Decolonising Human Rights Law in Global Health - the Impacts of Intellectual Property Law on Access to Essential Medicines : A Perspective from COVID-19 Pandemic

Journal article


Zaman, Khorsed. (2024). Decolonising Human Rights Law in Global Health - the Impacts of Intellectual Property Law on Access to Essential Medicines : A Perspective from COVID-19 Pandemic. BMJ Global Health. pp. 1-18. https://doi.org/10.1017/S2044251323000747
AuthorsZaman, Khorsed
Abstract

The global impacts of COVID-19 have been calamitous, unleashing widespread human suffering and exacerbating health crises, all while worsening pre-existing inequalities and transgressing fundamental human rights. Despite earnest pleas from the United Nations and developing nations for an equitable distribution of COVID-19 vaccines, these appeals were largely unheeded. Instead, major pharmaceutical manufacturers and high-income countries (HICs) had maintained a stranglehold on vaccine technology through the safeguarding of intellectual property rights (IPRs), leading to exorbitant pricing and preferential distribution to affluent regions. This vaccine hoarding has left low- and middle-income countries (LMICs) with delayed and insufficient supplies, endangering the lives of the most vulnerable. The stringent enforcement of IPRs mechanisms, rather than aligning with international human rights obligations, has further marginalised the right to life, health, and access to vaccines and medicines, particularly in LMICs. This study ardently advocates for a policy shift that promotes the decolonisation of human rights in the context of IPRs and global health law.

KeywordsHuman rights; access to medicines; global health; neo-colonialism; decolonization; COVID-19; intellectual property rights; TRIPS
Year01 Jan 2024
JournalBMJ Global Health
Journal citationpp. 1-18
PublisherCambridge University Press
ISSN2044-2521
Digital Object Identifier (DOI)https://doi.org/10.1017/S2044251323000747
Web address (URL)https://www.cambridge.org/core/journals/asian-journal-of-international-law/article/decolonizing-human-rights-law-in-global-health-the-impacts-of-intellectual-property-law-on-access-to-essential-medicines-a-perspective-from-the-covid19-pandemic/9D94B9E4539B6CC40491CC8F74BE0632
Open accessPublished as ‘gold’ (paid) open access
Research or scholarlyResearch
Page range1-18
Publisher's version
License
File Access Level
Open
Output statusPublished
Publication dates
Online18 Jan 2024
Publication process dates
Accepted17 Oct 2023
Deposited12 Jun 2024
Additional information

© The Author(s), 2024. Published by Cambridge University Press on behalf of the Asian Society of International Law.

This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence ( http://creativecommons.org/ licenses/by/4.0/ ), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.

Place of publicationUnited Kingdom
Permalink -

https://acuresearchbank.acu.edu.au/item/909yy/decolonising-human-rights-law-in-global-health-the-impacts-of-intellectual-property-law-on-access-to-essential-medicines-a-perspective-from-covid-19-pandemic

Download files


Publisher's version
OA_Zaman_2024_Decolonizing_human_rights_law_in_global.pdf
License: CC BY 4.0
File access level: Open

