Why and How to Make a Treaty Crime of Medicine Counterfeiting: A Reply to Attaran, Bate and Kendall

Journal of International Criminal Justice, 2011

5 Pages Posted: 18 Aug 2011

See all articles by Benn McGrady

Benn McGrady

Georgetown University

Neil Boister

University of Canterbury - School of Law

Date Written: August 18, 2011

Abstract

In response to an article recently published in this Journal by Amir Attaran, Roger Bate and Megan Kendall regarding counterfeiting medicine, the authors dispute Attaran, Bate and Kendall’s understanding of the problem on several points. These points include the choice of a forum such as the WHO for treaty negotiations and the neglect of the pre-existing UN criminal justice framework. The authors conclude that the issue raised by Attaran, Bate and Kendall concerns three sometimes conflicting constituencies — health, customs and criminal justice. Therefore, the authors claim, the problem is better contextualized and handled in a ‘forum familiar’ to criminal law.

Suggested Citation

McGrady, Benn and Boister, Neil, Why and How to Make a Treaty Crime of Medicine Counterfeiting: A Reply to Attaran, Bate and Kendall (August 18, 2011). Journal of International Criminal Justice, 2011. Available at SSRN: https://ssrn.com/abstract=1911925

Benn McGrady (Contact Author)

Georgetown University ( email )

Washington, DC 20057
United States

Neil Boister

University of Canterbury - School of Law ( email )

Ilam Road
Christchurch 8140
New Zealand
+64 3 364 2987 ext 8780 (Phone)

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