Normative Foundations of Technology Transfer and Transnational Benefit Principles in the UNESCO Universal Declaration on Bioethics and Human Rights
Thomas Alured Faunce
Australian National University; Australian Research Council
Australian National University - ANU College of Law
Journal of Medicine and Philosophy, April 23, 2009
The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application.
Number of Pages in PDF File: 26
Keywords: Technology transfer, transnational benefit, social responsibility principle, UNESCO, Universal Declaration on Bioethics and Human Rights, Multinational Corporations
JEL Classification: Journal of Medicine and PhilosophyAccepted Paper Series
Date posted: May 12, 2009 ; Last revised: September 23, 2009
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