Vindicating the Rights of People Living with AIDS Under the Alien Tort Claims Act
Margaret B. Kwoka
University of Denver Sturm College of Law
September 24, 2008
Loyola University Chicago Law Journal, Vol. 40, p. 643, 2009
Northeastern University School of Law Research Paper No. 1273373
Life-saving medications currently do not reach the vast majority of people in the developing world living with AIDS. This is not an accident; pharmaceutical companies, defending their patents literally to the death, systematically pressure, manipulate, and threaten governments of developing countries to "respect" the intellectual property rights of U.S. corporate giants at the expense of the health and life of their populations. Having developed the international trade regime stacked in favor of U.S. corporate interests, pharmaceutical companies now go even further; they sue governments exercising the few remaining legal options for accessing low-cost medicines. This Article argues that this type of abuse of the legal system violates the human rights of people living with AIDS for whom hope of treatment remains a distant dream, and that the Alien Tort Claims Act presents one vehicle for the vindication of their rights.
Number of Pages in PDF File: 47
Keywords: AIDS, Alien Tort Claims Act, TRIPS Agreement, ATCA, ATS, Alien Tort Statute, Human Rights, International Law, South Africa Medicines ActAccepted Paper Series
Date posted: September 26, 2008 ; Last revised: October 7, 2009
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