  • 24
    total views
  • 15
    total downloads
  • 0
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Incorporating an investment facilitation agreement within the WTO : A policy response belying its relevance to the WTO and its majority developing\LDC members
Islam, M. Rafiqul and Zaman, Khorsed. (2023). Incorporating an investment facilitation agreement within the WTO : A policy response belying its relevance to the WTO and its majority developing\LDC members. International Trade and Business Law Review. pp. 1-32.
Liberalization of Higher Education Services: Exploring the Prospects and Challenges Under the ‘Australia-Bangladesh Trade and Investment Framework Agreement’
Islam, M. Rafiqul and Zaman, Khorsed. (2023). Liberalization of Higher Education Services: Exploring the Prospects and Challenges Under the ‘Australia-Bangladesh Trade and Investment Framework Agreement’. Global Trade and Customs Journal. 18(6), pp. 228-240. https://doi.org/10.54648/gtcj2023026
The waiver of certain intellectual property rights provisions of the trips for the prevention, containment and treatment of COVID-19 : A review of the proposal under WTO jurisprudence
Zaman, Khorsed. (2022). The waiver of certain intellectual property rights provisions of the trips for the prevention, containment and treatment of COVID-19 : A review of the proposal under WTO jurisprudence. European Journal of Risk Regulation. 13(2), pp. 295-310. https://doi.org/10.1017/err.2021.60
Australia-China dispute over barley trade at the WTO : Challenges ahead and possible outcomes for Australia
Islam, M. Rafiqul and Khorseduzzaman, Khorsed. (2022). Australia-China dispute over barley trade at the WTO : Challenges ahead and possible outcomes for Australia. Global Trade and Customs Journal. 17(1), pp. 25-35. https://doi.org/10.54648/gtcj2022004
Minimising the International Investment Tribunal’s expansive treaty interpretation : Is ‘renegotiation’ of investment treaties a better strategy for host developing countries?
Zaman, Khorsed and Islam, M. Rafiqul. (2022). Minimising the International Investment Tribunal’s expansive treaty interpretation : Is ‘renegotiation’ of investment treaties a better strategy for host developing countries? International Trade and Business Law Review. 23, pp. 3-44.
An appraisal of “farmers’ rights” under the New Plant Variety Protection Act of Bangladesh : Is it a success story?
Zaman, Khorsed. (2021). An appraisal of “farmers’ rights” under the New Plant Variety Protection Act of Bangladesh : Is it a success story? European Intellectual Property Review. 43(3), pp. 194-202.
The proposal to the WTO for a new patent waiver on Covid-19 vaccines and pharmaceuticals : Is It necessary under TRIPS?
Khorseduzzaman, MD and Islam, M Rafiqul. (2021). The proposal to the WTO for a new patent waiver on Covid-19 vaccines and pharmaceuticals : Is It necessary under TRIPS? European Intellectual Property Review. 43(10), pp. 645-653.
Protection of intellectual property rights for agricultural innovations : Evaluating Bangladesh’s progression towards the international plant variety protection regime
Zaman, Khorsed. (2021). Protection of intellectual property rights for agricultural innovations : Evaluating Bangladesh’s progression towards the international plant variety protection regime. Journal of Intellectual Property Law and Practice. 16(7), pp. 677-691. https://doi.org/10.1093/jiplp/jpaa213
Blocking the trade in Mode 4 services and its impacts on the ongoing refugee crisis and migrant trafficking
Zaman, Khorsed. (2016). Blocking the trade in Mode 4 services and its impacts on the ongoing refugee crisis and migrant trafficking. Manchester Journal of International Economic Law. 13(3), pp. 389-406.
Deadly Migrant Trafficking Trade by Sea and Restrictive Service Trade by the WTO : Unmasking the Linkage for the Liberalization of Labour-Intensive Service Trade
Islam, M Rafiqul and Khorseduzzaman, MD. (2015). Deadly Migrant Trafficking Trade by Sea and Restrictive Service Trade by the WTO : Unmasking the Linkage for the Liberalization of Labour-Intensive Service Trade. Journal of International Trade Law and Policy. 14(2), pp. 86-104. https://doi.org/10.1108/JITLP-08-2015-0022
The TRIPS Patent Protection Provisions andTheir Effects on Transferring Climate ChangeTechnologies to LDCs and Poor DevelopingCountries : A Critical Appraisal
Khorseduzzaman, MD. (2013). The TRIPS Patent Protection Provisions andTheir Effects on Transferring Climate ChangeTechnologies to LDCs and Poor DevelopingCountries : A Critical Appraisal. Asian Journal of International Law. 3(1), pp. 137-161. https://doi.org/10.1017/S2044251312000185
Determining a "Reasonable" Implementation Timeline for Developing Countries in WTO Disputes : An Appraisal of Special Treatment Commitments in DSU Article 21.3 (C) Arbitrations
Khorseduzzaman, MD. (2013). Determining a "Reasonable" Implementation Timeline for Developing Countries in WTO Disputes : An Appraisal of Special Treatment Commitments in DSU Article 21.3 (C) Arbitrations. The Law and Practice of International Courts and Tribunals: a practitioners' journal. 12(1), pp. 31-47. https://doi.org/10.1163/15718034-12341243
Looming global warming-induced sea rise and transfer of green technology to the least-developed countries : challenges and options for submersible Bangladesh
Islam, M. Rafiqul and Khorseduzzaman, MD. (2010). Looming global warming-induced sea rise and transfer of green technology to the least-developed countries : challenges and options for submersible Bangladesh. European Intellectual Property Review. 32(12), pp. 643-652. https://doi.org/10.3316/agispt.20230805092694
Market Access for LDCs under the Hong Kong Ministerial of the WTO : Outcomes for Bangladesh
Islam, M Rafiqul and Khorseduzzaman, MD. (2006). Market Access for LDCs under the Hong Kong Ministerial of the WTO : Outcomes for Bangladesh. Journal of World Investment and Trade. 7(3), pp. 383-406. https://doi.org/10.1163/221190006X00234