This paper examines how the courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights on pharmaceutical products and the right to health. The paper begins by examining the nature of the relationship between patent rights and the right...

Twenty years ago, on early morning of 7 October 1998, a mountain bike rider cycling through the prairies surrounding Laramie, Wyoming, casually bumped into the body of a 21-year-old boy. His hands were tied to a fence with an iron thread and his face had been so badly disfigured that he...

The European Community is about to enlarge its de facto constitution by a fundamental rights charter. It is intended to become legally binding, at least in the long run. If it is, it will profoundly change the political opportunity structure between the Community and its Member States, among the...

Regulation is almost a synonym for public law. Government, relying on its sovereign powers, intervenes into freedom for the sake of social betterment. Reality less and less coincides with this traditional picture. Regulation is increasingly replaced by private or hybrid governance, i.e., by...

There are three prominent criticisms directed against those engaging with human rights practice: First, the claim that human rights norms effectively erase the local in favor of an abstract universal; second, that human rights enterprises fail to appreciate its Western colonial continuities; and...