Murray Lee Eiland

Traditional medicines have and will continue to form the basis of modern pharmaceuticals. Many indigenous communities are claiming legal rights in pharmaceuticals derived from their traditional medicine. In the past, such knowledge derived from non-western communities was largely regarded as free information. This has led some to attack the patent system as an exploitative tool of the developed world. The first part of this analysis deals with the kind of protection provided in national legislation. Methods of protecting traditional medicine in India and China receive special attention. The second major issue covered in this volume is the kind of protection offered to traditional medicine of other countries in the West, including international agreements. The U.S. is a particular focus, as it is here that many of the battles over patenting traditional medicine are fought. While no uncontroversial answers can be given in this debate, the relative strengths and weaknesses of various positions can be assessed.

Child pornography is here defined as any visual image of a person who appears to be under 18 and which is designed to be sexually arousing.  The person may be virtual, that is they may display real qualities, but are fictional, and are made by computer.  Virtual child pornography (VCP) includes images that have been edited by computer - for instance innocent images that have been altered - wholly computer created images, and cartoons, if they are made using a computer. VCP includes the legal term ‘pseudo-photograph’, but as this term may be somewhat unclear, the phrase VCP will be used here.  Computer games may also use virtual images of children and be considered VCP.  VCP may be displayed via computer or published in books or magazines, the latter receives special attention here.

The issue of patents in the United States pharmaceuticals industry is one that is being re-examined in light of the potential for large profits as well as from the perspective of monopolies. It is a highly contentious issue for many consumers.  Specialists are often asked by the popular media to comment on the subject.  There is a range of viewpoints in the legal community. Some suggest that only process patents should be issued for pharmaceuticals.  Others suggest that drugs should simply be entirely excluded from patent protection, as is the case with certain national laws. The opposite argument, often proposed by the drug companies, contends that the rapid pace of drug development in the United States (U.S.) is due to the fact that the system works well.  America is in a special position with regard to pharmaceuticals. The U.S. market is the largest in terms of the amount of money spent on pharmaceuticals. In considering the role of patents in the pharmaceutical industry, a balance must be struck. The needs of inventors, producers, and consumers must be considered.

This paper will address, in particular, the nature of an international patent dispute and how the rules of the main arbitral institutions influence the unfolding arbitration. The main issue considered here is if institutional rules address the particular needs of patent disputes. Arbitral institutions are prepared to resolve many kinds of disputes, but because they operate under different rules, some may be more or less prepared for the special nature of IP. Patent related disputes are even more specialized. Even small differences in institutional rules can have a large impact upon the unfolding arbitration. After a brief consideration of arbitrability, special attention is paid to evidence, confidentiality, and interim relief in the various rules of permanent arbitral institutions. These latter three elements are critical for patent disputes. The primary sources are the rules themselves, supplemented by relevant national laws and cases. Special attention is paid to online sources, as the most up-to-date materials are in this medium.

This paper will focus upon the science behind the requirements to plant refuges of non-Bt corn. Considering that many of scientific papers on this subject present rather complicated  -and at times contradictory - mathematical models, no effort will be made to assess these data using quantitative means. The main pest considered here is the European corn borer (Ostrinia nubilalis, ECB).  Because Bt corn is so important in the fight against this pest, considerable attention has been devoted to developing strategies to prolong the use Bt corn before this pest becomes resistant.  The newly developed “refuge in a bag” technology offers the best hope of controlling the ECB long term.  Physically delimited refuges may be a transitional phase of Bt corn technology.  This is important because the current regulatory regime for refuges is complicated and subject to abuse.  Particularly in less developed countries with limited infrastructure, Bt crop technology must be straightforward to utilize in order to remain effective on a world wide basis.

