Health as a Trade Issue: How the Campaign for South African Access brought the Right to Health to the WTO
Keywords:
Transnational Advocacy Networks, international norms, HIV/AIDS, TRIPSAbstract
Transnational advocacy networks played a crucial role in the acceptance of the right to health as a trade concern that takes precedence over intellectual property protections. The development and influence of this norm is reflected in international responses to the 1998-2001 South African litigation over access to medicines.
References
't Hoen, Ellen. "TRIPS, Pharmaceutical Patents and Access to Essential Medicines: Seattle, Doha
and Beyond." Medecins Sans Frontieres Access Campaign. July 24, 2003. Accessed March 24, 2015. http://www.msfaccess.org/sites/default/files/MSF_assets/Access/Docs/ACCESS_article_TRIPSPatentsDohaBeyond_ENG_2003.pdf.
AIDS Coalition to Unleash Power. “Aids Activists Disrupt Al Gore's Announcement Of
Presidential Candidacy: Protestors Demand Global Access To Anti-HIV Drugs And An End To Vice-President's Bullying Of South Africa.” Accessed March 27, 2015. http://www.actupny.org/actions/gorezaps.html.
Björkdahl, Annika. “Norms in International Relations: Some Conceptual and Methodological
Reflections.” Cambridge Review of International Affairs 15:1 (2002): 19. http://go.utlib.ca/cat/7692839.
Brysk, Alison. Human Rights and Private Wrongs: Constructing Global Civil Society. New
York: Routledge, 2005.
Clinton, William. Remarks to the luncheon in honor of the Ministers attending the Meeting of
the World Trade Organization. December 1, 1999. White House Office of the Press Secretary. Found online at: http://www.staff.city.ac.uk/p.willetts/PIE-DOCS/CLNT1299.HTM.
Consumer Project on Technology. “MSF, HAI, CPT Press Statement Seattle.” December 2,
Accessed March 26, 2015. http://www.cptech.org/ip/health/seattle.html.
Dobson, Roger. “Drug company lobbyist joins Oxfam’s cheap drugs campaign.” BMJ : British
Medical Journal, 322.7293 (2001):1011. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1120172/.
Dunn, Alan and Bill Fennell to the Film and Television Action Committee. April 23, 2004.
Memorandum. Stewart and Stewart. Accessed March 26, 2015. http://ftac.net/7-Special_301.pdf.
Earnshaw, David. Speech at the Amsterdam Conference on Increasing Access to Essential Drugs
in a Globalized Economy. November 29, 1999. Health Action International. http://www.haiweb.org/campaign/novseminar/earnshaw.html.
European Commission (DG 1). Note on the WHO’s Revised Drug Strategy. October 5, 1998.
/D/3/BW D (98). Found online at: http://keionline.org/node/924.
Executive Order No. 13155, 65 Federal Register 30521 (May 10, 2000).
https://federalregister.gov/a/00-12177.
Forman, Lisa. "A Transformative Power? The Role of the Human Right to Medicines in
Accessing AIDS Medicines: International Human Rights Law, TRIPS and the South African Experience." Order No. NR27989, University of Toronto (Canada), 2007. http://search.proquest.com/docview/304751804?accountid=14771.
Fisher, William W III, and Cyril Rigamonti. “The South Africa AIDS Controversy: A Case
Study in Patent Law and Policy.” Law of business and patents working paper, Harvard Law School, February 10, 2005. http://cyber.law.harvard.edu/people/tfisher/South%20Africa.pdf.
General Agreement on Tariffs and Trade. Agreement on Trade-Related Aspects of Intellectual
Property Rights, Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on April 15, 1994. Accessed March 25,
https://www.wto.org/english/docs_e/legal_e/legal_e.htm#TRIPs.
Klotz, Audie. “Norms reconstituting interests: global racial equality and U.S. sanctions against
South Africa.” International Organization 49:3 (1995), 452. http://go.utlib.ca/cat/7719858.
McInnes, Colin, Adam Kamraadt-Scott, Kelley Lee, Anne Roemer-Mahler, Simon Rushton, and
Owain David Williams. The Transformation of Global Health Governance, New York: Palgrave Macmillan, 2014.
Legal Information Institute. “Amicus Curiae.” Accessed April 1, 2015.
https://www.law.cornell.edu/wex/amicus_curiae.
MSF Access Campaign. “39 Drug Companies vs South Africa: People die for lack of affordable
drugs as inhumane industry ignores reality.” March 5, 2001. http://www.msfaccess.org/about-us/media-room/press-releases/39-drug-companies-vs-south-africa-people-die-lack-affordable.
MSF Access Campaign. “Big Pharma versus Nelson Mandela.” Last modified January 2009.
Accessed March 26, 2015. http://www.msfaccess.org/content/1998-big-pharma-versus-nelson-mandela.
MSF Access Campaign. “Drop the Case! Support the Struggle for Medicines in South Africa.”
March 8, 2001. http://www.msfaccess.org/about-us/media-room/press-releases/drop-case-support-struggle-medicines-south-africa.
MSF Access Campaign. “Pharmaceutical Industry Must Stop Obstructing Access to Medicine in
South Africa.” Mar 1, 2001. http://www.msfaccess.org/about-us/media-room/press-releases/pharmaceutical-industry-must-stop-obstructing-access-medicine
Russel, Sabin. “New Crusade to Lower AIDS Drug Costs/ Africa’s needs at odds with firms’
profit motive.” SF Gate. May 24, 1999. http://www.sfgate.com/health/article/New-Crusade-To-Lower-AIDS-Drug-Costs-Africa-s-2929307.php.
Sell, Susan K. and Aseem Prakash. "Using Ideas Strategically: The Contest between Business
And NGO Networks in Intellectual Property Rights." International Studies
Quarterly 48:1 (2004): 143-175. http://resolver.scholarsportal.info/resolve/00208833/v48i0001/143_uistcbnniipr.xml.
Stoeva, Preslava. New Norms and Knowledge in World Politics: Protecting People, Intellectual
Property and the Environment. New York: Routledge, 2010.
Swarns, Rachel L. “Drug makers Drop South Africa Suit Over AIDS Medicine.” The New York
Times. April 20, 2001. Accessed March 24, 2015.
http://www.nytimes.com/2001/04/20/world/drug-makers-drop-south-africa-suit-over-aids-medicine.html.
Treatment Action Campaign. “5 March 2001: International Day of Action against
Pharmaceutical Company Profiteering.” Accessed March 27, 2015. http://www.tac.org.za/Documents/Other/mar5act.htm.
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