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1.
Front Public Health ; 9: 765261, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34778192

RESUMO

Objective: To examine the possibility of estimating the number of civilian casualties in modern armed conflicts. Methods: A systematic review was conducted following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, using PubMed, Scopus, and Web of Science search engines. The outcome was analyzed using a qualitative inductive thematic analysis. The scientific evidence of selected article was assessed, using the Health Evidence Quality Assessment Tool. Findings: The review of 66 included articles in this study indicates that with an increasing number of public health emergencies and the lack of vital elements of life such as water and food, emerging armed conflicts seem to be inevitable. In contrast to military-led cross-border traditional wars, modern armed conflicts affect internally on local communities and take civilian lives. Consequently, the measures and tools used in traditional military-led cross-border wars to adequately tally wounded and dead for many decades under the mandates of the International Humanitarian Law, is insufficient for modern warfare. While casualty counting during modern conflicts is deficient due to organizational, political or strategic reasons, the international organizations responsible for collecting such data (the International Federation of Red Cross and Red Crescent and International Institute of Humanitarian Law) face difficulties to access the conflict scene, resulting in under-reported, unreliable or no-reported data. Conclusion: There are challenges in estimating and counting the number of civilian casualties in modern warfare. Although the global need for such data is evident, the risks and barriers to obtaining such data should be recognized, and the need for new international involvement in future armed conflicts should be emphasized.


Assuntos
Conflitos Armados , Militares , Emergências , Humanos , Direito Internacional , Guerra
2.
Torture ; 31(1): 19-36, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34606475

RESUMO

BACKGROUND: International law prohibits threats made by state officials when amounting to torture or other forms of ill-treatment (hereafter "ill-treatment"). Yet, there remains a pressing need to better distinguish in practice the threatening acts which amount to torture or illtreatment (and as prohibited) from acts which fall short. Responding to this need, this article reviews the literature and offers a discussion towards functionally conceptualising and, in turn, qualifying threats as torture or ill-treatment. METHOD: Following a systematic full-text search of databases with the relevant Englishlanguage keywords, journal articles, NGO reports, case-law and UN documents were selected based on their relevance for conceptual, evidentiary and legal critique of threatsas- torture. DISCUSSION: Prevailing legal reasoning around threats-as-torture centres on the words "real, credible and immediate", with inadequate explication as to their application. To this end, this article proposes that an assessment of the perception of practice and proximity of state authorities to harm could be used to help qualify threats as "real, credible and immediate" and therefore torturous.


Assuntos
Tortura , Humanos , Direito Internacional , Percepção
3.
Wiad Lek ; 74(5): 1222-1228, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34090295

RESUMO

OBJECTIVE: The aim: Conducting a comprehensive analysis on ensuring the mechanism of state regulation of the development of medical emergency response as an element of the civil protection system of Ukraine in the context of dynamic changes of external and internal factors of its functioning. PATIENTS AND METHODS: Materials and methods: The data of the state statistical reporting for the period 2010-2019 and the legislative acts of Ukraine on medical emergency response were used as the materials of study. Bibiliosemantic and statistical method and the method of structural-and-logical analysis were applied in the course of study. CONCLUSION: Conclusions: The sustainable socio-economic development of Ukraine should be accompanied by the formation of a safe environment for the society and each individual, guaranteeing an acceptable level of risk and a modern security system based on the principles of international law. The high degree of the Ukrainian industry concentration is currently in a conflict with the low technological discipline of production, which creates objective preconditions for the growth of man-made and technologically-environmental disasters, catastrophes, and other emergencies. Outbreaks of particularly dangerous and infectious diseases, which are of concern not only because of their prevalence but also because of the potential danger to the health of the nation, its economy and international reputation of the state can pose a significant threat to the socio-political and socioeconomic stability of the state. Ukraine is a potentially vulnerable area for epidemics due to a number of natural, geographical and geopolitical factors. Therefore, the health consequences (real and potential) of any emergency are certainly a threat to the national security of Ukraine both directly and due to the extremely negative impact on the socio-economic, socio-political and psychological conditions of the population. Increasing the level of public administration for medical emergency response will increase the effectiveness of emergency response measures.


