmed Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
title_sort Bridging the gap between the distinct regulatory frameworks of international trade law and UN human rights law: Access to medicines
author_id_str_mv 3254cf5c4e259fcc197ccd9bc60571be
author_id_fullname_str_mv 3254cf5c4e259fcc197ccd9bc60571be_***_LOWRI DAVIES
author LOWRI DAVIES
author2 LOWRI DAVIES
format E-Thesis
publishDate 2020
institution Swansea University
doi_str_mv 10.23889/Suthesis.55173
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 1
active_str 0
description 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.
published_date 2020-09-01T04:09:12Z
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score 11.035634

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