Groves+GM+aff

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.

Groves GM – Affirmative – Zimbabwe – At-Large Team

Contention One: The Status Quo

The United States provides public health assistance to nearby countries but continues to ignore Zimbabwe

Plus News, ‘6 (Plus News is a service of the Integrated Regional Information Networks, a project of the United Nations Office for the Coordination of Humanitarian Affairs, “HIV-positive people floundering as economy sinks,” http://www.plusnews.org/report.aspx?reportid=39584, 5/10)

Zimbabweans have had … as we can on a day-to-day basis".

And, the few drugs people do have are expired, risking drug resistance

Voice of America, ‘7 (“Zimbabwe's HIV-Positive Concerned About Expired Antiretroviral Drugs,” http://voanews.com/english/Africa/Zimbabwe/2007-11-26-voa45.cfm)

Some HIV-positive Zimbabweans .. advice of a qualified physician.

Thus we offer the following plan:

The United States federal government should export all necessary antiretroviral medication to the Republic of Zimbabwe for the treatment and prevention of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome for use in the Republic of Zimbabwe.

Contention Two: HIV/AIDS Lack of access to antiretroviral treatment in Zimbabwe has led to hundreds of thousands of deaths Action Contre la Faim, ‘6

(“Zimbabwe Insight into the Humanitarian Crisis and Food Politics,” http://www.kubatana.net/html/archive/foodse/060504acf.asp?sector=FOODSE, p10, 4/4)

The life expectancy has dropped … and the impact of HIV/AIDS.

The AIDS crisis in Zimbabwe has created massive food insecurity by crippling the agriculture sector. The most productive members of rural communities die early and traditional farming knowledge is lost.

Sokwanele Reporter, ‘5 (Sokwanele is a Zimbabwean civic action group, “Zimbabwe's food security threatened by HIV/AIDS and ZANU PF policies,” http://www.sokwanele.com/articles/sokwanele/ninthayofchristmas_3jan2005.html, 1/3)

Life expectancy at birth … for Zimbabwe's food security.

The agriculture industry is key to restoring Zimbawe’s economy – any other solution is doomed to failure

Timmer, ‘6 (Peter, Senior Fellow at the Center for Global Development and Visiting Professor in the Program on Food Security and Environment at Stanford, “Why Zimbabwe Cannot Leapfrog Agriculture,” http://www.cgdev.org/section/initiatives/_active/zimbabwe/landreform/agriculture)

Suppose Zimbabwe's leaders … while dependent on food aid.

We’ll isolate two impacts: First, stability Restoring Zimbabwe’s economy is key to ensuring regional stability

The Herald, ‘7 (“Southern Africa: SADC Cannot Ignore Zimbabwe,”

http://allafrica.com/stories/200708220043.html, 8/22)

The major point being, … and ensure regional stability.

African instability escalates into nuclear war Deutsch, ‘2 (Dr. Jeffrey, PhD in Economics from GMU, Founder of the Rabid Tiger Project (Political Risk Consulting & Research Firm), The Rabid Tiger Newsletter vol. 2 no. 9, November 18, http://www.rabidtigers.com/newsletterv2n9.html)

The Rabid Tiger Project … some people love to go fishing.

Second, biodiversity Zimbabwe’s economic decline has hurt the environment

The economic meltdown has led … are spreading through Zimbabwe.

