Intellectual Property and Human Rights from a Cosmopolitan Liberal Perspective
Genetics is one sector in which there has been tremendous evolution and progress over the last few decades. While it is believed that genetics could offer tremendous opportunities for global health improvement, there is also a fear that existing global health inequalities will be amplified by the evolution of genetics. It thus appears necessary to analyse the way current assumptions define what is just and acceptable with regard to global access and distribution of resources in this field. Indeed, given the importance of genetics to human health globally, this book will evaluate two principal legal regimes – intellectual property and international human rights – to determine to what extent they further the goal of distributing the benefits of these technologies equitably and globally. This evaluation is vital to ensure that legal regimes assist in ensuring that this promising field develops in a way that improves global health without leaving the most vulnerable outside of the process. This book will undertake this complex task by employing and building upon cosmopolitan liberal theories developed over the few last decades as an extension of the work of Rawls and Daniels. A theoretical framework to justify engaging in a global and more equitable redistribution of benefits produced by genetics is required. Ultimately, my analysis will produce strong normative benchmarks based on justice considerations for engaging in a global and more equitable redistribution of the benefits likely to emerge from genetic science. Universal consideration of all human beings, importance of health needs, normal functioning and equality of...