<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
<html>
<head>
<meta content="text/html; charset=ISO-8859-1"
http-equiv="Content-Type">
</head>
<body bgcolor="#ffffff" text="#333333">
<font face="sans-serif">Riaz<br>
<br>
The merits of any particular law being applied is not the issue
here. It is the right of political communities to have systems to
govern themselves, and not be subject to the dictates/ laws of the
most powerful, vis a vis whom people subject to the power/ laws
have no right of representation or redress. <br>
<br>
A position on this second issue, which is the intended one in the
present thread, is imp to take, whatever it may be. It should not
be confused with a discussion on the actual merits of a particular
law. (In the present case, you may have a point, but what do you
thus imply. US gov should not be able to apply its politically
developed laws to acts taking place within its boundaries in an
area as crucial to public interest as health. Improving these
laws, and removing the influence of special interest is an
entirely different issue which we would of course agree on.)<br>
<br>
... parminder <br>
</font><br>
On Saturday 27 August 2011 01:57 PM, Riaz K Tayob wrote:
<blockquote cite="mid:4E58AA6C.7090608@gmail.com" type="cite">I
think it is important that the issue of pharmaceuticals regulation
on the internet be treated with caution - there the issue is being
used along with efforts by BigPharma to prevent parallel
importation (and not consumer protection).
<br>
<br>
And regarding choice of laws, I am not convinced that it is as
easily resolvable as all that.
<br>
<br>
As Nader in the US has pointed out, why is it we accept
contractual terms set in fine print etc for regulation of most of
our arrangements - and many of these terms contract out of
consumer protection or benefits that the law would provide
(example waivers etc). But in common law (roman dutch
jurisdictions) contractual liability can attach, notwithstanding
claims of choice of laws in some cases, where the contract was
entered into, where either party resides, and where there is a the
possibility of not rendering an empty verdict (like getting a
judgement and then seeking enforcement of that judgement in a
foreign jurisdiction). While contractual claims may be difficult,
it is the violation of "fair contracting" terms that (consumer
protection) etc that makes liability issues a global concern. And
hence something that puts poorer countries at disadvantage.
<br>
<br>
Riaz
<br>
<br>
On 2011/08/27 01:13 AM, Roland Perry wrote:
<br>
<blockquote type="cite">In message
<a class="moz-txt-link-rfc2396E" href="mailto:4E5795FF.5080606@digsys.bg"><4E5795FF.5080606@digsys.bg></a>, at 15:47:59 on Fri, 26 Aug
2011, Daniel Kalchev <a class="moz-txt-link-rfc2396E" href="mailto:daniel@digsys.bg"><daniel@digsys.bg></a> writes
<br>
<blockquote type="cite">According to the 'government rule'
opinion, that country's government should be able to sue
Google and/or the "Canadian" drug sellers for breaching their
national laws. Has this ever happened? There are lots of
things, that Internet makes accessible to anyone, including
people whose local government has decided they are not
entitled to it.
<br>
What typically happens is it is the consumer that gets beaten
for not assisting the law.
<br>
</blockquote>
<br>
Pharmaceuticals are an interesting case because what's normally
being regulated is the ability to prescribe them, not the
consumption.
<br>
<br>
Therefore, there are some pharmaceuticals which are available
"over the counter" in some countries, but a Doctor's
prescription is required in other countries. Similarly there are
certain pharmaceuticals which are available by Doctor's
prescription in some countries, but only if you are on a
clinical trial in other countries (where the regulator has not
yet determined that they are safe to use).
<br>
<br>
If the medical community, which is relatively joined-up
worldwide, has not been able to harmonise these things yet, I'm
not sure that those of us in the Internet Governance space can
do much to help.
<br>
</blockquote>
____________________________________________________________
<br>
You received this message as a subscriber on the list:
<br>
<a class="moz-txt-link-abbreviated" href="mailto:governance@lists.cpsr.org">governance@lists.cpsr.org</a>
<br>
To be removed from the list, visit:
<br>
<a class="moz-txt-link-freetext" href="http://www.igcaucus.org/unsubscribing">http://www.igcaucus.org/unsubscribing</a>
<br>
<br>
For all other list information and functions, see:
<br>
<a class="moz-txt-link-freetext" href="http://lists.cpsr.org/lists/info/governance">http://lists.cpsr.org/lists/info/governance</a>
<br>
To edit your profile and to find the IGC's charter, see:
<br>
<a class="moz-txt-link-freetext" href="http://www.igcaucus.org/">http://www.igcaucus.org/</a>
<br>
<br>
Translate this email: <a class="moz-txt-link-freetext" href="http://translate.google.com/translate_t">http://translate.google.com/translate_t</a>
<br>
<br>
<br>
</blockquote>
</body>
</html>