Assuntos
Desastres , Emergências , Serviço Hospitalar de Emergência , Humanos , Direito Internacional , Ucrânia
5.
BMC Public Health ; 21(1): 490, 2021 03 11.
Artigo em Inglês | MEDLINE | ID: mdl-33706726

RESUMO

BACKGROUND: It is now 25 years since the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the same concerns raised during its negotiations such as high prices of medicines, market exclusivity and delayed market entry for generics remain relevant as highlighted recently by the Ebola and COVID-19 pandemics. The World Health Organization's (WHO) mandate to work on the interface between intellectual property, innovation and access to medicine has been continually reinforced and extended to include providing support to countries on the implementation of TRIPS flexibilities in collaboration with stakeholders. This study analyses the role of intellectual property on access to medicines in the African Region. METHODS: We analyze patent data from the African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Propriété Intellectuelle (OAPI) to provide a situational analysis of patenting activity and trends. We also review legislation to assess how TRIPS flexibilities are implemented in countries. RESULTS: Patenting was low for African countries. Only South Africa and Cameroon appeared in the list of top ten originator countries for ARIPO and OAPI respectively. Main diseases covered by African patents were HIV/AIDS, cardiovascular diseases, cancers and tumors. Majority countries have legislation allowing for compulsory licensing and parallel importation of medicines, while the least legislated flexibilities were explicit exemption of pharmaceutical products from patentable subject matter, new or second use of patented pharmaceutical products, imposition of limits to patent term extension and test data protection. Thirty-nine countries have applied TRIPS flexibilities, with the most common being compulsory licensing and least developed country transition provisions. CONCLUSIONS: Opportunities exist for WHO to work with ARIPO and OAPI to support countries in reviewing their legislation to be more responsive to public health needs.


Assuntos
COVID-19/prevenção & controle , Comércio/legislação & jurisprudência , Acesso aos Serviços de Saúde/economia , Acesso aos Serviços de Saúde/legislação & jurisprudência , Propriedade Intelectual , Patentes como Assunto , África , Comércio/história , Países em Desenvolvimento , História do Século XX , Humanos , Direito Internacional , Saúde Pública/legislação & jurisprudência , Organização Mundial da Saúde
6.
Int J Law Psychiatry ; 76: 101682, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-33740551

RESUMO

This article analyzes the ruling in al-Qahtani v. Trump which establishes a new legal mechanism for Guantanamo detainees being held in indefinite detention to receive independent psychiatric evaluations from mixed medical commissions in order to determine eligibility for repatriation on humanitarian grounds. The article first reviews how the U.S. government created a legal framework for Global War on Terror detainees that differs from established conventions under international humanitarian law to protect prisoners of war. It discusses the circumstances of a Guantanamo detainee named Mohammed al-Qahtani who was tortured in U.S. custody, according to Guantanamo's top official. The U.S. government has declined to refer legal charges against him but also refused to release him since he has been considered a threat to U.S. national security. The article analyzes how al-Qahtani's attorneys challenged the legality of his detention and referred to an independent psychiatric evaluation played to establish the legal basis for "irreparable harm." al-Qahtani's independent psychiatric evaluation asserted that he displayed symptoms consistent with those exhibited by survivors of torture. Legally, the ruling establishes a precedent for Guantanamo detainees who are being held in indefinite detention to compel the U.S. government to clarify their legal status or arrange an examination by a mixed medical commission. Twenty-two other detainees out of the forty still at Guantanamo fall in this legal category, so the precedent has far-reaching consequences. Finally, the prospect of mixed medical commissions composed of international experts who are collaborating to render a medical opinion raises questions about how independent psychiatric evaluations would be conducted in practice.


Assuntos
Prisioneiros , Tortura , Humanos , Direito Internacional , Advogados , Masculino , Saúde Mental
7.
Med Sci Law ; 61(1_suppl): 62-66, 2021 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-33591870

RESUMO

Monozygotic twins, also known as monovular twins, share an identical genetic heritage because they are two individuals who derive from the same zygote. For this reason, they have been considered indistinguishable. They represent a limit for the application of markers and analytical methods that are routinely used in forensic science because analyses of DNA fragments (short tandem repeats analysed by capillary electrophoresis) are unable to distinguish monozygotic twins. The recent introduction of ultra-deep next generation sequencing in forensic genetics, also known as massively parallel sequencing, has made it possible to identify a number of genetic variations through genome sequencing (such as copy number variations, single nucleotide polymorphisms and DNA methylation) that make it possible to distinguish monozygotic twins. Here, we present a case of ascertaining biological paternity, in which the alleged father had a monozygotic twin brother. This case led to the examination of international law in similar cases in which the only available biological evidence derives from classical forensic genetic analysis, performed with short tandem repeat (autosomal and/or gonosomal) capillary electrophoresis and the probative value, if recognised, of the next generation sequencing technology in the courtroom.


