9780415458573

The International Legal Governance of the Human Genome

by ;
  • ISBN13:

    9780415458573

  • ISBN10:

    0415458579

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2009-08-04
  • Publisher: Routledge

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Summary

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. This is book nine in the Genetics of Society book series. It is vital to promote this book via the Cavendish list

Table of Contents

The Human Genome and Bioethics
Introduction
The Human Genome Project (HGP)
Scientific Research: Increasing Inequities and Inequalities
International Bioethical Law after the Nuremberg Code
The Metamorphosis of Human Experimentation
The ELSI Programme
Property Rights in the Human Genome
Human Rights - Central to Governance of Human Genome
International Organisations and the Human Genome
Introduction
UNESCO and Bioethics
United Nations and the Human Genome: The Commission on Human Rights
World Health Organisation (WHO)
The Common Heritage of Mankind in International Law
The Concept of Common Heritage of Mankind
The International Legal Framework for Plant Genetic Resources
Impact of the PGR CHM Debate on Governance of Human Genome
The Law of the Sea: Deep Seabed Minerals
The Elements of the Common Heritage Regime
The Moon Treaty
Common Heritage and the Human Genome
Common Heritage Elements in the Universal Declaration, 1997
The Legal Commission debates: Elements of CHM Regime or Isolated Principles?
Human Rights and the Human Genome
Conclusion
The Common Heritage of Humanity and the Right to Development
Introduction
The New International Economic Order
The Right to Development and the New International Economic Order
The Emergence of the Right to Development
The Right to Development and Health
Human Rights, Common Heritage and Development - A Moral Perspective
Introduction
Why Gewirth?
Gewirthian Theory
Principle of G.C. as the Basis of the International Human Rights Order
Some Important Concepts in a Gewirthian Analysis
A Moral Analysis of the Notion of the Common Heritage of Humanity
The Right to Development and Productive Agency
Conclusion
The Common Heritage of Humanity and Intellectual Property Rights
Introduction
International Law and Intellectual Property Law
The Importance of Intellectual Property Rights
Intellectual Property Rights and Common Heritage: A Case of Neglect
Intellectual Property and Property: Morally Equal Rights?
WIPO Policy and the Development Agenda
Conclusion
Conclusion
Table of Contents provided by Publisher. All Rights Reserved.

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