Valley+HR+-+Sam+Hogan+&+Alexa+Reynolds+aff

Valley HR – Affirmative – IPR

Contention 1: Inherency

Recent TRIPS-plus measures and trade agreements have strengthened the power of Big Pharma and will prevent access to generic ARVs Westerhaus and Castro-06 (Michael and Arachu, Plos Medicine-“How Do Intellectual Property Law and International Trade Agreements Affect Access to Antiretroviral Therapy”, Aug 6, http://medicine.plosjournals.org/perlserv/?request=get-document&doi=10.1371%2Fjournal.pmed.0030332&ct=1)\ However recent US trade policy threatens… among other similar measures.

Inexpensive drugs are out of reach of developing countries because of a fear of devastating sanctions

Benvenisti and Downs-05 (Eyal and George W., Case Western Reserve Journal of International Law, “Distributive Politics and International Institutions: The Case of Drugs”)

Despite the theoretical availability… consistent with the positions of disagreement.

The current neoliberal system protects the profits of the West over lives in developing countries Boone and Batsell-01 (Catherine and Jake, Africa Today-“Politics and AIDS in Africa: Research Agendas in Political Science and International Relations”, Volume 48, No. 2, pp.3-33, summer, Project Muse)

AIDS is one of the manifestations…and rule of the World Trade Organization

Thus the plan: The United States federal government should authorize 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 sub-Saharan Africa.

Contention 2: The HIV/AIDS Pandemic

Intellectual property rights have prevented full coverage and have resulted in high ARV prices

Africa Action-07 (Stephanie Parker, Big Pharma and Big Profits: Denying Access to Aids Medication, August, http://www.africaaction.org/resources/docs/BigPharmaBigProfits0807.pdf)

A primary cause of low coverage… living with HIV in Africa.

Sub-Saharan Africa is most affected by the HIV/AIDS crisis-2 million have been killed in the past year Avert, International Aids Charity,-07 (“HIV and AIDS in Africa” July 31, http://www.avert.org/aafrica.htm) Sub-Saharan Africa is more heavily… and the economy in general.

Increased ARV usage is effective at reducing mortality and stigma from HIV/AIDS Health Link Worldwide-06 (“HIV and AIDS-Background Reading” http://www.healthlink.org.uk/projects/hiv/article02.html)

ARVs are only able to … people who are using treatment.

ARV prices decrease with the removal of patent protection-empirically proven Wise-06 (Jacqui, “Access to AIDS medicines stumbles on trade rules” Bulletin of the World Health Organization, v. 84, n.5 ) Successful AIDS programs… is not available there at all.

High ARV prices make donations the only viable solution in the status quo, but this is unsustainable- strengthening developing countries capacity to manufacture generic drugs is the key

Guilloux and Moon-01 (Alain and Suerie, Medecins Sans Frontieres, Hidden Price Tags: Disease-Specific Drug Donations: Costs and Alternatives, February, http://www.accessmed-msf.org/upload/ReportsandPublications/2092002185426/4-3.pdf)

Because donations are completely … to compete on fair terms.

Contention 3: Neoliberalism

US patent protection have created a political environment of neoliberalism where the profits of pharmaceutical companies are valued over the suffering of patients in developing countries

Useche and Cabezas, 2005 (Bernardo, Prof. at the University of Texas's school of public health, Amalia, Prof. at the University of California's school of women's rights. "The Vicious Cycle of AIDS, Poverty, and Neoliberalism" http://americas.irc-online.org/pdf/reports/0512vicious.pdf )

Hundreds of millions of poor… patents by the trans-national companies.

TRIPS is the root cause of neoliberalism within intellectual property rights

Coombe-03 (Rosemary, Canada Research Scholar in Law, Communication and Cultural Studies York University, Companion Guide to Law and Society- “Commodity Culture, Private Censorship, Branded Environments, and Global Trade Politics: Intellectual Property as a Topic of Law and Society Research, http://www.yorku.ca/rcoombe/publications/Austinpaper.PDF)

One of the myths of… and loss of US competitiveness.

