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This is the first of six chapters exploring the applicability of the innovative ownership principle ‘common heritage of mankind (CHM)’ as found in international law to the human genome and provides some starting points for the construction of a governance regime for the human genome based on the common heritage of humanity. It addresses the following questions: Is the human genome a common heritage of humanity? How is it linked to human rights? What is the basis of the common heritage principle? What is the relationship between the common heritage principle and patenting? Chapter One approaches the issue of governance from a historical perspective and takes a look at the earliest efforts at establishing legal rules on bioethical issues. The issue of consent was at the heart of the Nuremberg Code, which was a code formulated by judges from various Western countries sitting in judgment during the trial of medical doctors who carried out cruel experiments on prisoners and other people during the Nazi regime. This was the first attempt to establish legal rules in bioethics issues. The second phase of international bioethics rules has begun with more advances in science and technology and a spate of national legislation and rules by self governing professional bodies to protect subjects of experimentation and treatment. The new wave of rule making also has as its aim the protection of human rights, including economic and social rights. It is hoped that bioethical rules would strengthen their implementation. The major concerns that have been flagged up by the international community are about the ‘post human’ (following from Francis Fukuyama’s usage of the term) future of humanity, where humans would have dramatically advanced capabilities, and concerns about equitable distribution of benefits. The new field of international bioethical law should concern itself with the two big questions: What should the ‘post human’ future of man look like? and how can we ensure that the benefits of human genome research are distributed to the whole of humanity? This following chapters are mainly concerned with the second question.
Proceedings of the ASIL Annual Meeting, 2002
Genomics, 1996
health practices in the light of changing social norms 1 .
APSA 2010 Annual Meeting Paper, 2010
Draft 2 PAPER ABSTRACT: Jean Guilleman (MIT 2007) establishes the Bush Administrationʼs logic of national security for biological weapons as dichotomous between their choice of a self-governed code of "right" behavior and "effective" legal restraints. A compromise system resulted after the cold war that delivered responsibility for the operation of the system to state-based and international scientific academies and organizations. Scientific procedures to create transparency in research for the purpose of preventing applications to bioweaponry and bioterror is a rational activity and should have high utility as implemented by rational actors within rational scientific organizations. However, a major concern is the empirical record of scientists acting in past events as if in a moral vacuum -where research and engineering were achieved for human destruction and state weapons and terror. Guilleman argues that rational methods of codes of behavior must be combined with transparency in open research communities that do not morph into closed enclaves over time. We seek to add to this logic by investigating a further dimension within this particular scientific community.
2008
The sequencing of the entire human genome has opened up unprecedented possibilities for healthcare, but also ethical and social dilemmas about how these can be achieved, particularly in developing countries. This thesis examines two of the several international responses these dilemmas have spawned: the suite of declarations on genetics and bioethics adopted between 1997 and 2005 by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Global Genomics Initiative proposed by the Toronto Joint Centre for Bioethics (TJCB). Through these initiatives, UNESCO and TJCB hope to promote the ethical governance of genetic and biomedical research, which is often conducted on an international basis. The thesis draws on interview, documentary and observational data, collected in Kenya and South Africa and from UNESCO, to assess the actual and potential efficacy of these two governance mechanisms, in terms of protecting individual research participants and reducing ...
The Journal of Law, Medicine & Ethics, 2004
is mandatory that in building up our strength, we enlarge upon our technical superiority by an accelerated exploitation of the scientific potential of the United States and our allies." National Security Council, NSC-G8: United States Objectives and Program for National Security, April 14, 19501 "Innovation within the armed forces will rest on experimentation with new approaches to warfare, strengthening joint operations, exploiting U.S. intelligence advantages, and taking full advantage of science and technology." George W Bush, m e National Security Strategy of the United States of America,
Bulletin of the World Health Organization, 2002
Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of ‘‘universal ethics’’ that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning.
Chapter two looks at one specific area of bioethical law, namely governance of the human genome and elaborates the efforts at the United Nations Educational Scientific and Cultural Organisation at making rules for regulating human genome research. The 1997 Universal Declaration on the Human Genome and Human Rights is the product of UNESCO’s efforts. The common heritage of mankind is an important, yet controversial principle of this declaration. It is controversial because the application of the common heritage of humanity is perceived as precluding intellectual property rights protection on gene sequences and other products of research. Even those that are in favour of an application of the CHM agree that tagging the genome with the common heritage notion is only the first step towards elaborating a common heritage regime. In the next chapter the concept of the common heritage of humanity will be studied in the context of the law of the sea and the moon treaty so as to understand it better. This is the second of six chapters exploring the applicability of the innovative ownership principle ‘common heritage of mankind (CHM)’ as found in international law to the human genome and provides some starting points for the construction of a governance regime for the human genome based on the common heritage of humanity. It addresses the following questions: Is the human genome a common heritage of humanity? How is it linked to human rights? What is the basis of the common heritage principle? What is the relationship between the common heritage principle and patenting?
Portal de Libros de la Universidad Nacional de La Plata, 2020
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Modern Diplomacy, 2024
In: Emberling, Geoff and Bruce Beyer Williams. The Oxford Handbook of Ancient Nubia. New York 2021, 29-47., 2020
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