The human genome as common heritage of mankind / Jean Buttigieg.

Format:

Book

Author/Creator:

Buttigieg, Jean, author.

Series:

Studies in medical philosophy ; 2.

Studies in medical philosophy ; 2

Language:

English

Subjects (All):

Human genome--Law and legislation.

Human genome.

Physical Description:

1 online resource (250 pages).

Edition:

1st ed.

Place of Publication:

Stuttgart, Germany : Ibidem-Verlag, [2018]

Summary:

In 1997, the UNESCO General Conference declared the human genome a common heritage of humankind. This declaration was followed by the Joint Statement of March 14, 2000, by US President Bill Clinton and British Prime Minister Tony Blair, in which they stated that the "fundamental data on the human genome, including the human DNA sequence and its variations, should be made freely available to scientists everywhere." This announcement to allow "unencumbered access" to this fundamental data on the human genome, for the benefit of all humanity, appeared to endorse the UNESCO Declaration of 1997 on the human genome. But as it turns out, these statements were only political slogans since there is a complete lack of any genuine attempts to make the human genome a legal principle of international law so far. This study's foremost goal is to reintroduce the philosophical and political implications of the concept of common heritage of mankind into public discourse, as intended by Arvid Pardo when he addressed the UN General Assembly on November 1, 1967, and apply them to the human genome. In this timely study, Jean Buttigieg demonstrates the necessity to make it a legal principle of international law that the human genome is a common heritage of mankind. As Buttigieg demonstrates, the biggest challenge here comes from the patent system in its present form, which encourages the commercialization of the human genome by explicitly denying scientists "unencumbered access" to the fundamental raw data. By putting individual rights before community rights, the patent system effectively hinders discoveries that prompt new and better medical treatments. Buttigieg also discusses issues of biotechnology. While the biotechnology debate is very often centered on which new applications of biotechnology should or should not be permitted, it so far lacks a critical philosophical analysis of biotechnology itself. The true essence of the human genome, Buttigieg argues, is to be found in metaphysics and not biology. This study fills a gap in the literature on the human genome and the common heritage of mankind by addressing the metaphysical nature of the human genome and discussing the philosophical concerns surrounding the field of biotechnology.

Contents:

Intro

Abstract

Table of Contents

Acknowledgements

Introduction Arvid Pardo and the Human Genome

0.1 The Race to Grab the Bounties of the Seabed and Ocean Floor

0.2 The Race to Grab the Bounties of our DNA

0.3 The Technology Question

Chapter One The Human Genome-Common or Patentable Subject Matter?

1.1 The Human Genome as Common Heritage

1.2 The Human Genome as Patentable Subject Matter

1.3 The Anti-Commons of Biomedical Research

1.4 Patenting Life

1.5 Biotechnological Patents versus Public Morality

1.6 The Stem-Cell Market

1.7 Patents and the Pursuit of Scientific Progress

1.8 Who Owns You?

Chapter Two Human Genome as Common Heritage

2.1 Philosophical Concept or Political Slogan?

2.2 Beneath the Surface of the Common Heritage of Mankind

2.3 The Birthright of the Common Heritage of Mankind

2.4 The Common Heritage of Mankind as a Model of Political Stewardship

2.5 The Common Heritage of Mankind as a Challenge to Legal Positivism

2.6 Preventing Another Mare Liberum

2.7 Making the Common Heritage of Mankind a Legal Principle of International Law

2.8 The International Management of the Human Genome as a Common Heritage of Mankind

2.9 Extrapolating with the Common Heritage of Mankind

2.10 Further Reaches of the Genome

2.11 Launching the Global Governance of the Human Genome

Chapter Three The Human Genome as Heritage of Humanity in a Symbolic Sense

3.1 Formatting the Genome

3.2 Genes in a Test Tube?

3.3 Darwin Revisited!

3.4 The Genie in the Genome

3.5 The Transcendental Nature of the Human Genome

3.6 A Thought Experiment

3.7 Of Genomes and Souls

3.8 The Human Difference

Chapter Four Questioning the Nexus Between Biotechnology and the Human Genome

4.1 In the Shadow of Technology

4.2 Unconcealing the Concealed in Technology.

4.3 Transforming Technology

4.4 Technological Stewardship

4.5 The Genome and the Enigma of Health

4.6 The Art of Healing as an Epiphany for Biotechnology

4.7 The Permanent Limitations of Biology

4.8 Ethics for Biotechnology

4.9 The Tragedy of Biotechnology

4.10 Re-Thinking Biotechnology with the Human Genome as Common Heritage of Mankind

4.11 The Embryo Question

Conclusions

Bibliography.

Notes:

Description based on print version record.

ISBN:

9783838271576

3838271572