Tournament of Champions 2k8 Comprehensive Caselist



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Grapevine BP – Negative


Negative Strategy: (We are not really sure what the mandates of the Neg disclosure are, anyone can email toniabeglari@gmail.com if they need further assistance) 

We usually read

Topicality- Public Health Assistance is grants loans and tax incentives for disease prevention and treatment  (US EXECUTIVE OFFICE OF THE PREOR

             Public Health Assistance is limited to immunizations, screening, and treatment for communicable disease (SCHOLSBURG) 
 

Aspec- 


Africa CP- The national governments of topically designated areas shoulddd – insert mandates of the plan- with a dependency net benefit that basically serves as a case turn 

Africa K- representations of Africa and public health aid there are racist (Mbembe 01) and racism takes away dignity (Sankore 05) and results as justifications for imperialist interventions (Razhack4). There is no alternative 

Framework- The debate should be judged solely on questions of discourse, ethics, or ontology.


Groves GM – Affirmative – Generic ARV’s – At-Large Team



Contention One: The Status Quo


Access to antiretroviral drugs rare now in Africa – most nations don’t have legalized generics

Mullin, ’02 (Thomas, J.D., Nova Southeastern University, Fall, ILSA Journal of International & Comparative Law, lexis)

Tens of millions of Africans …the requirements under the agreement.


Most nations have not issued compulsory licenses out of fear of the U.S.—this makes ARV medication expensive and difficult to access.

Shoell, ’02 (Samantha, J.D. candidate, Columbus School of Law, Minnesota Intellectual Property Review, lexis)

The developing countries' draft, … prevent compulsory licensing.


Thus we offer the following plan,


The United States federal government should manufacture and export generic antiretroviral medication to Africa south of the Sahara through the authorization of the use of the subject matter of patents regarding treatment for and prevention of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome without the authorization of the right holder, for use in Africa south of the Sahara by the United States government.
Contention Two: HIV/AIDS
Without essential antiretroviral medication access, the HIV/AIDS epidemic has become the most serious crisis in Sub-Saharan Africa.

Crewe, ’04 (Mary, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter, Yale Journal of Health Policy, Law and Ethics, lexis)

The statistics describing the HIV/AIDS epidemic … but thus far little has come of this.

The impact of ignoring any facet of HIV/AIDS in Africa is akin to being complicit with mass-murder – HIV/AIDS will kill more people in Africa then all wars combined and devastate the entire continent.


Brown, 06 (Lester, Former International Agricultural Analyst for U.S. Department of Agriculture and President of Worldwatch Institute, Earth Policy Institute, Plan B 2.0 – Rescuing A Planet Under Stress And A Civilization In Trouble, Chapter Six, http://www.earth-policy.org/Books/PB2/PB2ch6_ss3.htm)
Although diseases such as malaria and cholera … or we will succeed against neither.”

The refusal to bring affordable, generic drugs to the developing world kills 10 times as many people who die per year as a result of war.


Bradol, 03 (Dr. Jean-Hervé, MD, President of Doctors Without Borders, France, “Invisible: Do sick people with no money need to become rich before we see that we can keep them alive?,” http://www.doctorswithoutborders.org/publications/ar/i2003/invisible.cfm)
Outside of armed conflict, victims … (vaccines) or curative (antimicrobial) treatments.

Contention Three: Neoliberalism


Western pharmaceutical companies refuse to provide affordable ARV treatments not because of production costs, but to maximize profits. Furthermore, this practice is justified by racist propaganda saying that Africans don’t understand the medication
Bradol, 03 (Dr. Jean-Hervé, MD, President of Doctors Without Borders, France, “Invisible: Do sick people with no money need to become rich before we see that we can keep them alive?,” http://www.doctorswithoutborders.org/publications/ar/i2003/invisible.cfm)
The very first treatments capable … short-term interests of the pharmaceutical industry.

Intellectual property rights prevent ARVs from being affordable—the same neo-liberal ideology justifies neo-colonialism, human rights violations, war, and chaos

Than, ’02 (Nguyen Van, president of the Vietnam Italy Friendship Association, member of the presidium of the Vietnam Union of Friendship Associations and board member of Focus on the Global South, “From Seattle to Doha: Solidarity is the Only Weapon of Developing Countries,” http://www.focusweb.org/from-seattle-to-doha-solidarity-is-the-only-weapon-of-developing-coun.html?Itemid=27, 10/26)

A recent report by the World Bank … neo-colonialism, a "super-colonialism."


Neo-liberalism legitimizes the destruction of all humanity—it sacrifices whole populations on the altar of market fundamentalist dogma and squelches any attempts of alternatives

Santos, ’03 (Boaventura de Sousa, Professor of Sociology at the School of Economics, University of Coimbra, Bad Subjects, Issue #63, April, bad.eserver.org/issues/2003/63/santos.html)

According to Franz Hinkelammert, … world's poorest countries for four years.


Contention Four: Solvency
ARV drug prices drop and access increases without patent protection—empirically proven.

WHO, ’06 (Bulletin of the World Health Organization, “Access to AIDS medicines stumbles on trade rules,” http://www.who.int/bulletin/volumes/84/5/news10506/en/index.html, May)


Successful AIDS programmes, such … then prices may stay high.”


Production of ARV drugs reevaluates the dichotomy between rights within neo-liberal ideology—this guarantees the right to life.

Aginam, ’06 (Obijiofor, associate professor of law, Carleton University, Summer, North Carolina Journal of International Law & Commercial Regulation, lexis)

I propose three possible scenarios … Judge Weeramantry's dissenting opinion

Studies claiming that patents are irrelevant are published by the pharmaceutical industry and are widely disputed by nonpartisan sources. Moreover, even if other barriers exist to treatment, the availability of generic drugs would spur necessary infrastructure development.


Ferreira, ’02 (Fordham Law Review December, 2002 71 Fordham L. Rev. 1133 ACCESS TO AFFORDABLE HIV/AIDS DRUGS: THE HUMAN RIGHTS OBLIGATIONS OF MULTINATIONAL PHARMACEUTICAL CORPORATIONS, Lissett Ferreira, J.D. Candidate, 2003, Fordham University)
The drug industry denies that …the building of health infrastructure.

Africa already has the infrastructure in place to distribute ARVs and regulate compliance with drug regimes—their standards are the same as those in the West, and have been empirically proven to save lives and prevent the spread of disease.


Chien ‘03 (University of California at Berkely School of Law, “Cheap Drugs at What Price to Innovation: Does the Compulsory Licensing of Pharmaceuticals Hurt Innovation?” Berkeley Technology Law Journal, Summer 2003) Lexis.

While high drug prices comprise …more pressing and realistic objective.


The state is key to solvency—it is the institution most sufficient and best positioned to negotiate with international capital and challenge the neo-liberalist paradigm

Graf, ‘95 (William, Professor of Geography at the University of South Carolina, “The State in the Third World,”

http://socialistregister.com/socialistregister.com/files/SR_1995_Graf.pdf)

It is important, finally, to recall …must start from the state.

Even if we only increase treatment by 1% of those infected in SSA, we save 280,000 people


Hanefield, ’02 (Johanna, volunteers for HIV/AIDS programs in the developing world for a non-governmental organization, Feminist Review, "Patent rights to patient rights: Intellectual property, pharmaceutical companies and access to treatment for people living with HIV/AIDS in Sub-Saharan Africa", Iss. 72, pg. 84)
HIV/AIDS is a disease of poverty: 95% … to 280,000 lives being improved and prolonged.
Contention Five: United States Action is Key
The U.S. is the key barrier that prevents more compulsory licenses from being issued for HIV/AIDS drugs.

Aginam, ’06 (Obijiofor, associate professor of law, Carleton University, Summer, North Carolina Journal of International Law & Commercial Regulation, lexis)

TRIPS, which was one of the agreements annexed … complaint against Brazil at the WTO. n40

The US is the powerhouse in restricting compulsory licensing—other nations fear litigation and sanctions

Weissman, ’03 (Robert, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, Foreign Policy in Focus, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html, 9/4)
Throughout the world, … out access-to-medicines policies.

US action key – they control the rights to many important HIV/AIDS treatments


Weissman, ’03 (Robert, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, Foreign Policy in Focus, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html, 9/4)
Sixth, the U.S. should immediately …important HIV/AIDS treatment pharmaceuticals.
The United States continues to favor big pharma by threatening trade sanctions if other nations do not comply with patent protection—your international counterplan will be denied by US action without the plan
New Internationalist, 03 (“The Great Health Grab,” Dinyar Godrej, November, http://www.thirdworldtraveler.com/Health/Great_Health_Grab.html)
But patents are the icing on the cake, …way of breaking Big Pharma's stranglehold.
US policies for patent protection block other multilateral organizations from distributing ARVs as well—this patent law must be eliminated to allow ARV access
Outterson, 05 (Associate Professor of Law, West Virginia University College of Law 2005
[Kevin, “Pharmaceutical Arbitrage,” Winter, 2005. 5 Yale J. Health Pol'y L. & Ethics 193).
With South Africa stymied, generic ARVs … to cheap ARV therapy in Africa.


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