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1
-
-
84872609991
-
-
World Health Organization, quot;WHO Medicines Strategy 2004-2007: Countries at the Core," Geneva, 2004, available at <> (last visited May 10
-
World Health Organization, "WHO Medicines Strategy 2004-2007: Countries at the Core, " Geneva, 2004, available at <> (last visited May 10, 2012).
-
(2012)
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-
-
2
-
-
84872595481
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-
International Covenant on Economic, Social, and Cultural Rights, Committee on Covenant on Economic, Social, and Cultural Rights, General Comment no. 14 on the right of everyone to the highest attainable standard of mental and physical health, UN doc. E/C.12/2000/4, August 11, 2000.
-
International Covenant on Economic, Social, and Cultural Rights, Committee on Covenant on Economic, Social, and Cultural Rights, General Comment no. 14 on the right of everyone to the highest attainable standard of mental and physical health, UN doc. E/C.12/2000/4, August 11, 2000.
-
-
-
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3
-
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84864017765
-
-
Committee on Economic, Social and Cultural Rights, General Comment No. 17 on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, UN doc. E/C.12/GC/17, January 12 at para. 35.
-
Committee on Economic, Social and Cultural Rights, General Comment No. 17 on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, UN doc. E/C.12/GC/17, January 12, 2006, at para. 35.
-
(2006)
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-
-
4
-
-
84872619974
-
-
World Health Organization, quot;Medicines Expenditures," in the World Medicines Situation, Geneva, The cost of medicines as a percentage of health expenditures is, as could be expected, higher amongst developing countries than developed countries.
-
World Health Organization, "Medicines Expenditures, " in the World Medicines Situation, Geneva, 2011. The cost of medicines as a percentage of health expenditures is, as could be expected, higher amongst developing countries than developed countries.
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(2011)
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-
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5
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-
84872609758
-
-
World Health Organization, quot;Global Trends in Medicines Spending and Financing," in the World Medicines Situation, Geneva
-
World Health Organization, "Global Trends in Medicines Spending and Financing, " in the World Medicines Situation, Geneva, 2004.
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(2004)
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6
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84926989718
-
-
These three broad categories are taken from T. Pogge, M. Rimmer, and K. Rubenstein, quot;Introduction: Access to Essential Medicines: Public Health and International Law," in T. Pogge, M. Rimmer, and K. Rubenstein, eds., Incentives for Global Public Health: Patent Law and Access to Essential Medicines (Cambridge: Cambridge University Press
-
These three broad categories are taken from T. Pogge, M. Rimmer, and K. Rubenstein, "Introduction: Access to Essential Medicines: Public Health and International Law, " in T. Pogge, M. Rimmer, and K. Rubenstein, eds., Incentives for Global Public Health: Patent Law and Access to Essential Medicines (Cambridge: Cambridge University Press, 2010): at 3-8.
-
(2010)
, pp. 3-8
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7
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84863992875
-
-
Drugs for Neglected Diseases Working Group, Fatal Imbalance: The Crisis in Research and Development for Drugs for Neglected Diseases, at 10.
-
Drugs for Neglected Diseases Working Group, Fatal Imbalance: The Crisis in Research and Development for Drugs for Neglected Diseases, 2001, at 10.
-
(2001)
-
-
-
8
-
-
84872599577
-
-
-
-
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9
-
-
67650248848
-
"An Economic Justification for Open Access to Essential Medicine Patents in Developing Countries,"
-
no. 1
-
S. Flynn, A. Hollis, and M. Palmedo, "An Economic Justification for Open Access to Essential Medicine Patents in Developing Countries, " Journal of Law, Medicine & Ethics 37, no. 1 (2009): 184-208.
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(2009)
Journal of Law, Medicine & Ethics
, vol.37
, pp. 184-208
-
-
Flynn, S.1
Hollis, A.2
Palmedo, M.3
-
10
-
-
84872620578
-
-
Marrakesh Agreement Establishing the World Trade Organization, opened for signature April 15, 1994, 1867 UNTS 3, annex 1C (Agreement on Trade-Related Aspects of Intellectual Property Rights) (entered into force January 1, 1995); see also UNCTAD-ICTSD, Resource Book on TRIPS and Development: An Authoritative and Practical Guide to the TRIPS Agreement, May 2005, at 3, available at <> (last visited May 10, 2012).
-
Marrakesh Agreement Establishing the World Trade Organization, opened for signature April 15, 1994, 1867 UNTS 3, annex 1C (Agreement on Trade-Related Aspects of Intellectual Property Rights) (entered into force January 1, 1995); see also UNCTAD-ICTSD, Resource Book on TRIPS and Development: An Authoritative and Practical Guide to the TRIPS Agreement, May 2005, at 3, available at <> (last visited May 10, 2012).
-
-
-
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11
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84863992873
-
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Report of the U.N. Special Rapporteur on right of everyone to the highest attainable standard of physical and mental health, U.N. Doc.A/HRC/11/12, March 31
-
Report of the U.N. Special Rapporteur on right of everyone to the highest attainable standard of physical and mental health, U.N. Doc.A/HRC/11/12, March 31, 2009, at paras. 17-22.
-
(2009)
, pp. 17-22
-
-
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12
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-
84872595145
-
-
World Health Organization, quot;Access to Affordable Essential Medicines," in Millennium Development Goal 8: Strengthening the Global Partnership for Development in a Time of Crisis, Millennium Development Goal Gap Task Force Report ().
-
World Health Organization, "Access to Affordable Essential Medicines, " in Millennium Development Goal 8: Strengthening the Global Partnership for Development in a Time of Crisis, Millennium Development Goal Gap Task Force Report (2009).
-
(2009)
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13
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-
84863991921
-
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Doctors Without Borders, Untangling the Web of Price Reductions, June 2005, at 10, available at <> (last visited May 10).
-
Doctors Without Borders, Untangling the Web of Price Reductions, June 2005, at 10, available at <> (last visited May 10, 2012).
-
(2012)
-
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14
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84872613073
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-
For example, many countries may lack the necessary infrastructure, such drug manufacturing facilities, to make use of voluntary or compulsory licenses or the technical capacity to take advantage of opposition or revocation procedures.
-
For example, many countries may lack the necessary infrastructure, such drug manufacturing facilities, to make use of voluntary or compulsory licenses or the technical capacity to take advantage of opposition or revocation procedures.
-
-
-
-
15
-
-
84863992880
-
-
Montevideo Convention on the rights and duties of States, Article 1.
-
Montevideo Convention on the rights and duties of States, 1933, Article 1.
-
(1993)
-
-
-
16
-
-
84863991918
-
-
Although there are some notable exceptions to this, such as recognition of the Holy See, various insurgents, and so on: M. Shaw, International Law, 5th ed. (Cambridge: Cambridge University Press at 177.
-
Although there are some notable exceptions to this, such as recognition of the Holy See, various insurgents, and so on: M. Shaw, International Law, 5th ed. (Cambridge: Cambridge University Press, 2003): at 177.
-
(2003)
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-
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17
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-
34547932865
-
"The 'Not-a-Cat' Syndrome: Can the International Human Rights Regime Accommodate Non-State Actors?"
-
P. Alston, ed., Oxford : Oxford University Press, at 14
-
P. Alston, "The 'Not-a-Cat' Syndrome: Can the International Human Rights Regime Accommodate Non-State Actors?" in P. Alston, ed., Non-State Actors and Human Rights ( Oxford : Oxford University Press, 2005): at 14.
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(2005)
Non-State Actors and Human Rights
-
-
Alston, P.1
-
18
-
-
84863992878
-
-
Danzig Railway Officials, PCIJ, Series B, No. 15 4 AD, at 287.
-
Danzig Railway Officials, PCIJ, Series B, No. 15 (1928); 4 AD, at 287.
-
(1928)
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19
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84872614046
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UN Doc. CCPR/C/21/Rev.1/Add. 13. A.
-
UN Doc. CCPR/C/21/Rev.1/Add. 13. A.
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-
-
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20
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84872615252
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UN Doc. E/C.12/2000/4, para. 42 (emphasis added).
