Import Safety Rules And Generic Drug Markets

Document Type

Book Chapter

Publication Date

2009

Editor(s)

Cary Coglianese, Adam M. Finkel, David Zaring

ISBN

9780812205916

Publisher

University of Pennsylvania Press

Language

en-US

Abstract

President Woodrow Wilson decried secret diplomacy in the wake of the First World War and famously called for “open covenants of peace, openly arrived at” as the first of his Fourteen Points. Woodrow Wilson is studiously ignored today in global trade negotiations. At the dawn of the twenty-first century, democratic governments still negotiate thousand-page trade agreements in secret, without transparent accountability for the interests being represented. Complex rules—many that affect import safety and public health—are negotiated and implemented without resort to the kind of public notice and comment provisions that apply to many domestic lawmaking processes around the world. The result is too often trade and health policy making by stealth, with significant potential for rent-seeking by powerful companies lobbying for particular outcomes. The policies pursued by these governance mechanisms do little to assist in the cause of assuring that only safe medicines cross international borders but have much to do with protecting intellectual property (IP) rights with spurious connections to import safety.

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