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Title: In praise of economic policy : copyright and the human rights agenda
Author: Foster, Sharon E.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2007
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In August of 2000 the United Nations Sub-Commission on Human Rights approved Resolution 2000/7 which declared, in part, that there was a primacy of human rights over economic policies. While Resolution 2000/7 was focused on potential conflicts between human rights goals, such as education, and economic policies reflected in domestic economic policies and the TRIPS agreement, subsequent commentary on Resolution 2000/7 suggests a much broader meaning; specifically, a legal obligation under international law to provide for these human rights to those in need and the exclusion of certain economic human rights such as a creator’s right to material gain from his creation. This paper addresses the misunderstandings created by Resolution 2000/7, specifically with regard to copyright, through an historic, legal and economics analysis. First, the paper examines the aspirational nature of non-fundamental human rights, such as education. Next, it examines the inclusion of the right to material gain from a creation as a human right. Additionally, this paper examines the history of economic policy in the creation of the United Nations and modern human rights law. Further, the paper explores the interconnectedness of economic policy and human rights with regard to education by analysing the history of copyright in the domestic and international context. Finally, solutions are explored with particular focus on a balancing approach instead of the absolute priority suggested by Resolution 2000/7.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available