NEWS: 09:30:2022

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels, as well as relevant case law. News and Events with a Global South focus are also often included.

The Protection of Foreign Investments: The Zhongshan Investment Claim and Lessons for Nigeria

This note discussed how the protection of foreign investors work with the recent investment claim by Zhongshan against Nigeria as an example. It highlighted that investment treaties and investor-State arbitration protect the interests of foreign investors and provide them the mechanism to enforce their acquired rights at the international level. More importantly, the piece argues that the investment award provides an opportunity for lessons for Nigeria, especially on the need for those that act under the mandate of the State, at any level, to be aware of Nigeria’s international obligations, including towards foreign investors and the far-reaching implications of their actions.

The 26th Afronomicslaw.org Academic Forum Guest Lecture: Neoliberalism, Transformative Constitutions and Sites of Struggle: The Kenyan Case Study

The Academic Forum is an inclusive and accessible forum that brings together undergraduate and graduate students as well as early career researchers from across the world interested in international economic law issues as they relate to Africa and the Global South. Its goals are to encourage and build core research skills in teaching, research, theory, methods and writing; developing content for Afronomicslaw.org and where possible to encourage authors to submit to the African Journal of International Economic Law; holding workshops and masterclasses on core research skills in teaching, research, theory, methods and writing; and organizing annual poster/essay competitions on international economic law issues.

Fifty First Sovereign Debt News Update: Africa and the Controversies Surrounding International Sovereign Credit Rating Agencies

The African Sovereign Debt Justice Network brings to you an update of African sovereign debt news and updates on events and happenings on and about Africa that reveal how sovereign debt issues are engaged by the various stakeholders.

NEWS: 09.22.2022

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels, as well as relevant case law. News and Events with a Global South focus are also often included.

Book Review: Patents, Human Rights, and Access to Medicines, Emmanuel Kolawole Oke, Cambridge University Press, (2022)

Equitable access to medicines and vaccines are key determinants of a country’s resilience to emerging health threats. As the world tries to figure out how to live alongside the SARS-CoV2 virus with the constant threats of emerging variants and new waves, several challenges remain globally for the supply of and access to medicines. For example, the AIDS drugs access crisis, which highlighted the challenges in accessing lifesaving medicines and vaccines. People all over the world are affected by the crisis which is a result of either unavailability or unaffordability.

Chapter 6: A Valuable Contribution in Understanding the Influence of the Right to Health on Modern Indian Patent Law

In his illuminating book ‘Patents, human rights, and access to medicines’, Emmanuel Oke provides a lucid exposition of the intersection between patent law and the human right to health, through an exploration of judicial engagement with this intersection by courts in three developing countries: India, Kenya and South Africa. The book represents a thorough and comprehensive evaluation of a vitally important subject that has not received the kind of sustained scholarly attention that Oke bestows on it. In this post, I shall review chapter 6 of the book, titled ‘India as a case study’.

Incorporating a Model of Human Rights into the Adjudication of Pharmaceutical Patent Cases (Part Two) South Africa as a Case Study - Book Review

Oke’s book Patents, Human Rights and Access to Medicines, is a timely and valuable contribution to the literature in this area. Its timeliness is due to the global context of the COVID-19 pandemic since 2019. The discussion of the import of patents to access to medicines, from a human rights lens is a critical endeavour which has been undertaken by several scholars. The seminal Intellectual Property, Human Rights and Access to Medicines-A Selected and Annotated Bibliography, now in its 3rd edition (Velásquez, Correa and Ido, 2020) curates the majority of this literature.

Book Review: Patents, Human Rights, and Access to Medicines

The book discusses the manner in which patent rights adversely affect access to medicines by developing countries and proposes ways to mitigate this. From the author’s point of view, the current international patent rights system as embodied in the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is too concerned with protecting the interests of innovators at the expense of all other users. In this way, the TRIPS Agreement, by introducing mandatory minimum and stronger standards for the protection of patent rights, has provided an incentive for pharmaceutical companies to charge inflated prices while concentrating their investments mainly towards diseases that affect developed countries. Further, the TRIPS Agreement has diminished the policy space available for developing countries to design patent regimes that are suitable for their developmental and technological needs and circumstances.

In Search of a Suitable Theoretical Justification for Patent Rights

The book is a must-read for policymakers, governments, regional communities, students, researchers, health practitioners and anyone that may be interested in 'the access to medicine for all' campaign. The depth of analysis and critical thinking renders the author's arguments very persuasive and practical. It will stimulate the readers to view patent law and policy as a ‘work in progress’ rather than being ‘cast in stone’ and get them thinking about how it can be further improved. The book is highly recommended.