Intellectual Property Rights and the Potential for Universal Access to Treatment: trips,acta and hiv/aids medicine

Where hiv/aids is concerned, the twin goals of ‘zero new infections’ and an ‘aids-free generation’ are now, due to advances in treatment (and treatment as prevention), a realistic possibility. However, these goals can only be achieved through the scaling-up of treatment to the point of universal access. It is inevitable that the success of any scaling-up will be predicated on cost, particularly of hiv/aids medicines. This article argues that recent changes in the global intellectual property landscape—effected by way of bilaterally- and plurilaterally-negotiated trade agreements initiated by developed countries—jeopardise the target of universal access. Enhanced protection of international intellectual property rights increasingly poses a threat to the development of, and international trade in, generic medicines. Unless developing countries move to reinvigorate moribund multilateral institutions, particularly the wto, they will lose control of the intellectual property agenda, and thus the ability to impose an alternative vision regarding universal access.     

When ‘development’ devastates: donor discourses,access to hiv/aids treatment in Africa and rethinking the landscape of development

If globalisation is the mighty tremor shaking the landscape of the ‘project of development’, then, in certain regions of the world, hiv/aids is surely its epicentre. Nonetheless, for all the burden of the disease, Western donor policy on hiv/aids still remains largely silent about the provision of anti-retroviral treatment. This paper seeks explanations for this pervasive medical neglect and donor preference for prevention programmes over treatment. The postcolonial approach taken in the paper is to regard donor policy on hiv/aids—as illustrated by the UK's Department for International Development and the Norwegian Agency for Development Co-operation—as cultural and political exchanges framed by prevailing representations of Africa. The different ‘logics’ which skew policies towards prevention are identified. For donors and African states alike, hiv/aids policies—like development interventions more generally—would benefit immensely by foregrounding the human right to health, including, critically, promoting treatment within a genuine ‘prevention–care–treatment’ policy continuum.     

The hares,the hounds and the African National Congress: on joining the Third World in post-apartheid South Africa

The utility of framing questions of global inequality in relation to a ‘First World’ and a ‘Third World’, a North and a South, or developed countries and developing (or underdeveloped) countries, has been much debated since the end of the Cold War. This article addresses the issue of the perceived weaknesses and possible continued strengths of the notion of the ‘Third World’ in general terms, and then grounds such a discussion through an analysis of the way that the African National Congress (anc) government in post-apartheid South Africa has approached the question of global inequality. Since its election in 1994, and more particularly since Thabo Mbeki succeeded Nelson Mandela as president, the anc has presented itself as having an especially important leadership role on behalf of the Third World. The profound contradictions inherent in the anc's effort both to retain its Third Worldist credentials and to present itself as a reliable client to the Bretton Woods institutions and foreign investors provides insights into how to design alternative strategies for overcoming world-wide poverty, strategies which might be more effective than those chosen by the anc. Since the anc was elected to government in 1994 it has pursued a brand of deeply compromised quasi-reformism, analysed here, that serves primarily to deflect consideration away from the options presented by other, much more meaningfully radical international and South African labour organisations, environmental groups and social movements. At the present juncture a range of increasingly well-organised grassroots movements in South Africa find that they have no choice but to mobilise in active resistance to the bankrupt policies of the anc. The increasing significance of these efforts points to the possibility that they might eventually be able to push South Africa—either through a transformation of the anc itself or through the creation of some new, potentially hegemonic, political project in that country—back into the ranks of those governments and groups that seek to use innovative and appropriately revolutionary approaches to challenge the geographical, racial and class-based hierarchies of global inequality.     

Hamas and its Vision of Development

The International Security Assistance Force (isaf) deployed in Afghanistan has played a critical role in that country's transition. Without its security and peace-stabilising contributions, the government of President Hamid Karzai and its international supporters would, arguably, not have been able to move Afghanistan on a path of stabilisation and reconstruction. Yet the isaf has also suffered from certain shortcomings, arising mainly from policy differences and tensions between the USA and some of its nato allies. Even so, the isaf model is worth studying closely for future international deployments in other conflict zones.     

