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Description
International intellectual property law has become an important factor in international trade as the world economy has become increasing interconnected. The foundational international intellectual property agreement is the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, negotiated in 1994 and required by the World Trade Organization of all its member states. The TRIPS regime establishes minimum standards of protection, but developed states, especially the United States, continually push other countries to enact more stringent laws. This paper explains the power dynamic underlying this international legal order, and furthermore answers how developing states respond. By drawing on Immanuel Wallerstein’s world systems theory, Alisha Holland’s forbearance – the practice of states with the capacity to enforce laws choosing no to do so – and existing empirical studies of seven East and Southeast Asian states’ actions in the realm of intellectual property law in recent years, I argue that the intellectual property agreements under scrutiny are created and pushed by developed American and Western European states to serve their own economic interests. This is supported by a pattern of hegemonic meddling and threats, often by the United States, seeking to influence the domestic laws of developing states, and as a result prompts those states to pursue policies of deliberately partial enforcement – a prime example of forbearance – in an attempt to retain legal legitimacy under international agreements and drive their own economic development. This stands as a refutation of the naïve understanding that developed states have weak intellectual property protections due to apathy, ignorance, ineptitude, or other such moral failings (as developed states such as the United States have claimed). Instead, developing states are pursuing rational and deliberate legal strategies of partial enforcement.
ContributorsDendy, Christopher (Author) / Sivak, Henry (Thesis director) / Thomas, George (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
Description
This thesis examines the current state of intervention in developing countries that are suffering from human rights abuses, mass killings, and/or politicide. The first part of this thesis will be a brief examination of present-day United States intervention efforts in order to understand the decision making and reconstruction process within the status quo. This will also be done by looking at the global community´s preferred form of intervention and how the United States aligns with these standards such as those represented in the Responsibility to Protect. Secondly, this thesis aims to remodel the reconstruction process in order to conceptualize the addition of mental health first aid. This will be presented by first analyzing the importance of mental health aid and then looking at the specific diagnoses that concatenate with trauma. This thesis argues that current reconstruction efforts are insufficient without the implementation of psychological aid. Without adding psychological aid, countries are more likely to return to cycles of violence that were present pre-intervention. Public policy should change to include aiding civilians, not only physically, economically, or militarily, but also by including psychological aid. Implementing behavior health specific aid in developing countries may potentially be the missing component to lasting change that countries need in order to sustain political sovereignty and support community efforts to rebuild. This research, therefore, aims to bridge important gaps between United States intervention efforts, public policy and mental health.
ContributorsSior, Destinee (Author) / Thomas, George (Thesis director) / Ripley, Charles (Thesis director) / School of Politics and Global Studies (Contributor) / School of Public Affairs (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05