Assuntos
Impressões Digitais de DNA/métodos , Genética Forense , Sequenciamento de Nucleotídeos em Larga Escala , Análise de Sequência de DNA , Gêmeos Monozigóticos/genética , Gêmeos Monozigóticos/legislação & jurisprudência , Eletroforese Capilar , Feminino , Humanos , Direito Internacional , Jurisprudência , Masculino , Repetições de Microssatélites , Paternidade
8.
Health Econ Policy Law ; 16(3): 256-272, 2021 07.
Artigo em Inglês | MEDLINE | ID: mdl-32583755

RESUMO

This paper maps key regulatory, governance and legal challenges associated with the UK's withdrawal from the European Union (EU) in terms of convergent and divergent pressures within the global pharmaceutical sector. These include (i) convergent regulatory pressures associated with the European framework for pre-market licensing; (ii) convergent and divergent industry pressures with regard to drug discovery and manufacturing; and (iii) divergent and convergent market pressures associated with the supply, pricing and assessment of medicines. The UK's sovereign ambitions risk a loss of influence over the licensing and surveillance of pharmaceuticals under convergent regulatory and industry pressures to engage in unilateral participation in the European regime. Further, they also risk a loss of influence over processes for pricing and assessing the effectiveness of new treatment regimens under divergent market pressures from larger pharmaceutical markets outside the EU, notably the United States.


Assuntos
Comércio/economia , Comércio/legislação & jurisprudência , Indústria Farmacêutica/economia , Indústria Farmacêutica/legislação & jurisprudência , Setor de Assistência à Saúde/economia , Setor de Assistência à Saúde/legislação & jurisprudência , Preparações Farmacêuticas , União Europeia/organização & administração , Propriedade Intelectual , Direito Internacional , Reino Unido , Estados Unidos
9.
Forensic Sci Int ; 319: 110648, 2021 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-33360244

RESUMO

The first Geneva Conventions were signed in 1864 and this initial effort to put humanity in war has since developed into a network of international conventions and customary rules which include the dead as a group that must be protected during and following armed conflicts. During the First and Second World Wars, parties to the conflict were obliged to recover the dead from battlefields, document identifying marks including the collection of identification discs, and to bury the body in a marked grave. Those parties' signatory to the laws regulating war at the time, could not have predicted the millions of losses of civilians and combatants resulting in the thousands of casualties left unrecovered at the end of both world wars. The prolonged requirement to recover, identify and bury newly-found World War dead is managed differently by each country; albeit with no universal approach that acknowledges the need to integrate the moral imperative of dignified post-war care of the dead with rapidly changing technology and equally rapidly ageing of families of the missing. The International Committee of the Red Cross is a longtime actor in providing humanitarian service to soldiers and civilians in war. This includes expertise in the legal framework regulating armed conflict, in the provision of a central system to aid in tracing those who go missing during war, including those from the world wars, and in the growing field of humanitarian forensics. This paper will discuss the applicable international frameworks for the protection world war dead, while promoting the ICRC's role as resource and advocate.


Assuntos
Restos Mortais , Sepultamento/legislação & jurisprudência , Direito Internacional , Militares , Cruz Vermelha , Altruísmo , Gerenciamento de Dados , História do Século XX , Direitos Humanos/legislação & jurisprudência , Humanos , Militares/história , I Guerra Mundial , II Guerra Mundial
10.
Rev. adm. pública (Online) ; 54(6): 1613-1631, Nov.-Dec. 2020. graf
Artigo em Inglês | LILACS | ID: biblio-1143899

RESUMO

Abstract Public policies face major challenges to their consolidation and stability that force rulers to make significant political efforts to keep them alive. Some of these challenges occur by the adjustment of the policy's idea as an attempt to reduce the possible difficulties caused by public confrontation, thus better adapting them to the reference frame of the actors. Such is the case of Colombia's drug control policy which did not have sufficient legitimacy to be carried out, despite international pressure, but it was later coupled to the international agenda as a national need. By using the critical discourse analysis, this study verifies how the discursive transformation of this policy took place and the cognitive mechanisms used to reinterpret it as a matter of national security and not international co-responsibility, which allowed consolidation of the current prohibitionist strategy. The results of the study reveal an interpretation of the drug trafficking problem as a threat to the institutional order, which reduces the confrontation capacity of the critics of the proposed policy.