-
UN Doc. E/C.12/2000/4, para. 42 (emphasis added).
-
-
-
-
21
-
-
0345117423
-
"Maastricht Guidelines on Violations of Economic, Social and Cultural Rights,"
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3
-
"Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, " HRQ 20, no. 3 (1998): 691-704.
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(1998)
HRQ
, vol.20
, pp. 691-704
-
-
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23
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-
84872606613
-
-
See B. Tórrez, quot;Honduras: Analysis of the Impact of the Collective of Honduran Women (CODEMUH) on Workers' Rights and Occupational Health, 2002 to 2005," Oxfam International, F. McLeay, quot;Corporate Codes of Conduct and the Human Rights Accountability of Transnational Corporations - A Small Piece of a Large Puzzle," NYU School of Law, Global Law Working Paper Series 01/05, Symposium: Transnational Corporations and Human Rights (2005), at 5-6, available at <> (last visited May 10, 2012).
-
See B. Tórrez, "Honduras: Analysis of the Impact of the Collective of Honduran Women (CODEMUH) on Workers' Rights and Occupational Health, 2002 to 2005, " Oxfam International, 2008; F. McLeay, "Corporate Codes of Conduct and the Human Rights Accountability of Transnational Corporations - A Small Piece of a Large Puzzle, " NYU School of Law, Global Law Working Paper Series 01/05, Symposium: Transnational Corporations and Human Rights (2005), at 5-6, available at <> (last visited May 10, 2012).
-
(2008)
-
-
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24
-
-
84872612434
-
-
See UN Doc. A/HRC/11/12.
-
See UN Doc. A/HRC/11/12.
-
-
-
-
25
-
-
84872604265
-
-
International Federation of Pharmaceutical Manufacturers and Associations, quot;The Pharmaceutical Industry and Global Health: Facts and Figures," Issue
-
International Federation of Pharmaceutical Manufacturers and Associations, "The Pharmaceutical Industry and Global Health: Facts and Figures, " Issue 2011, at 53.
-
(2011)
-
-
-
26
-
-
84864014802
-
-
Global Policy Forum, Comparison of the World's 25 Largest Corporations with the GDP of Selected Countries, available at <> (last visited May 10, 2012).
-
Global Policy Forum, Comparison of the World's 25 Largest Corporations with the GDP of Selected Countries, 2010, available at <> (last visited May 10, 2012).
-
(2010)
-
-
-
27
-
-
84872619890
-
-
See Fortune 500's annual ranking of America's largest corporations, available at <> (last visited May 10, 2012); and International Monetary Fund, quot;Nominal GDP List of Countries for the Year 2010," World Economic Outlook Database, September 2011, available at <> (last visited May 10, 2012).
-
See Fortune 500's 2011 annual ranking of America's largest corporations, available at <> (last visited May 10, 2012); and International Monetary Fund, "Nominal GDP List of Countries for the Year 2010, " World Economic Outlook Database, September 2011, available at <> (last visited May 10, 2012).
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(2011)
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28
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-
84872603102
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UN Doc. E/CN.4/Sub.2/1995/11.
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UN Doc. E/CN.4/Sub.2/1995/11.
-
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29
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84863991924
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United Nations Conference on Trade and Development, UNCTAD, New York and Geneva, at 17.
-
United Nations Conference on Trade and Development, "World Investment Report: Transnational Corporations, Agricultural Production and Development, " UNCTAD, New York and Geneva, 2009, at 17.
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(2009)
"World Investment Report: Transnational Corporations, Agricultural Production and Development,"
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30
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84863991923
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United Nations Conference on Trade and Development, UNCTAD, New York and Geneva, at 17.
-
United Nations Conference on Trade and Development, "World Investment Report: Transnational Corporations, Agricultural Production and Development, " UNCTAD, New York and Geneva, 2009, at 17.