South–South cooperation and the international development battlefield: between the oecd and the UN

This article discusses the transformation in development architecture, focusing on the role of emerging powers and the growing relevance of South–South cooperation (ssc). Drawing on a conceptual toolkit based on the work of Pierre Bourdieu, it aims to approach ssc as a narrative and to understand the processes of contestation that have turned international development into a battlefield since the end of the 1990s. The article argues that the emergence of ssc has contributed to decentring the field of international development, both in terms of the agents authorised to play and the practices considered legitimate. Within this process the Global Partnership for Effective Development Cooperation, led by the oecd’s Development Assistance Committee, and the United Nations Development Cooperation Forum have become two sites on the battlefield on which the borders of international development are being redrawn.     

The State Elite,PRSPs and Policy Implementation in Aid-dependent Ghana

This article describes and explains the impact of the donor-driven Poverty Reduction Strategy Paper (PRSP) and the aid modalities surrounding it in Ghana. It focuses on the period in which the New Patriotic Party (NPP) government was in power from 2001 until 2008, but places this within the broader context of aid dependence in Ghana since the 1980s. It is argued that the PRSP documents produced by the government had little impact on implementing policy actions, but rather their function was to secure debt relief and the continuation of foreign aid from official donors. The article examines what was actually implemented during the NPP government and the factors that influenced those actions. More generally it highlights the constraints Ghanaian governments have faced in pursuing economic transformation within contemporary domestic and international contexts.     

South–South cooperation and the future of development assistance: mapping actors and options

International development cooperation is undergoing fundamental changes. New – or often re-emerging – actors have gained importance during the past two decades, and are increasingly challenging the traditional approach to development cooperation associated with the members of the Development Assistance Committee of the oecd. Their supposedly alternative paradigm, ‘South–South cooperation’ (ssc), has been recognised as an important cooperation modality, but faces contradictions that are not too different from those of its North–South counterpart. ssc providers are highly heterogeneous in terms of policies, institutional arrangements, and engagement with international forums and initiatives. This article contributes to current debates on ssc by mapping the diversity of its actors – based on illustrative case studies from the first and second ‘wave’ of providers – and by presenting and discussing some possible scenarios for the future of ssc within the international aid system.     

Capacity building and the (re)production of intellectual property rights

There is little settled or uncontested about the trips agreement and the global governance of intellectual property rights (iprs). This suggests that the provision of training and technical assistance to build capacity is itself part of the reproduction of the dominant (trips constituted) view of iprs and is therefore a political project rather than merely technical provision. On one side many developing countries' elites and governments are keen to join the international trading community and see the need to adopt the increasingly universalised rules of the system as part of this process. On the other hand, there are vocal constituencies less supportive of an unqualified adoption of trips‐related standards of legal protection for iprs. Given the continuing importance of legal structures to underpin and constitute markets (and this is most especially the case in markets for knowledge and information), the processes by which the trips solution to the question of knowledge ownership is being globalised through technical training needs to be understood and analysed.     

Co-Producing with FBOs: lessons from state–madrasa engagement in the Middle East and South Asia

Forging partnerships for development is one of the eight Millennium Development Goals. While faith-based organisations (fbos) are receiving growing attention within development policy as important non-state service providers, they are assumed to be less conducive to forging partnerships with governments or development organisations than secular ngos due to their allegiance to specific religious beliefs. Analysing the dynamic of engagement between the state and madrasas (the most prominent fbo in the Muslim world) in six countries across two geographical regions—the Middle East (Egypt, Syria, Turkey), and South Asia (Pakistan, India, Bangladesh)— the paper counters the assumption that fbos are less likely to enter into negotiations, demonstrate flexibility, and engage in the strategic bargaining often involved in forging such partnerships. Like ngos, fbos respond to socio-political and economic incentives and enter into a variety of relationships with the state, ranging from co-operation to conflict. The defining feature in building a cooperative relationship is the level of trust between the negotiators on the two sides.     

Assessing the G77: 50 years after unctad and 40 years after the nieo

This article views the history of the Group of 77 through the lens of its relations with unctad’s establishment in 1964, its unsuccessful struggle for the nieo in the 1970s, and the subsequent loosening of ties. The debt crisis of the 1980s, the Uruguay Round negotiations, and the arrival of the wto are seen as crucial forces unravelling the previously close links. Growing differentiation among developing countries and the changing leadership of the G77 are also cited as important influences on its current relationship with unctad.     

Towards an Emancipatory International Law: the Bolivarian reconstruction

In this article, we argue that a unique South American treaty known as ALBA—the Bolivarian Alliance for the Americas—puts forward a cohesive counter-vision of international law rooted in notions of complementarity and human solidarity. We further argue that Third World Approaches to International Law (TWAIL) scholars might use this initiative as a springboard to push forward a long-overdue reform of the international legal regime. While, on its own, ALBA is unlikely to pose much of a challenge to the structural imbalances that permeate global society, when juxtaposed alongside the many initiatives of the Bolivarian Revolution, it appears to possess significant democratic potential. With both scholarly and popular support, ALBA may even have the capability of sparking a renewal of a united Third World movement.     

The Asian Development Bank and Developmental Regionalism in East Asia

The Asian Development Bank (adb) has made increasingly important contributions to Asia's (and particularly East Asia's) regionalism over recent years, and especially since Haruhiko Kuroda became the Bank's president in February 2005. This paper argues that the adb's role here has become more significant because of the strong ‘developmental’ characteristics of East Asia's new regionalism. This is not least because, as a regional development bank, the adb has a predilection for linking development, regionalism and capacity-building together when promoting regional co-operation and integration (rci) in Asia. We may refer to this as ‘developmental regionalism’, where rci activities are particularly orientated to enhancing the economic capacity and prospects of less developed countries with the view of strengthening their integration into the regional economy, and thereby bringing greater coherence to regional community building overall. This analysis is partly based on field research undertaken by the author involving a series of research interviews conducted amongst adb officials and with outside analysts of the organisation. It first examines the evolution of the Bank's stance and policies on rci, and the impact made by President Kuroda and the newly formed Office of Regional Integration (orei) in this regard. The main developments of East Asia's new regionalism are then outlined from finance and trade perspectives. Thereafter, an evaluation is made of the adb's contributions toward the emerging developmental regionalism in East Asia.     

Semi-peripheral countries and the invention of the ‘Third World’, 1955–65

Revisiting the events leading to the collapse of Third World summitry in 1965, this article proposes that the rise and fall of Third World unity efforts in the years 1955–65 originated from the unsuccessful attempt by industrialised Afro-Asian (aa) countries to turn unindustrialised aa states into their export markets. As a case study, this article explores Egypt’s economic foreign policy towards other aa countries and its activity within the aa and the Non-aligned movements, and compares Egyptian strategy in this field with that of China and Ghana.     

Building and supporting prsps in africa: what has worked well so far? what needs changing?

The Poverty Reduction Strategy Paper (prsp) initiative came out of the 1999 Cologne annual meeting of the G-7 governments, when the leaders of the industrialised countries announced the Enhanced Heavily Indebted Poor Countries Initiative (hipc II). 1 1 Report of the G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, 18–20 June 1999, at http://www.g8cologne.de/06/00114/index.html. View all notes The joint Boards of the imf and the World Bank officially approved the prsp in December 1999 as a new approach to the challenge of reducing poverty in low-income countries and as a framework for development assistance. The prsp approach is supposed to represent a major departure from previous development strategies whereby the World Bank and the imf dictated the directions of economic policies in poor countries. Implementation of the prsp approach is now in its sixth year and the purpose of this article is to critically examine the challenges that African governments are confronted with in preparing and implementing credible, nationally owned poverty reduction strategy plans. The article further examines the degree to which the prsp approach has transformed donor–recipient country relations, thus allowing African governments the policy space to develop home-grown policies.     

Lebanon in the context of regional politics: Palestinian and Syrian involvement in the Lebanese crisis

This article focuses on the negotiation of Economic Partnership Agreements (epas) which form the central focus of the commitments made in the Cotonou Agreement, signed in 2000 by the European Union and the African, Caribbean and Pacific (acp) states. epas are part of a much wider trend witnessed since the creation of the World Trade Organization (wto), characterised by the proliferation of bilateral free trade agreements. The article argues that both the material and ideational interests of the EU need to be considered alongside the historical context of EU–acp relations. The EU is making a concerted effort to ‘lock in’ neoliberalism across the seven different sub-regions of the acp group by negotiating epas that include both reciprocal trade liberalisation and various ‘trade-related’ issues. In this way epas will go beyond the requirements for wto compatibility, resulting in a reduction of the policy space for acp states to pursue alternative development strategies. The article then considers the potential developmental impact of epas with reference to the negotiations with seven of the 15 member states of the Southern African Development Community (sadc). It is argued that the EU is promoting ‘open regionalism’, which poses a threat to the coherence of the regional project in southern Africa.     

Public–private partnerships (ppps) in global health: the good,the bad and the ugly

Global Health Partnerships (ghps) have become ubiquitous within global health governance (ghg). Even before the onset of the global financial crisis public–private partnerships (ppps) were an omnipresent policy tool in global health and in the current austerity climate ppps have been heralded as an effective way to address a growing resource gap in ghg. Despite their omnipresence, ghps have not received adequate attention from critical scholars; few efforts have been made conceptually and theoretically to grasp how ppps are transforming the logic of ghg. We argue that ghps have contributed to the emergence of a complex global health governance architecture in which private solutions (market mechanism) are generally privileged over public approaches. Drawing on Gramscian conceptualisations of public/private, we suggest that the reshaping of the private and public realm inherent to ppps represents a further deepening of the neoliberal management of individuals and populations, allowing private interest to become more embedded within the public sphere and to influence global and national health policy making. This undermines the attempt to improve global health results as the inequitable distribution of social determinants of health, especially poverty and social exclusion, remain the main barriers to achieving health for all.     

brics in the Contemporary World: changing identities,converging interests

Abstract

This paper aims to address the reasons why the acronym brics is moving from being an easy marker to guide foreign investors interested in emerging markets to denoting an important political group of countries determined to promote major changes in international relations. Theoretically the paper draws on social constructivism to demonstrate that the changing identities of brics (Brazil, Russia, India, China and South Africa) can be treated as the main cause of the convergence of their interests in the international arena. Through a detailed analysis of these countries’ statements at the opening sessions of the UN General Assembly from 1991 to 2011, their social claims about themselves are retraced and the way they have judged the international sphere in which they engage is captured, in order to demonstrate the changing character of their identities. These new identities, it is argued, created the opportunity for converging interests, which explains the emerging political structure of brics . The paper concludes that, after four major summits and a significant number of wide-ranging low-level meetings, brics might be considered one of the major long-lasting forces shaping the new architecture of international relations in the 21st century.     

Rising Powers in a Changing Global Order: the political economy of Turkey in the age of brics

The rise of bric s presents a major challenge to the existing global order. A second category of emerging powers, which may be labelled near- bric s, have also displayed increasing pro-activism in recent years in terms of influencing the regional balance of power politics, in addition to their growing presence in international organisations and global affairs. It is in this context that we aim to examine Turkey as a striking example of a ‘near- bric ’ power, a country that has adopted an increasingly assertive and independent style of foreign policy with aspirations to establish itself as a major regional actor. Using the Turkish experience as a reference point, this paper aims to understand the extent to which near- bric countries possess the economic capacity, sustainable growth performance and soft-power capabilities needed to establish themselves as significant regional and global actors. The recent Turkish experience clearly highlights both the potential and the limits of regional power activism on the part of emerging powers from the ‘global South’.     

Emerging powers as normative agents: Brazil and China within the UN development system

Institutions are frequently thought of as ‘socialising’ member states into pre-established norms. However, this influence is not necessarily a one-way street; members can also affect institutions, whether individually or collectively. This article analyses the behaviour of two emerging powers – Brazil and China – within the field of international development. What roles have these two states played in shaping global development norms? The article examines the key motivations, positions, and initiatives taken by Brazil and China, with special reference to the UN development system (unds). Whereas Brazil and China’s early behaviour within the unds diverged significantly, in the post-cold war period both have become increasingly interested in – and capable of – influencing UN norms. However, despite greater involvement in UN development negotiations, these countries’ leverage in normative debates originates outside of the unds, through their South–South cooperation programmes. The current diversification of platforms through which the norms of international development are negotiated may enhance the influence of emerging powers, although their ability to channel this influence effectively will depend on their capacity for norm entrepreneurship, rather than mere norm blocking.     

Shaping the Future of Mid-range Northern ngdos: ten challenges,ten proposals

In recent years the financial crisis in traditional donor countries, the aid effectiveness debate and the approaching end of the Millennium Development Goals agenda have opened the door to new goals, instruments and actors in development. This is shaping a new and more complex global aid system. As a consequence, traditional actors like mid-range Northern ngdos (nngdos), born and raised in an oda-based development system, face a challenging scenario. This paper has two aims. First, it aims to summarise the 10 most important challenges nngdos face today. As will be shown, such a complex landscape calls for adaptation, especially if nngdos want to keep playing a key role in the development aid system. The second aim therefore is to present 10 proposals which could help nngdos to overcome these threats, shaping the future this relevant actor could play in the new global aid system.