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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The International Legal Governance of the Human Genome

ISBN13: 9780415534253
Published: March 2012
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £30.00

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The human genome is a well known symbol of scientific and technological progress in the 21st century. However, concerns about the exacerbation of inequalities between the rich and the poor, the developing and the developed states, the healthy and the unhealthy are causing problems for the progress of scientific research.

The international community is moving towards a human rights approach in addressing these concerns. Such an approach will be piecemeal and ineffective so long as fundamental issues about economic, social and cultural rights, the so-called second generation of human rights, are not addressed. This book argues that, in order to be able to meaningfully apply a human rights framework to the governance of the human genome, the international human rights framework should be based on a unified theory of human rights where the distinction between positive and negative rights is set aside.

The book constructs a common heritage concept with the right to development at its core and explores the content of the right to development through rational human rights theory. It is argued that the notion of property rights in the human genome should be placed within the context of protecting human rights, including the right to development. The concept of common heritage of humanity, contrary to the widely held belief that it is in opposition to patenting of gene sequences, supports human rights-based conceptions of property rights. This book fills a gap in the literature on international legal governance of the human genome will provide an essential reference point for research into the right to development, development issues in bioethics, the role of international institutions in law making and research governance.

Medical Law
Part 1: The Human Genome and Bioethics
1. Introduction
2. The Human Genome Project (HGP)
3. Scientific Research : Increasing Inequities and Inequalities
4. International Bioethical Law after the Nuremberg Code
5. The Metamorphosis of Human Experimentation
6. The ELSI Programme
7. Property Rights in the Human Genome
8. Human Rights -- Central to Governance of Human Genome

Part 2: International Organisations and the Human Genome
9. Introduction
10. UNESCO and Bioethics
11. United Nations and the Human Genome: The Commission on Human Rights
12. World Health Organisation (WHO)

Part 3: The Common Heritage of Mankind in International Law
13. The Concept of Common Heritage of Mankind
14. The International Legal Framework for Plant Genetic Resources
15. Impact of the PGR CHM Debate on Governance of Human Genome
16. The Law of the Sea: Deep Seabed Minerals
17. The Elements of the Common Heritage Regime
18. The Moon Treaty
19. Common Heritage and the Human Genome
20. Common Heritage Elements in the Universal Declaration, 1997
21. The Legal Commission debates: Elements of CHM Regime or Isolated Principles?
22. Human Rights and the Human Genome
23. Conclusion

Part 4: The Common Heritage of Humanity and the Right to Development
24. Introduction
25. The New International Economic Order
26. The Right to Development and the New International Economic Order
27. The Emergence of the Right to Development
28. The Right to Development and Health

Part 5: Human Rights, Common Heritage and Development -- A Moral Perspective
29. Introduction
30. Why Gewirth?
31. Gewirthian Theory
32. Principle of G.C. as the Basis of the International Human Rights Order
33. Some Important Concepts in a Gewirthian Analysis
34. A Moral Analysis of the Notion of the Common Heritage of Humanity
35. The Right to Development and Productive Agency
36. Conclusion

Part 6: The Common Heritage of Humanity and Intellectual Property Rights
37. Introduction
38. International Law and Intellectual Property Law
39. The Importance of Intellectual Property Rights
40. Intellectual Property Rights and Common Heritage: A Case of Neglect
41. Intellectual Property and Property: Morally Equal Rights?
42. WIPO Policy and the Development Agenda 4
3. Conclusion

Part 7: Conclusion