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(2009)
"World Investment Report: Transnational Corporations, Agricultural Production and Development,"
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31
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84872620553
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-
International Federation of Pharmaceutical Manufacturers and Associations, quot;The Pharmaceutical Industry and Global Health: Facts and Figures," Issue 2011, at 47; and International Monetary Fund, quot;Nominal GDP List of Countries for the Year 2010," World Economic Outlook Database, September 2011, available at <> (last visited May 10
-
International Federation of Pharmaceutical Manufacturers and Associations, "The Pharmaceutical Industry and Global Health: Facts and Figures, " Issue 2011, at 47; and International Monetary Fund, "Nominal GDP List of Countries for the Year 2010, " World Economic Outlook Database, September 2011, available at <> (last visited May 10, 2012).
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(2012)
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32
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85055380935
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"The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?"
-
no. 5, December
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M. Senyonjo, "The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?" International Journal of Human Rights 12, no. 5 (December 2008): at 726.
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(2008)
International Journal of Human Rights
, vol.12
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Senyonjo, M.1
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33
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84865579979
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quot;Changing International 'Subjectivity' and Rights and Obligations under International Law - Status of Corporations,"Utrecht Law Review 8, no. 1 (January 2012), available at <> (last visited May 10, 2012).
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See M. Pentikäinen, "Changing International 'Subjectivity' and Rights and Obligations under International Law - Status of Corporations, "Utrecht Law Review 8, no. 1 (January 2012), available at <> (last visited May 10, 2012).
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(2011)
-
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Pentikäinen, M.1
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34
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84863992882
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-
International Convention on Civil Liability for Oil Pollution Damage, November 29, 1969, Art.1(2) (entered into force June 19, 1975), available at <> (last visited May 10).
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International Convention on Civil Liability for Oil Pollution Damage, November 29, 1969, Art.1(2) (entered into force June 19, 1975), available at <> (last visited May 10, 2012).
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(2012)
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35
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84863992883
-
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Convention for Civil Liability for Damages Resulting from Activities Dangerous to the Environment, June 21, 1993, Art.2(6), Europ. T.S. No. 150, available at <> (last visited May 10)
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Convention for Civil Liability for Damages Resulting from Activities Dangerous to the Environment, June 21, 1993, Art.2(6), Europ. T.S. No. 150, available at <> (last visited May 10, 2012).
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(2012)
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36
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84872601419
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Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Art. 25(2)(b) defines "National of another Contracting State" to include "any juridical person which had the nationality of a Contracting State,"available at <> (last visited May 10).
-
Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Art. 25(2)(b) defines "National of another Contracting State" to include "any juridical person which had the nationality of a Contracting State, "available at <> (last visited May 10, 2012).
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(2012)
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37
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84863991925
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"NAFTA Dispute Settlement Mechanisms: An Overview,"
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Experts Workshop, Asian Institute, Munk Centre for International Studies, Toronto, at 5, May 27
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J. Kirton, "NAFTA Dispute Settlement Mechanisms: An Overview, " NAFTA and Its Implications for ASEAN's Free Trade Area, Experts Workshop, Asian Institute, Munk Centre for International Studies, Toronto, May 27, 2004, at 5.
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(2004)
NAFTA and Its Implications for ASEAN's Free Trade Area
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Kirton, J.1
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39
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84872615014
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quot;The Obligations of States with Regard to Non-State Actors in the Context of the Right to Health," Health and Human Rights Working Paper Series No. 3
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A. Clapham and M. Garcia Rubio, "The Obligations of States with Regard to Non-State Actors in the Context of the Right to Health, " Health and Human Rights Working Paper Series No. 3, 2006.
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(2006)
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Clapham, A.1
Garcia Rubio, M.2
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40
-
-
84864014806
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-
See Santa Clara County v. Southern Pacific Railroad, 118 U.S. 394
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See Santa Clara County v. Southern Pacific Railroad, 118 U.S. 394 (1886).
-
(1886)
-
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41
-
-
84864003297
-
-
See Citizens United v. Federal Elections Commission, 130 S. Ct. 876
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See Citizens United v. Federal Elections Commission, 130 S. Ct. 876 (2010).
