This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

Balancing Wealth and Health (Law and Global Governance)

Dreyfuss, Rochelle

Rodríguez-Garavito, César

Intellectual Property

Oxford University Press

It was widely predicted that the end of the Cold War would lead to a prolonged period of US-friendly neo-liberal hegemony in Latin America. In fact, the left has re-emerged as a serious political actor. Today, leftist or 'progressive' political forces are in government in nine Latin American nations, and social movements continue to challenge neo-liberalism in several other countries.This book is a comprehensive study of the wide variety of leftist governments, parties and movements in the region, including Argentina, Bolivia, Brazil, Colombia, Mexico, Uruguay and Venezuela.It is essential for students of Latin American politics, political theory, social movements and international relations.

The New Latin American Left: Utopia Reborn (Transnational Institute)

Barrett, Patrick

Chavez, Daniel

History

Pluto Press

It was widely predicted that the end of the Cold War would lead to a prolonged period of US-friendly neo-liberal hegemony in Latin America. In fact, the left has re-emerged as a serious political actor. Today, leftist or 'progressive' political forces are in government in nine Latin American nations, and social movements continue to challenge neo-liberalism in several other countries. This book is a comprehensive study of the wide variety of leftist governments, parties and movements in the region, including Argentina, Bolivia, Brazil, Colombia, Mexico, Uruguay and Venezuela. It is essential for students of Latin American politics, political theory, social movements and international relations.

This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical and comparative framework for understanding these constitutional innovations and illustrates them with a detailed qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over 5 million internally displaced people in Colombia, and its implementation process. While the ruling (known as T-025 in Colombia) was handed down in 2004, its monitoring process continues to this day. This book traces the case's evolution over the last ten years from its origin to its effects on law, policy, politics, and public opinion. The far-reaching insights from this case study will be of interest to scholars of comparative constitutionalism as well as leading constitutional courts around the world.

Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South (Comparative Constitutional Law and Policy)

Rodríguez-Franco, Diana

Legal Theory & Systems

Cambridge University Press

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