Human rights and human needs: Diverse moral principles justifying third world access to affordable hiv/aids drugs

Abstract
This article demonstrates two propositions. First, that moral discourse has played an important role on the transformation of international trade law. In the case of the initial linkage of intellectual property and international trade prior to the founding of the WTO, moral discourse played a complementary role to overwhelming economic pressures. Introducing such language as "stealing" and "piracy" into the IP debate enabled the pharmaceutical industry to change the global perception of the moral and economic status of IP and thereby contributed to the enactment of the TRIPS Agreement. In the case of the Doha Declaration, however, moral discourse played an even more crucial role. Through powerful articulation of cogent moral arguments, relatively weak third world countries and AIDS activists were able to obtain important concessions on relaxing patents in times of national emergencies and on parallel importing issues. A second objective of this paper is to demonstrate that appeal to human rights is not the exclusive form of moral discourse that can lead to the view that poor citizens of third world countries should have affordable access to AIDS/HIV drugs. While there is great moral power to human rights discourse, there is also great power in other forms of discourse, e.g. utilitarian principles such as the theory of rescue and even the philosophically controversial notion of supererogatory duties. The article carefully parses the moral language of activists and NGOs in the successful effort to bring about the Doha Declaration. This analysis demonstrates that an appeal to human rights is not the only way to inspire decisive action and achieve human betterment.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 11,802
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA

No citations found.

Similar books and articles
Analytics

Monthly downloads

Added to index

2009-06-12

Total downloads

7 ( #192,228 of 1,099,740 )

Recent downloads (6 months)

1 ( #303,379 of 1,099,740 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.