Resumen Muchas políticas enfrentan importantes desafíos para su consolidación y estabilidad y exigen esfuerzos políticos significativos para mantenerse en vigor. Parte de estos desafíos se dan al ajustar la idea de política para solventar los impases de la confrontación pública. Como en el caso de la política de lucha contra las drogas en Colombia, que al principio no contaba con la legitimidad suficiente para su ejecución, a pesar de la presión internacional. El presente estudio, a través de un análisis crítico del discurso, analiza cómo se dio la transformación discursiva de esta política y cuáles fueron los mecanismos cognitivos utilizados para que se reinterpretara como un asunto de seguridad nacional más que de corresponsabilidad internacional, lo que permitió la consolidación de la estrategia prohibicionista que sigue vigente . Los resultados del estudio revelan una interpretación del problema del narcotráfico como una amenaza al orden institucional, lo que llevó a una disminución de la capacidad de confrontar críticamente la política propuesta.


Resumo Frequentemente, as políticas públicas enfrentam desafios importantes para sua consolidação e estabilidade, e acabam exigindo esforços políticos significativos para manter-se à tona. Parte destes desafios ocorre ao ajustar a ideia de política para tentar diminuir possíveis impasses originados pelo confronto público. No caso da política de controle de drogas na Colômbia, apesar da pressão internacional, inicialmente não havia legitimidade suficiente para sua execução. Através da análise crítica do discurso, o presente estudo verifica como ocorreu a transformação discursiva desta política e quais foram os mecanismos cognitivos utilizados para que pudesse ser reinterpretada como uma questão de segurança nacional e não de corresponsabilidade internacional, o que permitiu a consolidação da estratégia proibicionista vigente. Os resultados do estudo revelam uma interpretação do problema do narcotráfico como uma ameaça à ordem institucional, o que levou a uma diminuição da capacidade de confrontar criticamente a política proposta.


Assuntos
Humanos , Masculino , Feminino , Política Pública , Medidas de Segurança , Drogas Ilícitas/legislação & jurisprudência , Direito Internacional , Comportamento de Procura de Droga
11.
J Int Bioethique Ethique Sci ; Vol. 31(1): 21-30, 2020 Sep 14.
Artigo em Inglês | MEDLINE | ID: mdl-33045816

RESUMO

With the Universal Declaration of Human Rights, international law provides an effective reference source beyond the law of the States. This law has two specific characteristics. In the first place it is as much a law in relation with new technologies as a law of principles because it applies the principles in the light of the diversity of scientific practices.Secondly, these technologies are at their most active in the field of globalization and support some standardization of practices.When the first character deals with power and standardization of scientific practices, the second – the normative aspect – recognizes the cultural and professional dimension of technoscience. In both cases, the diffusion and integration of science and technologies in society is a global phenomenon, exceeding the sphere of local cultures and laws.


Assuntos
Bioética , Direitos Humanos , Direito Internacional , Diversidade Cultural , Humanos , Internacionalidade
12.
Forensic Sci Int ; 317: 110499, 2020 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-32947240

RESUMO

The impetus to begin a legal investigation or prosecution of the crime of genocide is a "trigger mechanism," which serves as the prima facie case against the accused state or actor. Unlike domestic cases of homicide, the trigger mechanisms for international genocide investigations to date have not included any forensic evidence nor have they sought input from forensic scientists. The jurists tasked with addressing the trigger mechanisms were fully capable of assessing forensic evidence but unable to generate it. This study reviews four recent large-scale investigations of genocide in Bosnia, Rwanda, Darfur and Myanmar to reveal pitfalls in the cases that could have been avoided by the earlier inclusion of scientific expertise, and identifies the potential contributions of forensic science in future investigations.


