Business law Essay Example | Topics and Well Written Essays - 1250 words - 1

Business law - Essay exerciseReferring to general article of faiths of recognized by civilized states as a source of external law, it protects South African disposal in its bid to establish its own health c atomic number 18 policy. The decision of South Africa was dictated by the fact that most of the bear upon HIV/AIDS victims come from developing countries where access to twopenny-halfpenny medical facilities and medicines were inadequate faced by a total population of 4.7 million people affected y the pandemics, the South African government had no alternative except to manufacture cheap drugs cordial to all people. Therefore South African had the right to implement the legislation both before and aft(prenominal) Doha declaration. Before Doha declaration, the South African Government was acting under the general principle of law recognized by civilized states which a recognized source of planetary law.This source helps international law to adapt itself in accordance with the changing times and circumstances.As pointed out by G. Von Glahn, renowned author of international law, two views are prevalent about this source of law. According to one view the stage includes such general principles which can be applied in domestic jurisprudence and can be applied to international legal issues. For instance the question of hand in which, the South African government and the pharmaceuticals companies from U.S are seeking international redress to the issue of the SA government manufacturing cheap drugs. The point of contention at hand is the issue of patents rights where pharmaceutical companies want patent rights be protected while the government is implicated about providing cheap and affordable drugs to the people infected by HIV/AIDS the pharmaceutical companies are sensing a decline of their products in the market due to the p bring up of cheap drugs.Owing to the gaps in international law, it was felt that the competence of the court could non be confirm ed to making judgments according to positively charged international law i.e. according to customer and conventions but it won rather designed to give gratis(p) reign to the law making activity of the court and the court had to content itself with applying principles of law which could be schematic as common to the municipal law of all civilized nations and were therefore positive law, though not positive international law (Tostem Gohl, the legal characters and sources of international law Stockholm (1957).In the Lotus type, (P.C.I) ser, A No. 10) the permanent court of international justice observed on the court considers that the words principles of international law as ordinary used can only mean international law as is applied between nations belonging to the community of states.A principle of law recognized by either domestic law does not become on international law by the virtue that it has been recognised by other nations, it becomes a principle of international of law w hen it has been accepted by the world court. evaluate Lauterpact has therefore rightly remarked that the main function of the general principles of law has been that of safety-value to be kept in conquer rather than a source of frequent application of this source only when in a case before it, there is neither international convention nor a custom in respect of the animosity involved. Thus articles 38, paragraph 1 (c) of the statute of the international court of Justice places on record are of the main sources of the rules of public international law.The general principles of laws are those rules or standards which, are repeated in more the same form in the development systems of law, either because they have a common origin or because they express a necessary response to certain basic needs of human association reference to the South African case, the Doha declaration on the TRIPS AND PUBLIC HEALTH. The Doha declaration