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(2010)
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42
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84863992885
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Brief for the United States as Amicus Curiae Supporting Petitioners, No. 10-149, Kiobel v. Royal Dutch Petroleum, in the Supreme Court of the United States, available at > (last visited May 10)
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Brief for the United States as Amicus Curiae Supporting Petitioners, No. 10-149, Kiobel v. Royal Dutch Petroleum, in the Supreme Court of the United States, available at > (last visited May 10, 2012).
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(2012)
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43
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84872615791
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-
Two former UN High Commissioners for Human Rights, Mary Robinson and Sergio Vieira de Mello, have written that the term "organs of society" in the Declaration includes corporations. M. Robinson, quot;The Business Case for Human Rights," in Visions of Ethical Business, Financial Times Management (London: Financial Times Professional, 1998): 14-17, at 14; S. Vieira de Mello, quot;Human Rights: What Role for Business?"New Academy Review 2, no. 1
-
Two former UN High Commissioners for Human Rights, Mary Robinson and Sergio Vieira de Mello, have written that the term "organs of society" in the Declaration includes corporations. M. Robinson, "The Business Case for Human Rights, " in Visions of Ethical Business, Financial Times Management (London: Financial Times Professional, 1998): 14-17, at 14; S. Vieira de Mello, "Human Rights: What Role for Business?"New Academy Review 2, no. 1 (2003): 19-22, at 19.
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(2003)
, pp. 19-22
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44
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84872609187
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United States Diplomatic and Consular Staff in Tehran (United States v. Iran), ICJ Reports (1980): at 3, 42; J. Humphrey, quot;The International Bill of Rights and Implementation: Scope and Implementation,"William and Mary Law Review 17 (1976): 527-541, at 259, cited in O. Schachter, quot;International Law in Theory and Practice,"Hague Academy International Law, Recueil des Cours, 178, no. 9 (1982): at 340.
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United States Diplomatic and Consular Staff in Tehran (United States v. Iran), ICJ Reports (1980): at 3, 42; J. Humphrey, "The International Bill of Rights and Implementation: Scope and Implementation, "William and Mary Law Review 17 (1976): 527-541, at 259, cited in O. Schachter, "International Law in Theory and Practice, "Hague Academy International Law, Recueil des Cours, 178, no. 9 (1982): at 340.
-
-
-
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45
-
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84872603877
-
-
For example, the right to life, a paradigmatic first-generation, negative right, imposes a positive duty upon the state to establish and maintain law enforcement and judicial mechanisms. At the same time, the right to health, a second-generation, positive right, imposes negative duties upon the state, including the right to be free from interference by the state in matters concerning one's health, for example through non-consensual medical treatment and experimentation, and the right to be free from discrimination in access to health goods and services.
-
For example, the right to life, a paradigmatic first-generation, negative right, imposes a positive duty upon the state to establish and maintain law enforcement and judicial mechanisms. At the same time, the right to health, a second-generation, positive right, imposes negative duties upon the state, including the right to be free from interference by the state in matters concerning one's health, for example through non-consensual medical treatment and experimentation, and the right to be free from discrimination in access to health goods and services.
-
-
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46
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77955257217
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"The Changing International Legal Framework for Dealing with Non-State Actors,"
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in P. Alston, ed., Oxford : Oxford University Press, at 42.
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A. Reinisch, "The Changing International Legal Framework for Dealing with Non-State Actors, " in P. Alston, ed., Non-State Actors and Human Rights ( Oxford : Oxford University Press, 2005): at 42.
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(2005)
Non-State Actors and Human Rights
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Reinisch, A.1
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47
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67349179406
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"Making Codes of Conduct Credible: The Role of Independent Monitoring,"
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in O. Williams, ed., Notre Dame, Indiana : University of Notre Dame Press, at 221;.S. J. Frenkel and D. Scott, quot;Compliance, Collaboration, and Codes of Labor Practice: The Adidas Connection,"California Management Review 45, no. 1 (2004): 29.
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D. M. Schilling, "Making Codes of Conduct Credible: The Role of Independent Monitoring, " in O. Williams, ed., Global Codes of Conduct: An Idea Whose Time Has Come ( Notre Dame, Indiana : University of Notre Dame Press, 2000): at 221;.S. J. Frenkel and D. Scott, "Compliance, Collaboration, and Codes of Labor Practice: The Adidas Connection, "California Management Review 45, no. 1 (2004): 29.
