Pharmaceutical companies and the right to access to medicine and health care : towards a stakeholder approach
- Authors: Peleowo, Sabelo
- Date: 2017
- Subjects: Health services accessibility - Law and legislation - South Africa , Pharmaceutical policy - South Africa , Medical care, Cost of - South Africa , Right to health - South Africa , Pharmacy - Law and legislation - South Africa
- Language: English
- Type: English
- Identifier: http://hdl.handle.net/10210/270996 , uj:28814
- Description: LL.M. (Corporate Law) , Abstract: South Africa is a country with 45 percent of her population living in poverty. Some of these people do not have access to medicine and health care despite this being a right entrenched in the constitution. The constitution states that the State must provide basic health care within the limits of resources available. This study looks at whether private pharmaceutical companies have any obligations to make the essential medicines they produce available at affordable prices to the patients who require them? If they do have obligations, how far do these obligations extend? In section 2 I will argue support for the stakeholder theory which states that a company in its operation must not only consider the interest of the shareholder but that of the stakeholder of the company. I will argue that the stakeholder theory is supported by corporate governance and company law in South Africa. Further in section 3 I will argue that the Constitution and the company law of South Africa not only provide for horizontal application of human rights obligations but also vertical application. This means that both the State and companies have human rights obligations, thus making the provision of the medicines and health care to everyone not only the responsibility of the State but also the private pharmaceuticals that produce the medicines.
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- Authors: Peleowo, Sabelo
- Date: 2017
- Subjects: Health services accessibility - Law and legislation - South Africa , Pharmaceutical policy - South Africa , Medical care, Cost of - South Africa , Right to health - South Africa , Pharmacy - Law and legislation - South Africa
- Language: English
- Type: English
- Identifier: http://hdl.handle.net/10210/270996 , uj:28814
- Description: LL.M. (Corporate Law) , Abstract: South Africa is a country with 45 percent of her population living in poverty. Some of these people do not have access to medicine and health care despite this being a right entrenched in the constitution. The constitution states that the State must provide basic health care within the limits of resources available. This study looks at whether private pharmaceutical companies have any obligations to make the essential medicines they produce available at affordable prices to the patients who require them? If they do have obligations, how far do these obligations extend? In section 2 I will argue support for the stakeholder theory which states that a company in its operation must not only consider the interest of the shareholder but that of the stakeholder of the company. I will argue that the stakeholder theory is supported by corporate governance and company law in South Africa. Further in section 3 I will argue that the Constitution and the company law of South Africa not only provide for horizontal application of human rights obligations but also vertical application. This means that both the State and companies have human rights obligations, thus making the provision of the medicines and health care to everyone not only the responsibility of the State but also the private pharmaceuticals that produce the medicines.
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Trade facilitation and export trade : an assessment of the COMESA Simplified Trade Regime (STR) at the Zambia/Malawi Border
- Authors: Phiri, Christabel
- Date: 2017
- Subjects: Industrial policy , International trade , Foreign trade promotion
- Language: English
- Type: English
- Identifier: http://hdl.handle.net/10210/271691 , uj:28901
- Description: M.Phil. (Industrial Policy) , Abstract: Trade facilitation has become an important mechanism to create a better trading environment. By reducing barriers of trade and high transaction costs it has yielded significant positive results. The main aim of the research was to assess the impact of trade facilitation on export trade performance using the case of the Common Market for Eastern and Southern Africa Simplified Trade Regime (STR). An assessment of the role of STR as a trade facilitation measure on export performance between the Zambia and Malawi Border. The study used the qualitative methodology and data was gathered from various stakeholders including the cross border trader’s association, the farmers’ association, custom officials and government officials. The main findings were that the Simplified Trade Regime had made some positive contribution towards volumes of export trade but there was still low uptake of the Simplified Trade Regime which is discussed in detail in the paper. There is still limited data and analysis on the impact of small-scale cross-border export trade, the research provides more evidence and additional academic knowledge on the impact of trade facilitation on export performance. The paper makes recommendations on area for improvement in the implementation of the COMESA STR.
- Full Text:
- Authors: Phiri, Christabel
- Date: 2017
- Subjects: Industrial policy , International trade , Foreign trade promotion
- Language: English
- Type: English
- Identifier: http://hdl.handle.net/10210/271691 , uj:28901
- Description: M.Phil. (Industrial Policy) , Abstract: Trade facilitation has become an important mechanism to create a better trading environment. By reducing barriers of trade and high transaction costs it has yielded significant positive results. The main aim of the research was to assess the impact of trade facilitation on export trade performance using the case of the Common Market for Eastern and Southern Africa Simplified Trade Regime (STR). An assessment of the role of STR as a trade facilitation measure on export performance between the Zambia and Malawi Border. The study used the qualitative methodology and data was gathered from various stakeholders including the cross border trader’s association, the farmers’ association, custom officials and government officials. The main findings were that the Simplified Trade Regime had made some positive contribution towards volumes of export trade but there was still low uptake of the Simplified Trade Regime which is discussed in detail in the paper. There is still limited data and analysis on the impact of small-scale cross-border export trade, the research provides more evidence and additional academic knowledge on the impact of trade facilitation on export performance. The paper makes recommendations on area for improvement in the implementation of the COMESA STR.
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