Neoliberalism is the root cause of HIV/AIDS-it maintains poverty in developing countries Useche and Cabezas, 2005 (Bernardo, Prof. at the University of Texas's school of public health, Amalia, Prof. at the University of California's school of women's rights. "The Vicious Cycle of AIDS, Poverty, and Neoliberalism" http://americas.irc-online.org/pdf/reports/0512vicious.pdf )

Neoliberalism expresses the interests. .. defeating the neoliberal model.

Neoliberalism is the struggle to preserve the status quo-we destroy the other to maintain our own power. This increases the chance of our own collective suicide. Santos-03 (Boaventura de Sousa, Prof. at the University of Columbia, “Collective Suicide?”, Bad Subjects. Issue #63) According to Franz Hinkerammert… countries for four years.

US deviance from IPR would allow other countries violate patent laws Resnik and Deville-02 (David B. and Kenneth A. Professors at East Carolina University, “Bioterrorism and Patent Rights: “Compulsory Licensure” and the Case of Cipro”, Project Muse) The slippery slope implication… from US companies.

The shift to neoliberalism has been masked but can be combated through the action of state and social institutions Bourdieu-98 (Pierre, Le Monde Diplomatique-‘ Utopia of Endless Exploitation-Essence of Neoliberalism’ http://mondediplo.com/1998/12/08bourdieu)

The transition to liberalism… at and collectively ratified.

Political reform has empirically been successful at challenging entrenched systems like neoliberalism

McChesney-99 (Robert W., Professor of Communications at the University of Illinois, Global Policy Forum, Monthly Review-“Noam Chomsky and the Struggle against Neoliberalism”, http://www.globalpolicy.org/globaliz/econ/chmsky99.htm) Neoliberalism’s loudest message… and individual freedom. State action is key-it is best positioned to challenge neoliberalism for many reasons

Graf-95 (William, Professor of Geography at the University of South Carolina, Socialist Register “THE STATE IN THE THIRD WORLD”, http://socialistregister.com/socialistregister.com/files/SR_1995_Graf.pdf)

It is important… and whose state?

Defenses of neoliberalism are empirically denied-neoliberalism has failed many times in developing countries and has caused an apocalyptic situation in sub-Saharan Africa

Caffentzis-02 (George, Alternatives-Turkish Journal of International Relations- “Neoliberalism in Africa, Apocalyptic Failures and Business as Usual Practices”)

In this talk… AIDS in Africa.

Defenses of neoliberalism are false-they offer only circular logic and an infallible religious faith in the free market McChesney-99 (Robert W., Professor of Communications at the University of Illinois, Global Policy Forum, Monthly Review-“Noam Chomsky and the Struggle against Neoliberalism”, http://www.globalpolicy.org/globaliz/econ/chmsky99.htm) The economic consequences… system possible.

Valley HR – Affirmative – Refugees

Plan Resolved: The United States federal government should engage in Development Assisted Integration of refugees into local populations in topically designated areas.

Contention 1: Refugee Integration

--Currently, refugees are considered to be short term and are treated as such, leading to a reliance on a camp based approach. This causes tension between the refugees and the local population, health crises, and puts sever constraints on the refugees. Development Assisted Integration allows for voluntary entry of refugees into local populations, as well as strengthening of health services of everyone.

Feldman, 2007 (Sara J, works for Migration and Refugee Services at the US Conference of Catholic Bishops, “Development Assisted Integration: A Viable Alternative to Long Term Residence in Refugee Camps?” The Fletcher Journal of Human Security)

Since the inception of the refugee protection regime… host governments, local populations, donors, and refugees.

--Development Assisted Integration allows for much larger degrees of freedom for refugees to integrate into local populations while still maintaining the right to go home if wanted, all while expanding on local health service available to the entire population.

Feldman, 2007 (Sara J, works for Migration and Refugee Services at the US Conference of Catholic Bishops, “Development Assisted Integration: A Viable Alternative to Long Term Residence in Refugee Camps?” The Fletcher Journal of Human Security)

Like the other local integration schemes mentioned above, DAI is an approach…while donors and development organizations would need to put integrated refugee programs on their agendas.54

--The US is key- primary donor and everyone looks to them.

