Business law Essay Example | Topics and Well Written Essays - 1250 words - 1

Business law - Essay Example Referring to general principles of recognized by civilized states as a source of international law, it protects South African government in its bid to establish its own health care policy. The decision of South Africa was driven by the fact that most of the affected HIV/AIDS victims come from developing countries where access to cheap medical facilities and medicines were inadequate faced by a total population of 4.7 million people affected y the pandemics, the South African government had no alternative except to manufacture cheap drugs accessible to all people. Therefore South African had the right to implement the legislation both before and after Doha declaration. Before Doha declaration, the South African Government was acting under the general principle of law recognized by civilized states which a recognized source of international law.This source helps international law to adapt itself in accordance with the changing times and circumstances.As pointed out by G. Von Glahn, ren owned author of international law, two views are prevalent about this source of law. According to one view the phase includes such general principles which can be applied in domestic jurisprudence and can be applied to international legal issues. For instance the question of hand in which, the South African government and the pharmaceuticals companies from U.S are seeking international redress to the issue of the SA government manufacturing cheap drugs. The point of contention at hand is the issue of patents rights where pharmaceutical companies want patent rights be protected while the government is concerned about providing cheap and affordable drugs to the people infected by HIV/AIDS; the pharmaceutical companies are sensing a decline of their products in the market due to the preference of cheap drugs. Owing to the gaps in international law, it was felt that the competence of the court could not be confirmed to making judgments according to positive international law i.e. according to customer and conventions but it won rather designed to give free reign to the law making activity of the court and the court had to content itself with applying principles of law which could be established as common to the municipal law of all civilized nations and were therefore positive law, though not positive international law (Tostem Gohl, the legal characters and sources of international law Stockholm (1957). In the Lotus case, (P.C.I) ser, A No. 10) the permanent court of international justice observed on the court considers that the words principles of international law as ordinary used can only mean international law as is applied between nations belonging to the community of states. A principle of law recognized by any domestic law does not become on international law by the virtue that it has been accepted by other nations, it becomes a principle of international of law when it has been accepted by the world court. Judge Lauterpact has therefore rightly remarked that the main function of the general principles of law has been that of safety-value to be kept in reserve rather than a source of frequent application of this source only when in a case before it, there is neither international convention nor a custom in respect of the dispute involved. Thus articles 38, paragraph 1 (c) of the statute of the international court of Justice places on record are of the main sources of the rules of public international law. The general principles of laws are those rules or standards which, are repeated in much the same form in the development systems of law, either because they have a common origin or because they express a necessary response to certain basic needs of human association reference to the South African case, the Doha declaration on the TRIPS AND PUBLIC HEALTH. The Doha declaration