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There has been a rapid increase in the pace and scope of
international collaborative research in developing countries in
recent years. This study argues that whilst ethical regulation of
biomedical research in Africa and other developing countries has
attracted global attention, legal liability issues, such as the
application of common law rules and the development of legally
enforceable regulations, have been neglected. It examines some of
the major research scandals in Africa and suggests a new ethical
framework against which clinical trials could be conducted. The
development of research guidelines in Uganda, Tanzania, Malawi and
Nigeria are also examined as well as the role of ethics committees.
Providing a detailed analysis of the law of negligence and its
application to research ethics committees and their members, common
law and constitutional forms of action and potential negligence
claims, the book concludes by suggesting new protocols and
frameworks, improved regulation and litigation. This book will be a
valuable guide for students, researchers, and policy-makers with an
interest in medical law and ethics, bioethics, customary law in
Africa and regulation in developing countries.
There has been a rapid increase in the pace and scope of
international collaborative research in developing countries in
recent years. This study argues that whilst ethical regulation of
biomedical research in Africa and other developing countries has
attracted global attention, legal liability issues, such as the
application of common law rules and the development of legally
enforceable regulations, have been neglected. It examines some of
the major research scandals in Africa and suggests a new ethical
framework against which clinical trials could be conducted. The
development of research guidelines in Uganda, Tanzania, Malawi and
Nigeria are also examined as well as the role of ethics committees.
Providing a detailed analysis of the law of negligence and its
application to research ethics committees and their members, common
law and constitutional forms of action and potential negligence
claims, the book concludes by suggesting new protocols and
frameworks, improved regulation and litigation. This book will be a
valuable guide for students, researchers, and policy-makers with an
interest in medical law and ethics, bioethics, customary law in
Africa and regulation in developing countries.
Health law and policy in Nigeria is an evolving and complex field
of law, spanning a broad legal landscape and drawn from various
sources. In addressing and interacting with these sources the
volume advances research on health care law and policy in Nigeria
and spells the beginning of what may now be formally termed the
'Nigerian health law and policy' legal field. The collection
provides a comparative analysis of relevant health policies and
laws, such as reproductive and sexual health policy, organ donation
and transplantation, abortion and assisted conception, with those
in the United Kingdom, United States, Canada and South Africa. It
critically examines the duties and rights of physicians, patients,
health institutions and organizations, and government parastatals
against the backdrop of increased awareness of rights among patient
populations. The subjects, which are discussed from a legal,
ethical and policy-reform perspective, critique current legislation
and policies and make suggestions for reform. The volume presents a
cohesive, comparative, and comprehensive analysis of the state of
health law and policy in Nigeria with those in the US, Canada,
South Africa, and the UK. As such, it provides a valuable
comparison between Western and Non-Western countries.
Biotechnology and the Challenge of Property addresses the question
of how the advancement of property law is capable of controlling
the interests generated by the engineering of human tissues.
Through a comparative consideration of non-Western societies and
industrialized cultures, this book addresses the impact of modern
biotechnology, and its legal accommodation on the customary conduct
and traditional beliefs which shape the lives of different
communities. Nwabueze provides an introduction to the legal
regulation of the evolving uses of human tissues, and its
implications for traditional knowledge, beliefs and cultures.
Health law and policy in Nigeria is an evolving and complex field
of law, spanning a broad legal landscape and drawn from various
sources. In addressing and interacting with these sources the
volume advances research on health care law and policy in Nigeria
and spells the beginning of what may now be formally termed the
'Nigerian health law and policy' legal field. The collection
provides a comparative analysis of relevant health policies and
laws, such as reproductive and sexual health policy, organ donation
and transplantation, abortion and assisted conception, with those
in the United Kingdom, United States, Canada and South Africa. It
critically examines the duties and rights of physicians, patients,
health institutions and organizations, and government parastatals
against the backdrop of increased awareness of rights among patient
populations. The subjects, which are discussed from a legal,
ethical and policy-reform perspective, critique current legislation
and policies and make suggestions for reform. The volume presents a
cohesive, comparative, and comprehensive analysis of the state of
health law and policy in Nigeria with those in the US, Canada,
South Africa, and the UK. As such, it provides a valuable
comparison between Western and Non-Western countries.
Biotechnology and the Challenge of Property addresses the question
of how the advancement of property law is capable of controlling
the interests generated by the engineering of human tissues.
Through a comparative consideration of non-Western societies and
industrialized cultures, this book addresses the impact of modern
biotechnology, and its legal accommodation on the customary conduct
and traditional beliefs which shape the lives of different
communities. As such, it provides an introduction to the legal
regulation of the evolving uses of human tissues, and its
implications for traditional knowledge, beliefs and cultures.
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