Ogata 2k (Sadako, United Nations High Commissioner for Refugees at the Carnegie Endowment for International Peace, “Ten Years of Refugee Work: Lessons from the Past, Directions for the Future, 11-15-2000, [|http://www.carnegieendowment.org/events/index.cfm?fa=eventDetail&id=233&)]

Ladies and Gentlemen, I have highlighted some of the challenges I see facing UNHCR,…and a great honor to serve this cause as High Commissioner.

Contention 2: The Fun Stuff

--The refugee embodies the failure to meet our obligation to the Other. Only by allowing integration of the refugees are we able to overcome our own egoistic self interests, and heed the call of Being.

David J. Gauthier December 2004 MARTIN HEIDEGGER, EMMANUEL LEVINAS, AND THE POLITICS OF DWELLING http://etd.lsu.edu/docs/available/etd-11052004-163310/unrestricted/Gauthier_dis.pdf

Like Heidegger, Levinas is concerned about the problem of modern homelessness…the self transforms the home into an instrument of ethical action.2

--We have an infinite obligation to the other, to deliberate on that obligation leads to violence. Fryer 2004 David Fryer The Intervention of the Other: Ethical Subjectivity in Levinas and Lacan p. 219-220

For Levinas, an origin is an-archic – a proto-foundation…I am awakened to the ethical structure of my subjectivity.

--Our responsibility to the other comes before any questions of implementation and consequences. Even if our actions are counterproductive or our own death, we must attempt take action towards the other first.

Bauman 1992. (Zygmunt. Emeritus Professor of Sociology at the University of Leeds. “He is known worldwide for his recent work in the social theory of modernity and postmodernity.” Mortality, Immortality and Other Life Strategies ] Pp. 207-208

But one can also be ready to die for the Other not… because one cannot go on caring while trying to escape it.

--Statelessness leads to a lack of existence, a denial to the refugee’s value to life.

TUBB 2K6 (Statelessness and Colombia: Hannah Arendt and the Failure of Human Rights, DANIELLE, [|http://www.undercurrentjournal.ca/2006III2%20-%20tubb.pdf)] Hannah Arendt 10 identifies the most fundamental of all human rights … both loss of an Aristotelian polity and an expulsion from humanity (Arendt, 1985, p.297).

--Our obligation to the other should exclude any interests with the sovereign that contradict it. Risk of disad should be not be used to exclude the refugees.

Paul Miller, Australian National University 2004 Truth Overboard: What does it Mean for Politicians and Statesmen to Assume Responsibility for their Words of Mass Destruction? Borderlands Volume 3 Number 1, 2004

Firstly, while Levinasian ethics is an ethics of particularity and cannot tell us …rather than how best to exclude them.

--GRANTING RIGHTS OF CITIZENSHIP IS THE ONLY ETHICAL WAY TO TREAT THE PALESTINIANS IN LEBANON - WE MUST COMBINE ETHICS AND POLITICS

SMITH 1997 (NICK, PHD, “Incommensurability and Alterity in Contemporary Jurisprudence,” 45 Buffalo L. Rev. 503) Levinas claims that the political/ethical aporia is analogous to …and deconstruction is, at every turn, a political practice.

--REJECT UTIL IN THE CONTEXT OF REFUGEES- RIGHTS COME BEFORE AND THIS IDEA HAS CAUSED MASS REFUGEE SUFFERING AND POLITICAL INSTABILITY

BARKAN, Claremont Graduate University, 2K5 (FACTS, RIGHTS, AND REMEDIES: IMPLEMENTING INTERNATIONAL LAW IN THE ISRAEL/PALESTINE CONFLICT SPONSORED BY THE TODA INSTITUTE FOR GLOBAL PEACE AND POLICY RESEARCH: The Mirage of Rights – Response, 28 Hastings Int'l & Comp. L. Rev. 411 Rights famously exist beyond utilitarian considerations… that the refugees are made to carry the heavy burden.

--Err on the side of the systemic problems refugees face now- their political predictions are as accurate as dart throwing monkeys. Menand 2005 (Louis ,phd Colombia and Robert M. and Anne T. Bass Professor of English and American Literature and Language at Harvard University., The New Yorker, 12-05-2005, http://www.newyorker.com/critics/content/articles/051205crbo_books1 )

people who make prediction their business… but heartened to think that there might be a way of raising the standard.