Every loss of biodiversity risks extinction – the fact that we can’t bring the species back after they are gone means that we must attempt to protect as many as possible

Chauhan, research scientist at Griffith University – Brisbane, ‘1 (Surender, Singh, Biodiversity, Biopiracy, and Biopolitics: The Global Perspective, p. 29-30)

Apart from Nuclear War … survival of humanity) Contention Three: Hidden Sanctions

Our failure to provide Zimbabwe with health assistance to fight AIDS is politically motivated, condemning the innocent for the Government’s transgressions Guni, ‘5

(Dr. Frenk, HIV/AIDS and public health policy expert and consultant, winner of the 2003 Jonathan Mann Award for Global Health and Human Rights, recipient of the 2002 International Award for Leadership in HIV/AIDS Programming, has provided services for UNAIDS, WHO and many more the Organization of African Unity, US Department of Health and Human Services, USAID, Emory University Faculties of Public Health and Medicine, PACT, AED, The Synergy Project, The Futures Group, Doctors Concerned About AIDS, Global Council on Foundations, US State Department, the Global Fund for TB, Malaria and HIV/AIDS and, most recently, Georgetown UniversityÕs Institute for Health Care Research and Policy. Guni has served as an expert on various HIV/AIDS panels including the Human Resources Services Administration Clinical Experts on HIV/AIDS and Public Health, CDC Special Emphasis Panel of Reviewers, Indiana University School of Medicine-continued medical education & HIV/AIDS and Clinical Considerations for Rolling out HIV Anti-Retroviral Therapy, 3/30, “Death by Denial: A Case for Mugabe”, http://www.worldpress.org/Africa/2056.cfm)

Across Zimbabwe over a million … reform and redistributing program. Placing sanctions on Zimbabwe to achieve political ends conceals the instrumentalization of people in euphemism, making nuclear war inevitable. Furthermore, wealthy people can evade the sanctions anyway.

Davidsson, (Revised in) ‘3

(Elias, editor for The Centre for Research on Globalization,The Mechanism of economic sanctions: Changing Perceptions and Euphemisms, http://www.aldeilis.net/english/images/stories/economicsanctions/debate.pdf, Original from March 2002)

In order to effectively … included in the trade ban. The reduction of people’s health to mere calculation – using techno-rational modes of thought to evaluate who “deserves” aid destroys any value to life and justifies the worst atrocities of the Holocaust

Dillon 99 (Michael, Professor of IR @ Lancaster, “Another Justice” Political Theory, Vol. 27, No. 2. April, pp. 165)

Economies of evaluation … whatever exceeds measure."

Furthermore, sanctions do nothing to stop Mugabe’s power, they only give him the “foreign devil” he needs to retain power

Laurson, ‘7 (Jens F. “For Zimbabwe, the World Cup Beats the World Bank” June 15,

http://www.american.com/archive/2007/june-0607/for-zimbabwe-the-world-cup-beats-the-world-bank)

Western sanctions … advice from the bank.

Contention Four: Solvency

The WHO concludes that Zimbabwe’s HIV/AIDS distribution system could work with more resources

WHO, ‘5 (“SUMMARY COUNTRY PROFILE FOR HIV/AIDS TREATMENT SCALE-UP: ZIMBABWE,” www.who.int/hiv/HIVCP_ZWE.pdf)

In 1987, the government … care of people infected and affected by HIV. Mugabe empirically allows unconditional aid when needed

The Telegraph, ‘5 (“Mugabe admits he needs food aid to rescue Zimbabwe,” 5/20, http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/05/19/wzim19.xml)

President Robert Mugabe … help if it came without conditions.

We solve all your alt causes – lower drug prices are the internal link to alleviating all problems related to HIV/AIDS

Chien ‘3 (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 … pressing and realistic objective.

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, ‘2 (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 … building of health infrastructure. US action key – they control the rights to many important HIV/AIDS treatments

Weissman, ‘3 (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 … 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, ‘3 (“The Great Health Grab,” Dinyar Godrej, November, http://www.thirdworldtraveler.com/Health/Great_Health_Grab.html)

But patents are the icing on … manufacturing could be one 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, ‘5 (Kevin, Associate Professor of Law, West Virginia University College of Law 2005, “Pharmaceutical Arbitrage,” Winter, 2005. 5 Yale J. Health Pol'y L. & Ethics 193)

With South Africa stymied, … last decade for access to cheap ARV therapy in Africa.