Justice in Genetics
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Justice in Genetics

Intellectual Property and Human Rights from a Cosmopolitan Liberal Perspective

9781848443150 Edward Elgar Publishing
Louise Bernier, Professor and Head, Law and Life Sciences Program, University of Sherbrooke, Québec, Canada
Publication Date: 2010 ISBN: 978 1 84844 315 0 Extent: 272 pp
Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues – the global access to healthcare challenge – Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources.

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Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues – the global access to healthcare challenge – Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources.

The author examines if and how this theory of distribution translates into positive law and analyzes the barriers to legal compliance and global distributive justice in health. Other topics analyzed in this book include: intellectual property and international human rights, and the extent to which the philosophy and structure of each of these normative systems furthers the goal of distributing benefits equitably and globally; the use of strong and original normative landmarks to justify relying on a cosmopolitan approach to global justice based on health needs; and the social, political, economic and legal obstacles and opportunities resulting from the commercialization of the quickly evolving field of genetics.

Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. As such, it will be of great value to students and scholars interested in health, law, human rights and intellectual property.
Critical Acclaim
‘Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues, the global access to healthcare challenge, Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. The groundbreaking analysis in Justice in Genetics offers a useful justification for engaging in a global and more equitable redistribution of health-related resources. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. It will be of great value to students and scholars interested in health, law, human rights and intellectual property.’
– SirReadaLot.org

‘This important book breaks new ground in the study of intellectual property and international human rights. It is an important contribution to the debate on how best to distribute equitably the benefits derived from genetic technologies on a global scale.’
– Duncan Matthews, Queen Mary University of London, UK

‘Edward Elgar publishers have again excelled by choosing to publish an essential book.’
– Sally Ramage, Criminal Law News
Contents
Contents: Foreword Preface Introduction Part I: A Theoretical Framework for Distribution in Health 1. Global Application of Distributive Justice: A Cosmopolitan Approach 2. An Argument for Global Distribution in Health Part II: Some Normative Tools for Distribution in Health 3. International Intellectual Property Law: A First Tool? 4. International Human Rights Law: A Second Tool? Conclusion Bibliography Index
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