Why and How to Make an International Crime of Medicine Counterfeiting
Bibliographic Data
| ID | 12734293 |
|---|---|
| Authors | Amir Attaran (University of Ottawa, corresponding author), Roger Bate (0000-0002-8281-4256, American Enterprise Institute), Megan Kendall (0000-0001-6577-2579, University of Ottawa) |
| Year | 2011 |
| Volume | 9 |
| Issue | 2 |
| Pages | 325-354 |
| Publication date | 2011-02-10 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of International Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1478-1395 • E-ISSN: 1478-1387 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jicj/mqr005 |
| OpenAlex | W2017262854 |
| Language | EN |
| Citations received | 1 |
The article explores why — when the counterfeiting of medicines is so prevalent, hard to detect and quietly dangerous or fatal — it remains totally unaddressed and therefore legal in international criminal law. It is argued that criminalizing the counterfeiting of medicines on an international scale would present no legally insurmountable barriers, and would offer significant advantages over the current national-scale approaches. The authors propose a legal definition of ‘counterfeit’, canvass the current legal doctrines that could be arrayed to better criminalize medicine counterfeiting, including classifying the severest instances as crimes against humanity, and explain the mechanisms necessary to close the jurisdictional gaps that are currently exploited by organized criminals who trade in counterfeit medicines across borders. They suggest that a counterfeit medicine treaty should be drafted under the auspices of the World Health Organization, and illustrate the feasibility of doing so with existing and developing treaty law on another health danger, tobacco
Business · Counterfeit · Counterfeit Drugs · Criminology · Currency · Economics · Humanity · International law · Jurisprudence · Law and economics · Political science · Sociology · Treaty · Pharmaceutical Quality and Counterfeiting · Law
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2024 - 2024 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |