Kim Rubenstein

Incentives for global public health : patent law and access to essential medicines

Introduction Access to Essential Medicines: Public Health and International Law Professor Thomas Pogge, Dr Matthew Rimmer, and Professor Kim Rubenstein Part I International Trade 1. TRIPS and Essential Medicines: Must One Size Fit All? Making the WTO Responsive to the Global Health Crisis Professor Rochelle Cooper Dreyfuss, New York University 2. The TRIPS Waiver as a Recognition of Public Health Concerns in the WTO Associate Professor Andrew Mitchell and Associate Professor Tania Voon, University of Melbourne 3. Public Law Challenges to the Regulation of Pharmaceutical Patents in the US Bilateral Free Trade Agreements Dr Hitoshi Nasu, The Australian National University 4. Global Health and Development: Patents and Public Interest Associate Professor Elizabeth Siew Kuan Ng, National University of Singapore Part II Innovation 5. The Health Impact Fund: Boosting Innovation without Obstructing Free Access Professor Thomas Pogge, Yale University and The Australian National University 6. The Health Impact Fund: A Critique Dr Kathleen Liddell, University of Cambridge 7. A Prize System as a Partial Solution to the Health Crisis in the Developing World Professor William W. Fisher and Talha Syed, Harvard Law School 8. Innovation and Insufficient Evidence: The Case for a WTO-WHO Agreement on Health Technology Safety and Cost-Effectiveness Evaluation Associate Professor Thomas Faunce, The Australian National University Part III Intellectual Property 9. Opening the Dam: Patent Pools, Innovation, and Access to Essential Medicines Professor Dianne Nicol and Dr Jane Nielsen, University of Tasmania 10. Open Source Drug Discovery: A Revolutionary Paradigm or a Utopian Model? Dr Krishna Ravi Srinivas, Research Information System for Developing Countries (RIS), India 11. Accessing and Benefit Sharing Avian Influenza Viruses through the World Health Organisation: a CBD and TRIPS Compromise thanks to Indonesia’s Sovereignty Claim? Dr Charles Lawson, Griffith University Faculty of Law and Associate Professor Barbara Hocking, Queensland University of Technology 12. The Lazarus Effect: The (RED) Campaign and Creative Capitalism Dr Matthew Rimmer, The Australian National University Part IV Health-Care 13. Beyond TRIPS: The Role of Non-state Actors and Access to Essential Medicines Professor Noah Benjamin Novogrodsky, University of Toronto 14. Securing Health Through Rights Katharine Young, Harvard University 15. The Role of National laws in Reconciling Constitutional Right to Health with TRIPS Obligations: An Examination of the Glivec Patent Case in India Dr Rajshree Chandra, Delhi University 16. Tipping Point: Thai Compulsory Licenses Redefine Essential Medicines Debate Jonathan Burton-MacLeod, The Australian National University Bibliography

Review Essay: The Centrality of Migration to Citizenship

From the outset, these books are distinguished by topicality and contemporary relevance. With the centrifugal forces of internationalism and globalization and the centripetal counterparts of nationalism, ethnicity and regionalism, citizenship is shaping as one of the defining issues of our time. This set of three volumes, orchestrated and devised as a broad comparative study of citizenship policy in liberal-democratic states by the Carnegie Endowment’s International Migration Policy Program (and then later as part of the re-launched independent Migration Policy Institute), was under the direction of recognized experts in the field, Alex Aleinikoff and Douglas Klusemeyer. They make a substantial and important contribution to migration studies and citizenship literature. As a trilogy there is a clear conceptual and thematic linkage assisting the completeness of the set—although it is unlikely to be made into a film and gain box-office hits of the like of other trilogies of a more popular nature! What is fundamental to this citizenship collection, and perhaps distinguishes (and some may argue lessens) its value from broader interdisciplinary approaches to citizenship, is the centrality of migration to its outlook. This is because it starts from a legal base—looking at the legal status of citizenship in

Holding the United Nations Security Council accountable for human rights violations through domestic and regional courts: a case of ‘be careful what you wish for'?

A. The Legal Framework The author has previously argued extensively that t e competence of the United Nations Security Council (hereinafter the Security Council) to adopt measures in the interest of international peace and security is not unlimited u n er international law. 1 In addition, she has argued that due to the absence of a centralised international judiciary that has explicit competence to review the legality of Security Counc il decisions, domestic and regional courts will increasingly be confronted with request s to this effect in an era where international organs frequently take decisions with direct consequences for the rights of individuals. In particular, such review may occur in cases wher e domestic or regional courts are confronted with challenges to domestic o r regional measures that implement Security Council resolutions in a manner that resul ts in the infringement of individual human rights. When reviewing these implementation m easures, the domestic or regional courts may also be incidentally confronted with the question of whether the Security Council itself acted in accordance with internation al law when adopting the decision that ultimately resulted in the measure under debate. 3

Advancing Citizenship: The Legal Armory and Its Limits

This Article considers the use of litigation as one mechanism to make citizenship more inclusive. It examines three Australian High Court decisions on citizenship in which the author was also counsel. While addressing the promotion of inclusive approaches to citizenship as a legal status, the Article argues that advocates must consider a range of avenues for advancing their clients’ claims. In doing so, the Article also presents a normative critique of citizenship legislation as not paying enough attention to the individual’s affiliation with Australia. The cases highlight rules that overlook certain individuals without giving sufficient consideration to their special circumstances, demonstrating that a person’s identity is not always reflected in law.