Malaria parasites are protozoa that belong to the genus Plasmodium and which are vectored by female Anopheles mosquitos. For India the relevant Plasmodium species and their current rates of infection are P. vivax 50%, and  P. falciparum >40%.  P. malariae and P. ovale are also present but are rare. P. falciparum is by far the most dangerous to humans. India is the most populous country affected by malaria, with over 400 million people being threatened with infection. While it appeared that India would completely eradicate the disease in the 1960’s as of 2012 there are estimates that there are between 1.6-15 million cases of malaria, with 1000-15,000 deaths per year. There is even one estimate that suggests that deaths are much higher, in the order of 200,000 per year.
    A large part of the problem -particularly in rural areas - is underreporting. Urban areas throughout the country report cases of malaria, including Bombay (Mumbai) and Delhi. Areas greater than 2,000 m (6,561 ft) in elevation, notably Himachal Pradesh, Jammu and Kashmir, and Sikkim are essentially malaria free because Anopheles mosquitos are absent (Das et al., 2012). India is a developing country and has to face a lack of resources as well as the rise of pesticide resistant mosquitoes and drug resistant forms of malaria. This paper will review the background of the struggle against malaria in India, and note some solutions (each have their pros and cons). Eradication will require international assistance as well as local efforts to educate and involve local communities.

This ppt covers the history of climate change, with particular reference to the developments in Europe during the 18th and 19th centuries and America in the 20th century. This discussion places climate change law into some perspective because the laws are changing quickly to keep up with the pace of scientific understanding.

This ppt compares and contrasts climate change legislation (including those that impinge on the energy sector) between the federal government of Canada and several Canadian provinces.  The situation in the USA is compared and contrasted with Canada.

California has some of the most visionary legislation dealing with climate change and the environmental impacts of climate change.The state has also hosted many cases against auto manufacturers, oil companies, and even the federal government.

This ppt explores the legislation designed to protect sea turtles (treaties and conventions along with national laws) with particular reference to threats from fishing and pollution. A major problem with the current legal framework is enforcement.

Starting with the reaction to feathered hats in the late 19th century, this ppt considers international legislation and agreements (such as MBTA, CITES). Finally, the inherent conflict between protecting the environment and petroleum interests are considered.

After a definition of  hazardous wastes, this ppt covers well known disasters such as at Bhopal in 1984. This led to a wide scale re-appraisal of hazardous wastes in the USA. Several well known cases in America also involve pesticides.
Special attention is also devoted to  regulating atomic energy, particularly legislation in California which has effectively stopped nuclear power in that state.  What emerges is a complex framework of  legislation and case law (torts) that regulate hazardous wastes.

This ppt covers the  environmental impact of hydraulic mining, from the Sacramento area to the Bay, paying particular attention to the Sawyer Decision of 1884. Attention is also paid to mining law as well as laws pertaining to water. At the end some current mining waste cases are considered.

After a brief non-technical discussion of the science, this ppt discusses the Vienna Convention and the Montreal Protocol (and amendments) in relation to the ozone layer as well as climate change. The Vienna Convention served as an important template for later international agreements that tacked other environmental issues.

In the 1970s and 1980s the issue of acid rain captured international headlines. Acid rain is today not such a problem, and might present a way forward for how to deal with global warming. Although scientific reports were produced, political issues mitigated their effect. It was public involvement that forced legislators to deal with the problem.

Carbon Capture and Storage has emerged has something of a "savior technology" that promises to reduce carbon in the atmosphere. However well the technology works (and might work in the future) there is significant push-back from scientists as well as the general public.

The Coordinated Framework for Regulation of Biotechnology, proposed in 1984 by the White House Office of Science and Technology Policy (finalized in 1986), presents the basic federal policy for regulating the development and use of products derived from biotechnology.

From the 1960s through the mid 1980s, US regulation was generally stricter than European regulation (due to worries of long term cancer risk).
Since the mid 1980s, it is reversed. European policies now resemble US policies between the late 1960s & mid-1980s.

At the end of the Middle Ages, until about 1500, Europe was more or less united by religion, even if it was divided politically. Many reformers had attempted to introduce changes into both the Western (Catholic) and Eastern (Orthodox) sects of the Christian church. A few had modest success, but most failed and had little influence.