The Legal Significance of the Declarations of the General Assembly of the United Nations

Asamoah, Obed Y.

doi:10.1007/978-94-011-9495-2

Cited by 70 publications

(4 citation statements)

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“…Abello- Galvis and Arévalo-Ramirez 2020, 410 This is the kind of exercise that bodies with treaty-drafting (Peterson 2005) powers, such as the UNGA, should aim to implement in the coming years to collectively tackle global issues, such as the environment or pandemics, not only with resolutions but also with binding instruments (Asamoah 2012).…”

Section: Regional Lessons For the Un: Linking Biological Diversity An...mentioning

confidence: 99%

Challenges for the Coming Years: Learning Regional Lessons on Environmental Protection and Achieving the Participation of Indigenous Peoples in the United Nations System

Arévalo-Ramírez¹

2022

Does the UN Model Still Work? Challenges and Prospects for the Future of Multilateralism

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Section: Regional Lessons For the Un: Linking Biological Diversity An...mentioning

confidence: 99%

Challenges for the Coming Years: Learning Regional Lessons on Environmental Protection and Achieving the Participation of Indigenous Peoples in the United Nations System

Arévalo-Ramírez¹

2022

Does the UN Model Still Work? Challenges and Prospects for the Future of Multilateralism

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“…Most importantly, the binding character of international organization declarations depends on their ability to influence subsequent state practice, either by leading to the formation of customary rules or by facilitating the conclusion of subsequent agreements. Before that, the recommendations contained in these instruments remain merely hortatory (Asamoha, , pp. 244–245; Hannum, , pp.…”

Section: Interpreting the Provision: “Protection Against Unfair Commementioning

confidence: 99%

The 13th Round: Article 39(3) TRIPS and the struggle over “Unfair Commercial Use”

Alì

2018

World Intellectual Property

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Property Rights (TRIPS) was the first international agreement to provide for some form of protection for regulatory information submitted by companies in order to obtain marketing authorization for a pharmaceutical product.Nevertheless, after more than 20 years from the formation of the agreement, the ultimate meaning of Article 39 (3) thereof remains contentious among scholars and governments. In detail, it is still debated whether the provision mandates for some form of protection against the practice to authorize generic drugs by relying upon the clinical dossier submitted by drug developers or if it tackles otherwise unlawful conducts as data theft and espionage in the pharmaceutical sector. By reassessing the relevant literature on the topic, and by combining old and new arguments, the present paper argues that Article 39(3) does address regulatory reliance practices. However, it also emphasizes that the impact of the provision on developing countries pharmaceutical policies is greatly mitigated by the flexibility left to WTO members to approve generic drugs by referring to prior foreign authorizations. Finally, the paper concludes by reflecting on an issue often overlooked by commentators, that is, the amount of protection necessary to comply with Article 39(3).

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“…Some UN declarations purport to reformulate existing principles of interna tional law and are thus perceived as articulations of binding norms; others are mere exhortations to member states to adopt the principles specified therein (Asamoah, 1966).…”

Section: See Rawls (1971)mentioning

confidence: 99%

Third parties: victims and the criminal justice system

Sebba¹

1997

Choice Reviews Online

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The Legal Significance of the Declarations of the General Assembly of the United Nations

Cited by 70 publications

References 0 publications

Challenges for the Coming Years: Learning Regional Lessons on Environmental Protection and Achieving the Participation of Indigenous Peoples in the United Nations System

Challenges for the Coming Years: Learning Regional Lessons on Environmental Protection and Achieving the Participation of Indigenous Peoples in the United Nations System

The 13th Round: Article 39(3) TRIPS and the struggle over “Unfair Commercial Use”

Third parties: victims and the criminal justice system

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