Introduction: Access to essential medicines: public health and international law

Historically, there have been intense conflicts over the ownership and exploitation of pharmaceutical drugs and diagnostic tests dealing with infectious diseases. Throughout the 1980s, there was much scientific, legal and ethical debate about which scientific group should be credited with the discovery of the human immunodeficiency virus and the invention of the blood test devised to detect antibodies to the virus. In May 1983, Luc Montagnier, Francoise Barre-Sinoussi and other French scientists from the Institut Pasteur in Paris published a paper in Science, detailing the discovery of a virus called lymphadenopathy (‘LAV’). A scientific rival, Robert Gallo of the National Cancer Institute, identified the AIDS virus and published his findings in the May 1984 issue of Science. In May 1985, the United States Patent and Trademark Office awarded the American patent for the AIDS blood test to Gallo and the Department of Health and Human Services. In December 1985, the Institut Pasteur sued the Department of Health and Human Services, contending that the French were the first to

The Vulnerability of Dual Citizenship: from Supranational Subject to Citizen to Subject?

This chapter provides an overview of the trajectory of the place of citizenship in Australian law today. It argues that the journey has involved travelling from an acceptance and foundation of a form of cosmopolitan or supra-national citizenship, to one of vulnerability for dual citizens. The recent amendments to the Australian Citizenship Act 2007 (Cth) extend the context for stripping dual citizen Australians of their citizenship, and not sole citizens, due to Australia’s “commitment” to the Convention on the Reduction of Statelessness. However, in doing so, it changes the relationship between the individual and the state, reverting Australian citizens back to their “subject” like status in principle, even if not in title.

Introduction: The Expanded Conception of Security and Institutions

Security is a dynamic, context-dependent concept that is inevitably shaped by social conditions and practices. The socio-political perception of security threats influences our security policies relevant to political decisions about the design of social institutions specifically addressing those security concerns. Security is traditionally understood to be physical protection of national territory and its population from the destructive effects of warfare through military means. Social institutions including but not limited to national governing institutions, inter-governmental institutions, and the military are all devices developed through human history to collectively address traditional security threats.

Environmental Discourses in Public and International Law: Using discourse theory to untangle public and international environmental law

The world is talking, pondering, and strategising about the environment. Ever more of the environment has been identified, publicly contemplated, or designated for despoliation and resource extraction. Remote and ‘wild’ places like the rugged Australian Kimberley and the far reaches of North America are now subject to advanced plans for fossil fuel extraction. Environmental disasters, including fires, floods, cyclones, earthquakes and tsunami, and schemes to alleviate or prevent future human suffering from catastrophe, have occupied governmental and organisational attention. Meanwhile, concerns about environmental degradation, and in particular human-induced climate change, dominate Western media and national and international politics, and are connecting communities through conversation and localised action. The nature, breadth and extent of global responses to climate change are also points of contention between the developing and developed worlds.

Introduction: using discourse theory to untangle public and international environmental law

The world is talking, pondering, and strategising about the environment. Ever more of the environment has been identified, publicly contemplated, or designated for despoliation and resource extraction. Remote and ‘wild’ places like the rugged Australian Kimberley and the far reaches of North America are now subject to advanced plans for fossil fuel extraction. Environmental disasters, including fires, floods, cyclones, earthquakes and tsunami, and schemes to alleviate or prevent future human suffering from catastrophe, have occupied governmental and organisational attention. Meanwhile, concerns about environmental degradation, and in particular human-induced climate change, dominate Western media and national and international politics, and are connecting communities through conversation and localised action. The nature, breadth and extent of global responses to climate change are also points of contention between the developing and developed worlds.

Using discourse theory to untangle public and international environmental law

The world is talking, pondering, and strategising about the environment. Ever more of the environment has been identified, publicly contemplated, or designated for despoliation and resource extraction. Remote and ‘wild’ places like the rugged Australian Kimberley and the far reaches of North America are now subject to advanced plans for fossil fuel extraction. Environmental disasters, including fires, floods, cyclones, earthquakes and tsunami, and schemes to alleviate or prevent future human suffering from catastrophe, have occupied governmental and organisational attention. Meanwhile, concerns about environmental degradation, and in particular human-induced climate change, dominate Western media and national and international politics, and are connecting communities through conversation and localised action. The nature, breadth and extent of global responses to climate change are also points of contention between the developing and developed worlds.