Four Lessons for Developing Countries from the Trade Negotiations Over Access to Medicines

After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of free trade agreements. The paper suggests that the only real win for developing countries has been the Doha Declaration on the TRIPS Agreement and Public Health in 2001. What have been the lessons for developing countries in a decade of negotiations over access to medicines? Drawing on themes of rule complexity and regulatory ritualism the paper discusses four key lessons for developing countries. It concludes by arguing that developing countries will do better if they adopt a networked governance approach to negotiation rather than continuing to rely on traditional coalition formation.     

CHILD SUPPORT GUIDELINES

From a conflict resolution perspective, it is clear why the child support guidelines are not going to reduce the adequacy and compliance gaps in child support payment conflicts between parents. As it stands, the conflict over equally sharing child support is destructive rather than positive. The guidelines do not reframe the conflict for the parents, enabling them to believe the interests of children are more important than their own interests to win the child support battle. To transform conflict from destructive to positive, the elements of conflict–expression of the conflict, scarce resources and rewards, and interdependency–must be transformed. It is argued that the guidelines do not transform the conflict but facilitate it. Courts and attorneys are also significant players in the child support conflict.     

Corruption in public policy and its impact on development: The case of Uganda since 1979

This paper argues that corruption is a product of self-aggrandizement; of unrealistically low remuneration which makes it impossible for public servants to live within their legitimate means; and of a closed political system which inevitably tends to exclude aggregated interests'. Corruption leads to loss of much needed revenue and human talent for development, distorts priorities for public policy, and shifts scarce resources away from the public interest. The mutual distrust that results among the different sections of society, and the growth of despondency in the general public, are incompatible with the requirements for successful public policy. The main theme running through the paper is that political instability, corruption and underdevelopment are mutually reinforcing. The paper finally outlines certain measures that need to be taken in order to clear the path for sustained growth and development.     

From processing to analysing: Intensifying the use of microcomputers in development bureaucracies

This article examines constraints in development bureaucracies in intensifying the use of microcomputers as they move beyond processing applications to analysing applications. The work is based on the experience of several ministries of the Government of Kenya. Processing applications involve throughput of data and are relatively simple. Analysing applications, in contrast, are more complex and include data assembly, sensitivity analysis, and modelling. The article argues that processing applications are more compatible with the administrative cultures, bureaucratic functions, personnel skill levels and organizational structures of development bureaucracies. Analysing applications are less compatible because they require a level of training and motivation uncommon in development bureaucracies. Analysing applications are further thwarted by constraints in the supply of relevant information and the lack of demand for analysis by decision-makers. A four-cell matrix is developed which explains these constraints. The article concludes with several recommendations for encouraging microcomputer-based analysis, but cautions that processing applications will continue to dominate for the foreseeable future.     

Local Taxation in the Netherlands

Provincial governments in the Netherlands have only one general tax at their disposal. However, it has become an insufficient source of revenue for this level of government in the Dutch system. To increase the revenue raising capacity of the provincial governments, thirteen broad-based general tax proposals not used at the local level were examined. The objective was to find a fair and equitable tax that could easily be collected and would result in fl. 200 million in additional revenue for the provincial governments.     

The place of law in the leadership and management of schools

Change is a feature of life in all communities and results in heightened demands being made of individuals and organizations alike. In the school setting administrators and classroom teachers have to respond to a great variety of demands that change has brought. Accountability, in various guises, is one area where changes in societal attitudes have resulted in greater demands being exacted of all professions including that of teaching. In this regard legal accountability is of considerable concern to schools as legal matters increasingly impact on school policies, practices and procedures. In this article research into the relationship between the law and school leadership and management is explored. A brief overview of research into school management and principals as leaders is followed by a discussion of the need for knowledge of areas of law impacting on schools. The article concludes that in order to ensure a school's legal safety, a preventive legal risk management culture is needed.