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The Right to Food and the Trips Agreement : With a Particular Emphasis on Developing Countries' Measures for Food Production and Distribution.
2007
Details
Title
The Right to Food and the Trips Agreement : With a Particular Emphasis on Developing Countries' Measures for Food Production and Distribution.
Edition
First edition.
Item Type
Book
Description
1 online resource (518 pages).
ISBN
9789047422150 electronic book
Summary
This volume analyses relationships between patent rights and human rights, focusing on the right to food. Whether the TRIPS Agreement and the International Covenant on Economic, Social and Cultural Rights actually conflict, is analyzed through different techniques of assessing treaty conflict.
Note
Description based upon print version of record.
This volume analyses relationships between patent rights and human rights, focusing on the right to food. Whether the TRIPS Agreement and the International Covenant on Economic, Social and Cultural Rights actually conflict, is analyzed through different techniques of assessing treaty conflict.
This volume analyses relationships between patent rights and human rights, focusing on the right to food. Whether the TRIPS Agreement and the International Covenant on Economic, Social and Cultural Rights actually conflict, is analyzed through different techniques of assessing treaty conflict.
Formatted Contents Note
Preface
Part I: Treaties Relating to Food and Protection of Biotechnology
1 Introduction
1.1 General outline
1.2 Structure of the Study
1.3 Delimitations
2 Food, Biotechnology and Intellectual Property
2.1 Food
2.1.1 Food in a Human Rights Context
2.1.2 Increased Emphasis on Access to Food
2.2 Biotechnology
2.2.1 Three Phases of biotechnology
2.2.2 Different Actors in biotechnology and their Attitude towards Intellectual Property Protection
2.2.3 Traditional breeders and Modern breeders.
2.2.4 Strong Disagreements Regarding new biotechnology
2.3 The Expansion of the Intellectual Property Protection System
2.3.1 A General outline of Patent and Plant Variety Protection
2.3.2 Intellectual Property Protection in Various Phases
2.3.3 Metaperspectives on Patent and Plant Variety Rights
2.3.4 Justifications for Intellectual Property Protection
2.3.5 Alternatives to Patent and Plant Variety Protection on Plant Genetic Resources for Food and Agriculture: Protection through biological or Technical Means
3 Methodology: Principles and Sources under International Law.
3.1 Interpreting Treaties
3.3.1 International Law in Interpretative Material
3.3.1 Interpretation and Application of Treaties
3.3.2 Interpreting the Terms in Light of a Treaty's object and Purpose
3.3.3 Principles for Identifying balance between Treaties
3.2 Interpretative Material under Human Rights Conventions
3.2.1 In General Concerning the Un Human Rights Instruments
3.2.2 The Relevant Interpretative Material from the Un Human Rights Instruments
3.3 Interpretative Material under the WTo
3.3.1 In General Concerning the WTo.
3.3.2 The Relevant WTo Interpretative Material
3.4 Interpretative Material under the UPoV Convention
3.4.1 In General Concerning UPoV
3.4.2 The Relevant UPoV Interpretative Material
Part II: Relevant Provisions from the International Covenant on Economic, Social and Cultural Rights
4 Specifying the Nature of the Obligations and the Approach for Understanding Economic, Social and Cultural Human Rights
4.1 General obligations of the Covenant
4.1.1 Article 2.1
4.1.2 Articles 2.2 and 3
4.2 Basic Approaches for Understanding the Rights and obligations of the Covenant.
4.2.1 Rights and Corresponding obligations
4.2.2 Arguments Concerning the nature of the Rights in the Covenant
4.2.3 Interpretation and Implementation of Economic, Social and Cultural Rights: 'Progressive Realization' and 'Violations'
5 The Right to Food as Recognized in the International Covenant on Economic, Social and Cultural Rights
5.1 The origins and the Content of the Right to Food
5.1.1 Emerging Recognition of the Right to Food
5.1.2 Introduction to the Analysis of Article 11
5.1.3 Article 11.1
5.1.4 Article 11.2
5.1.5 Article 11.2(a).
5.2 Clarifying Relevant Relationships.
Preface
Part I: Treaties Relating to Food and Protection of Biotechnology
1 Introduction
1.1 General outline
1.2 Structure of the Study
1.3 Delimitations
2 Food, Biotechnology and Intellectual Property
2.1 Food
2.1.1 Food in a Human Rights Context
2.1.2 Increased Emphasis on Access to Food
2.2 Biotechnology
2.2.1 Three Phases of biotechnology
2.2.2 Different Actors in biotechnology and their Attitude towards Intellectual Property Protection
2.2.3 Traditional breeders and Modern breeders.
2.2.4 Strong Disagreements Regarding new biotechnology
2.3 The Expansion of the Intellectual Property Protection System
2.3.1 A General outline of Patent and Plant Variety Protection
2.3.2 Intellectual Property Protection in Various Phases
2.3.3 Metaperspectives on Patent and Plant Variety Rights
2.3.4 Justifications for Intellectual Property Protection
2.3.5 Alternatives to Patent and Plant Variety Protection on Plant Genetic Resources for Food and Agriculture: Protection through biological or Technical Means
3 Methodology: Principles and Sources under International Law.
3.1 Interpreting Treaties
3.3.1 International Law in Interpretative Material
3.3.1 Interpretation and Application of Treaties
3.3.2 Interpreting the Terms in Light of a Treaty's object and Purpose
3.3.3 Principles for Identifying balance between Treaties
3.2 Interpretative Material under Human Rights Conventions
3.2.1 In General Concerning the Un Human Rights Instruments
3.2.2 The Relevant Interpretative Material from the Un Human Rights Instruments
3.3 Interpretative Material under the WTo
3.3.1 In General Concerning the WTo.
3.3.2 The Relevant WTo Interpretative Material
3.4 Interpretative Material under the UPoV Convention
3.4.1 In General Concerning UPoV
3.4.2 The Relevant UPoV Interpretative Material
Part II: Relevant Provisions from the International Covenant on Economic, Social and Cultural Rights
4 Specifying the Nature of the Obligations and the Approach for Understanding Economic, Social and Cultural Human Rights
4.1 General obligations of the Covenant
4.1.1 Article 2.1
4.1.2 Articles 2.2 and 3
4.2 Basic Approaches for Understanding the Rights and obligations of the Covenant.
4.2.1 Rights and Corresponding obligations
4.2.2 Arguments Concerning the nature of the Rights in the Covenant
4.2.3 Interpretation and Implementation of Economic, Social and Cultural Rights: 'Progressive Realization' and 'Violations'
5 The Right to Food as Recognized in the International Covenant on Economic, Social and Cultural Rights
5.1 The origins and the Content of the Right to Food
5.1.1 Emerging Recognition of the Right to Food
5.1.2 Introduction to the Analysis of Article 11
5.1.3 Article 11.1
5.1.4 Article 11.2
5.1.5 Article 11.2(a).
5.2 Clarifying Relevant Relationships.
Series
Raoul Wallenberg Institute Human Rights Library.
Available in Other Form
Print version: Haugen, Hans Morten The Right to Food and the Trips Agreement : With a Particular Emphasis on Developing Countries' Measures for Food Production and Distribution Boston : BRILL,c2007
Published
Boston : Brill, 2007.
Language
English
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