Assuntos
Ciências Forenses/legislação & jurisprudência , Genocídio/legislação & jurisprudência , Bósnia e Herzegóvina , Humanos , Direito Internacional , Mianmar , Ruanda , Sudão , Nações Unidas
13.
Georgian Med News ; (304-305): 169-177, 2020.
Artigo em Russo | MEDLINE | ID: mdl-32965270

RESUMO

The purpose of this study is to determine the legal regime of donor organs in private International law. Research material - legal regulation of donor organs in private international law, as well as international judicial practice, scientific views and ideas about the subject of research.; Based on the scientific analysis, the authors draw the following conclusions. In particular, the conclusion that the organ removed from a living donor, as well as the body of a deceased person, have a dual nature. They belong to material objects that are capable of carrying both property and non-property worth. If an organ taken from a living donor or the body of a deceased person is considered property, then they acquire the regime of things restricted in civil circulation. At the same time, it is concluded that the property component of such boons does not prevent them from simultaneously acting as and objects of non-property legal relations. In addition, the paper separately pays attention to the in vitro embryo, which has the potential ability to be transplanted into the human body. Based on the analysis of judicial practice of various international instances an assumption is made that, by its nature, has a natural ability to be considered in law not only as an object of property and non-property legal relations, but also as a subject of law (quasi-subject of law). In this regard allocated three basic legal approaches applied in private international law to an in vitro embryo, namely: 1) an embryo in vitro - a subject of law; 2) an embryo in vitro - an object of law; 3) an embryo in vitro - an intermediate subject-object state, a legal phenomenon sui generis.


Assuntos
Direito Internacional , Humanos
14.
Wiad Lek ; 73(7): 1533-1538, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-32759451

RESUMO

OBJECTIVE: The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. PATIENTS AND METHODS: Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. CONCLUSION: Conclusion: The current regulatory framework does not provide for the procedure by which the subject's medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert's procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.


Assuntos
Pacientes Internados , Pacientes Ambulatoriais , Criminosos , Humanos , Direito Internacional
15.
BMC Int Health Hum Rights ; 20(1): 18, 2020 07 23.
Artigo em Inglês | MEDLINE | ID: mdl-32703214

RESUMO

BACKGROUND: The magnitude of the noncommunicable epidemic is difficult to overstate. The projected cost of the epidemic is substantial. It disproportionately affects people in low- and middle-income countries as well as poorer and marginalised communities in high-income countries. The international community has taken various steps to address the four modifiable risk factors causing the majority of noncommunicable diseases (NCDs), however, action has so far fallen short of expectations. Both analysts and international institutions are advocating the adoption of a new international legal norm to address the NCD crisis. MAIN TEXT: Drawing on existing knowledge from international relations and international legal studies, this article argues that a new international treaty is not only currently improbable, but also not strictly desirable. In-depth critical analysis and reflection is needed regarding the strengths and weaknesses of a legal approach to addressing the NCD pandemic. The argument is set out in three sections - the first reviews contributions of agentic constructivism, which focus on the process of normative emergence and change, and draws on empirical examples to highlight overlooked aspects of normative development and how they relate to NCD politics. The second engages with the critique of legal principles. Critical approaches to law seek to expose the myths that legal principles are neutral, objective, good. The third section discusses the characteristics of practice in the NCD field and its implications on process and principles for the pursuit of a legal solution to the NCD crisis. CONCLUSIONS: Any advocacy for an international norm to address NCDs needs to be nuanced and demonstrate awareness of the nature and character of both the norm development process and resulting international legal principles. As analysts, we are responsible for advocating inclusive and ethical norms, but also for highlighting the implications of inequalities and differences between and within states and societies. There may be a viable international legal instrument that would support dedicated policies to curb the NCD epidemic, but such an instrument needs to be actively advocated for and negotiated with a wide range of stakeholders, navigating a complex international framework of existing norms and conflicting, powerful interests.


