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On The New International Law Issues In Preventing And Controlling AIDS

Posted on:2009-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:S F HouFull Text:PDF
GTID:2166360245488118Subject:International Law
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Since 1981 AIDS was found in the United States as the first case, but now it is sweeping through the world. In 2007 AIDS patients has reached 36.1 million . AIDS has become a global public health problem. Its global spread challenges the original international law system. It is attacking the national sovereignty, and bringing about a series of new issues on international law.The intellectual property problems concerned AIDS are controversial. The AIDS-related dispute, includes the conflict between the protection of intellectual property and universal treatment for AIDS. The original intention of the intellectual property system is to protect the patenteeis rights, and promote knowledge innovation. However, because patents affect drugs prices, the developing countries, which suffer from AIDS seriously, are not in there powers to pay for the high medicine costs. To maintain the public interest, developing countries often tend to grant a patent compulsory license. It continuously set off a debate between the developed and developing countries in the patent compulsory licensing. TRIPS Agreement has been further strengthened patent protection on AIDS, and it puts the developing countries to a predicament , problems arise continuously. Therefore, it becomes more important to coordinate the conflict between the drugs patent protection and effectie treatment on AIDS .At present, for the global spread situation of AIDS , the people often not only keep a distance from them, but also discriminate against the AIDS patients . In fact, the discrimination against the AIDS patients, and the isolation approach is not conducive to fight against AIDS. Just the other way around , it is a right method to achieve the desired result on AIDS by protecing the AIDS patients'human rights effectively. Thus the human rights have become an important issue in the area of curing AIDS. AIDS patients'human rights has attracted attention of the international community, the international community has drew up a number of AIDS legislative documents and policies to protect the human rights.To prevent and cure AIDS is a systematic project, involving medical, legal, political, cultural and many other respects. It is sufficient to depend on the Sovereign State merely, so it needs extensive participation of social forces. NGOs are very important in this area, a non-governmental organization often has flexibility and high efficiency advantages. So NGOs can make up for the Government'deficiencies in the prevention and cure of AIDS.As limitations has shown in a Sovereign State's unilateral actions against the transnational AIDS, many countries gradually choose the international cooperation. It is an important function for the international community to manage the transnational disease. It runs mainly through the international organizations and inter-State cooperation. The important international organizations in the AIDS areas are the United Nations, the World Health Organization, UNAIDS. The international cooperation mainly shows in a number of areas: medical technology, laws and cultural fields, human rights and the resources to resist against AIDS. Finally,it is the cooperation between the Chinese government and the international community in the field of prevention and cure AIDS. China has always advocated and actively participate in international cooperation, and learns from the successful experience of other countries of prevention and cure AIDS. China has made some achievements in prevention and cure of AIDS, but there is also some shortage. It must persist with the work to fight against AIDS. At present, African countries are seriously affected by AIDS and China has always supported African countries, actively work with them together. In the field of AIDS, China should also give African countries great aid, mainly including health care and technical cooperation, financial material, the donation and the elimination of their debt.
Keywords/Search Tags:AIDS, intellectual property, human rights, non-governmental organizations, international cooperation
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