Development International Law – Part 14

PLANT VARIETY PROTECTION IN EGYPT
BRONWEN JONES
Bio-Science Law Review
Volume 8, Issue 1, 2005/2006 p.25

In 2002, Egypt passed Law 82/2002, collecting existing intellectual property legislation as well as adding new areas of protection to meet international obligations under the WTO/TRIPS agreement. This paper examines the text of the new law to determine whether protection of plant varieties is effective, and sufficiently accommodates breeders’ and farmers’ rights. Inconsistency with international agreements may leave the law open to challenge, but TRIPS review, under Articles 27.3(b) and 71.1, presents opportunities for developing countries like Egypt to address important concerns. TRIPS Articles 7 & 8 may also be relied upon. Egypt is keen to attract foreign investment and needs transfer of technology and research and development appropriate for its unique agricultural sector. However, an EU-Egypt bilateral agreement requiring membership of UPOV 1991, narrows options for sui generis plant variety legislation. Such TRIPS plus protection seems undesirable and may endanger farmers’ rights to continue traditional farming practices.

The Revival of a Forgotten Dispute: Deciding Kosova’s Future
Korab R. Sejdiu
Rutgers Journal of Law and Public Policy
Volume 3, Number 1, Fall 2005 p.106

This article examines the development of the international law of self-determination and secession and its expected application in determining Kosova’s final status. Using precedent drawn from recognized sources of international law, this article demonstrates that the Customary International Law of self-determination and secession has finally arrived at a stage where it can be applied in a non-colonial context….. [read more]

Reflections on the Development of International Treaty Law under the Auspices of the United States Hegemony and Globalization
Rüdiger Wolfrum
Austrian Review of International and European Law
Volume 8, 2003 p.229

Wolfram Wormuth. Die Bedeutung des Europarechts für die Entwicklung des Vülkerrechts (The Significance of European Law for the Development of Public International Law). Frankfurt am Main: Peter Lang, 2004. Pp. 408. 64 (paperback). ISBN 3-631-51943-5 (Published in German)
Sigmar Stadlmeier
European Journal of International law
Volume 16, Number 4, September 2005 p.795-799

The Development of International human rights law by the Operation and the Case-Law of the European and the Inter-American Courts of Human Rights
Antônio Augusto Cançado Trindade
Human Rights Law Journal
Volume 25, Number 5-8, November 30, 2004 p.157

When right equals rights: The international obligation to provide assistance to developing countries
Kirsty Nowlan and Tim Costello
Alternative Law Journal
Volume 30, Number 4, August 2005

This article focuses on the responsibilities of the international community in relation to the realisation of economic, social and cultural rights. It examines, in particular, the obligations of wealthy nations (as defined by their membership of the Development Assistance Committee of the Organisation for Economic Cooperation and Development). The authors hold that there is a clear legal obligation on the part of all nation state members of the international community to provide assistance under International human rights law and that many developed countries, including Australia, are failing to properly discharge their obligations. If human rights are to be regarded as universal, then the accident of birth that establishes where most people live cannot determine who gets to enjoy the full range of economic, social and cultural rights.

Author: international

Mentioned in these Entries

Customary International Law, Development International Law, International human rights law.