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(2000)
Global Codes of Conduct: An Idea Whose Time Has Come
-
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Schilling, D.M.1
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48
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84864003296
-
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Sullivan Principles, available at <> (last visited May 10).
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Sullivan Principles, available at <> (last visited May 10, 2012).
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(2012)
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49
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84864003299
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MacBride Principles, available at <> (last visited May 10
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MacBride Principles, available at <> (last visited May 10, 2012).
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(2012)
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-
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50
-
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84872597934
-
-
GlaxoSmithKline's Corporate Responsibility Report has a section titled "Access to Medicines," in which there is a sub-section titled "Engaging on the human right to health." This sub-section references the company's response to the former Special Rapporteur's mission to the company in 2008. It states: "Pharmaceutical companies, including GSK, must make their medicines as affordable as possible to people in the world's poorest communities, in a sustainable manner. We must invest in research into diseases of the developing world because new prevention tools and treatments are urgently needed. We must work with others to find innovative solutions to delivering our medicines and vaccines to the people who need them most." It was available at <>.
-
GlaxoSmithKline's 2010 Corporate Responsibility Report has a section titled "Access to Medicines, " in which there is a sub-section titled "Engaging on the human right to health." This sub-section references the company's response to the former Special Rapporteur's mission to the company in 2008. It states: "Pharmaceutical companies, including GSK, must make their medicines as affordable as possible to people in the world's poorest communities, in a sustainable manner. We must invest in research into diseases of the developing world because new prevention tools and treatments are urgently needed. We must work with others to find innovative solutions to delivering our medicines and vaccines to the people who need them most." It was available at <>.
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(2010)
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51
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84863998697
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U.N. Global Compact, available at <> (last visited May 10).
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U.N. Global Compact, available at <> (last visited May 10, 2012).
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(2012)
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52
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84872613315
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United Nations Global Compact, quot;UN Global Compact Has Expelled Over 3,000 Companies," New York, available at <> (last visited May 10, 2012), February 9,
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United Nations Global Compact, "UN Global Compact Has Expelled Over 3, 000 Companies, " New York, February 9, 2012, available at <> (last visited May 10, 2012).
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(2012)
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53
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84864014808
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Organisation for Economic Co-operation and Development, OECD Guidelines for Multinational Enterprises, available at <> (last visited May 10, 2012).
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Organisation for Economic Co-operation and Development, OECD Guidelines for Multinational Enterprises, 2008, available at <> (last visited May 10, 2012).
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(2008)
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54
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33645393345
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International Labour Organisation, International Labour Office, Geneva, at para. 2, available at <> (last visited May 10, 2012).
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International Labour Organisation, The ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, International Labour Office, Geneva, 2001, at para. 2, available at <> (last visited May 10, 2012).
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(2001)
The ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy
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55
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United Nations, quot;Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights," E/CN.4/Sub.2/2003/12/Rev.2 (2003), at para. 1.
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United Nations, "Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, " E/CN.4/Sub.2/2003/12/Rev.2 (2003), at para. 1.
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56
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84864003301
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UN Doc. E/CN.4/RES/2005/69, April 20
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UN Doc. E/CN.4/RES/2005/69, (April 20, 2005) para.1(a).
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(2005)
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84864014809
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UN Doc. A/HRC/RES/8/7, June 18, 2008), available at <> (last visited May 10
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UN Doc. A/HRC/RES/8/7, (June 18, 2008), available at <> (last visited May 10, 2012).
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UN Doc. A/HRC/17/31, March 21, 2011, available at <> (last visited May 10
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UN Doc. A/HRC/17/31, March 21, 2011, available at <> (last visited May 10, 2012).
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UN Doc. A/63/263, 11 August 2008) Annex
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UN Doc. A/63/263, (11 August 2008) Annex, available at <>.
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(2008)
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84860013488
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"The New Lex Mercatoria,"
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