The International Legal Governance of the Human Genome

by Kuppuswamy; Chamundeeswari

• ISBN13: 9780415458573
• ISBN10: 0415458579
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-08-04
• Publisher: Routledge

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

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