Assuntos
Cooperação Internacional , Direito Internacional , Estilo de Vida , Doenças não Transmissíveis , Política , Normas Sociais , Países em Desenvolvimento , Humanos , Doenças não Transmissíveis/epidemiologia , Doenças não Transmissíveis/prevenção & controle , Pobreza , Fatores de Risco
16.
Child Abuse Negl ; 110(Pt 1): 104587, 2020 12.
Artigo em Inglês | MEDLINE | ID: mdl-32553847

RESUMO

This paper explores the efficacy of the United Nations Convention on the Rights of the Child (Convention, UN General Assembly, 1989) through the lens of the over-representation of First Nations children placed in out-of-home care in Canada and Aboriginal and Torres Strait Islander children in Australia. A general overview of Indigenous worldviews frames a discussion on the coherence of international human rights law and instruments, including the Convention, account for Indigenous Peoples' ontologies. The authors argue that the United Nations Declaration on the Rights of Indigenous Peoples (UN General Assembly, 2007) and a new theoretical framework published by the Pan American Health Organization (2019) on health equity and inequity are useful tools to augment the Convention's coherence with Indigenous ontologies. The paper discusses how the Convention can be applied to structural and systemic risks driving the over-representation of First Nations and Aboriginal and Torres Strait Islander children in out of home care in Canada and Australia. These two countries are included as First Nations and Aboriginal and Torres Strait Islander peoples in these countries have both had significant impact in advocating for their children despite experiencing similar barriers including contemporary colonialism. The advocacy work of the First Nations Child and Family Caring Society in Canada and the Victorian Aboriginal Child Care Agency in Victoria, Australia are discussed. The paper ends by outlining some of the challenges ahead that include the need to meaningfully recognize Indigenous self-determination and equitable funding and resources to enable the actualization of self-determination. Further research contrasting international human rights instruments with Indigenous ontologies could help inform possible amendments to international human rights treaties and general comments.


Assuntos
Serviços de Assistência Domiciliar/normas , Direitos Humanos/legislação & jurisprudência , Direito Internacional/ética , Austrália , Canadá , Criança , Humanos , Povos Indígenas , Grupo com Ancestrais Oceânicos
17.
Am J Law Med ; 46(1): 55-88, 2020 03.
Artigo em Inglês | MEDLINE | ID: mdl-32460655

RESUMO

Patent rights are recognized as a property asset with an attendant right to exclude. However, recent policy developments highlight that the right to exclude is not inviolable. This paper explores two rapidly evolving exceptions to patent exclusivity, both of which take the form of compulsory licenses. First, under the international Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), national governments can compel patent owners to out-license technology in service of greater good. These egalitarian compulsory licenses improve access to technology but undermine patent value. Second, compulsory licenses are increasingly relied upon as an equitable remedy in U.S. patent litigation. Typically referred to as "ongoing royalties," these court-mandated compulsory licenses are a modern alternative to injunctions against adjudged infringers. TRIPS compulsory licenses and ongoing royalties arise under independent legal frameworks, but necessarily invoke parallel economic considerations. While the wisdom of each has been discussed at length by others, this paper explores principles of royalty determination employed in each context. Considering both frameworks, an analysis of where each succeeds and fails is provided, together with an exploration of optimized royalty frameworks.


Assuntos
Tecnologia Biomédica/economia , Tecnologia Biomédica/legislação & jurisprudência , Propriedade Intelectual , Patentes como Assunto/legislação & jurisprudência , Desenvolvimento de Medicamentos/economia , Desenvolvimento de Medicamentos/legislação & jurisprudência , Direito Internacional , Estados Unidos
18.
Arch Iran Med ; 23(4Suppl1): S43-S48, 2020 04 01.
Artigo em Inglês | MEDLINE | ID: mdl-32349508

RESUMO

According to the purposes for the formation of the United Nations, sophistication of institutions like the Security Council must be evaluated based on the provision of peace and how they guarantee human rights. Therefore, in case Security Council does not follow these two mentioned factors, its function would be itself a threat to the international peace and security. This analytical research is based on collecting library theoretical data related to different field studies which investigated the effects of sanctions issued by the Security Council, the United States and the European Union on citizens' health and tried to assess both their efficiency and legitimacy. The right to health is connected with the right of living. In case enough drugs, appropriate treatment and medical equipment are not provided at the proper time, both physical and mental health might be threatened and this can cause death of a large number of people. Considering the Security Council as an institution which is expected to take into account the citizens' basic rights and not to ignore its own initial objective, the present paper was an attempt to provide explanations for the above concepts and their relationships and to analyze the findings of previous field studies. The paper concluded that sanctions issued by the Security Council and the United States are potentially functioning as threats to the international peace and so these sanctions are violating the citizens' right to health.


Assuntos
Economia , Acesso aos Serviços de Saúde , Direito à Saúde , Humanos , Direito Internacional , Irã (Geográfico) , Nações Unidas
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