Journal Article

Why and How to Make a Treaty Crime of Medicine Counterfeiting

Neil Boister and Benn McGrady

in Journal of International Criminal Justice

Volume 9, issue 4, pages 947-951
Published in print September 2011 | ISSN: 1478-1387
Published online August 2011 | e-ISSN: 1478-1395 | DOI:
Why and How to Make a Treaty Crime of Medicine Counterfeiting

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In response to an article recently published in this Journal by Amir Attaran, Roger Bate and Megan Kendall regarding counterfeiting medicine, the authors dispute Attaran, Bate and Kendall’s understanding of the problem on several points. These points include the choice of a forum such as the WHO for treaty negotiations and the neglect of the pre-existing UN criminal justice framework. The authors conclude that the issue raised by Attaran, Bate and Kendall concerns three sometimes conflicting constituencies — health, customs and criminal justice. Therefore, the authors claim, the problem is better contextualized and handled in a ‘forum familiar’ to criminal law.

Journal Article.  1770 words. 

Subjects: Criminal Law ; International Law

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