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Papers by Emmanuel Oke
Science, Technology and Society, 2020
Building on both the UN Guiding Principles on Business and Human Rights and the relevant portions... more Building on both the UN Guiding Principles on Business and Human Rights and the relevant portions of the advisory opinion of the International Monsanto Tribunal, this article presents a normative argument on the right-to-food responsibility of corporate actors that own and exercise intellectual property rights on seeds and plant varieties. This article contends that while states bear the primary responsibility for the right to food, corporate actors that own intellectual property rights on seeds and plant varieties equally have a responsibility to respect the right to food and to ensure that the exercise and enforcement of their intellectual property rights does not negatively affect the ability of small scale farmers to gain access to the means of food production nor threaten agricultural biodiversity, as both of these factors are crucial for ensuring food security. In this regard, agricultural companies that own intellectual property rights on seeds and plant varieties should not ...
Justiciability of Human Rights Law in Domestic Jurisdictions, 2015
This chapter examines how the national courts in three developing countries (Kenya, South Africa,... more This chapter examines how the national courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights and the right to health in some of the cases litigated before them. National courts in developing countries are increasingly being confronted with disputes involving tensions between the enforcement of patent rights and the enjoyment of the right to health. As a result of the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights, developing countries that are members of the WTO are required to provide patent protection for pharmaceutical products. These patent rights however create a tension between the rights of pharmaceutical companies that own patents on essential drugs and the right to health of poor patients who cannot afford to pay for some of these patented drugs. The chapter is structured into three main parts. Part one examines the nature of the relationship between patent rights and the right to health while part two deals with the justiciability of the right to health in Kenya, South Africa, and India. Part three provides an analysis of how the national courts of these three developing countries have adjudicated some of the pharmaceutical patent cases involving tensions between the right to health and patent rights.
Journal of Construction Engineering and Management-asce - J CONSTR ENG MANAGE-ASCE, 2009
The objective of this study is to analyze the working potential of Environmental Non-Governmental... more The objective of this study is to analyze the working potential of Environmental Non-Governmental Organizations (ENGOs) in Punjab, Pakistan. Semi-structured questionnaire was designed to fulfill the rationale of the study. The potential of working of ENGO is based on the various factors such as financial support, acceptability by the local community, qualification of the staff and social threats while working. Descriptive analysis and Pearson Chi-Square were applied on the collected data to find out the percentage and association. The results showed that operative structure of 65.4% of the ENGOs is volunteer based. Only 42.3% of ENGOs are working on the environmental issues while, others have mixed working scope and vision. There is a lack of auditing system to check the efficient utilization of the resources. A mechanism of self-reporting has been developed by the ENGOs to report to their donors. There is a strong relationship between the number of the staff, age and the strength of the ENGO. It was also found that ENGOs working in Punjab, Pakistan are not being effected by the political parties and having minor social threats. The analysis also showed that the working ENGOs lack the funding which immobilizes them to work efficiently. Many ENGOs have stopped working but their names are still present in the list of the registered ENGOs. There is vital need to update list of ENGOs by concerned departments and to properly mechanize the system of monitoring and auditing.
Science, Technology and Society, 2020
Building on both the UN Guiding Principles on Business and Human Rights and the relevant portions... more Building on both the UN Guiding Principles on Business and Human Rights and the relevant portions of the advisory opinion of the International Monsanto Tribunal, this article presents a normative argument on the right-to-food responsibility of corporate actors that own and exercise intellectual property rights on seeds and plant varieties. This article contends that while states bear the primary responsibility for the right to food, corporate actors that own intellectual property rights on seeds and plant varieties equally have a responsibility to respect the right to food and to ensure that the exercise and enforcement of their intellectual property rights does not negatively affect the ability of small scale farmers to gain access to the means of food production nor threaten agricultural biodiversity, as both of these factors are crucial for ensuring food security. In this regard, agricultural companies that own intellectual property rights on seeds and plant varieties should not ...
Justiciability of Human Rights Law in Domestic Jurisdictions, 2015
This chapter examines how the national courts in three developing countries (Kenya, South Africa,... more This chapter examines how the national courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights and the right to health in some of the cases litigated before them. National courts in developing countries are increasingly being confronted with disputes involving tensions between the enforcement of patent rights and the enjoyment of the right to health. As a result of the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights, developing countries that are members of the WTO are required to provide patent protection for pharmaceutical products. These patent rights however create a tension between the rights of pharmaceutical companies that own patents on essential drugs and the right to health of poor patients who cannot afford to pay for some of these patented drugs. The chapter is structured into three main parts. Part one examines the nature of the relationship between patent rights and the right to health while part two deals with the justiciability of the right to health in Kenya, South Africa, and India. Part three provides an analysis of how the national courts of these three developing countries have adjudicated some of the pharmaceutical patent cases involving tensions between the right to health and patent rights.
Journal of Construction Engineering and Management-asce - J CONSTR ENG MANAGE-ASCE, 2009
The objective of this study is to analyze the working potential of Environmental Non-Governmental... more The objective of this study is to analyze the working potential of Environmental Non-Governmental Organizations (ENGOs) in Punjab, Pakistan. Semi-structured questionnaire was designed to fulfill the rationale of the study. The potential of working of ENGO is based on the various factors such as financial support, acceptability by the local community, qualification of the staff and social threats while working. Descriptive analysis and Pearson Chi-Square were applied on the collected data to find out the percentage and association. The results showed that operative structure of 65.4% of the ENGOs is volunteer based. Only 42.3% of ENGOs are working on the environmental issues while, others have mixed working scope and vision. There is a lack of auditing system to check the efficient utilization of the resources. A mechanism of self-reporting has been developed by the ENGOs to report to their donors. There is a strong relationship between the number of the staff, age and the strength of the ENGO. It was also found that ENGOs working in Punjab, Pakistan are not being effected by the political parties and having minor social threats. The analysis also showed that the working ENGOs lack the funding which immobilizes them to work efficiently. Many ENGOs have stopped working but their names are still present in the list of the registered ENGOs. There is vital need to update list of ENGOs by concerned departments and to properly mechanize the system of monitoring and auditing.