Just an update: my article just went live on the Duke Journal of Comparative and International Law website here.
An abstract follows: The pharmaceutical industry is one of the most important players in the field of clinical research on human beings. Increasingly in recent years, “Big Pharma” in the United States and elsewhere has turned to foreign populations to test its new products. The purpose of this note is to examine how existing sources of quasi-legal and ethical regulation address the troublesome issues raised by this increase in international human experimentation. First, the note gives a brief history of human experimentation and its regulation, giving special focus to the events of the twentieth century that have most affected the development of the bioethics movement. Next, it describes and compares several instruments of international regulation of human subject experimentation. Finally, it examines some of the difficult ethical issues associated with international research on human subjects. In this discussion, the greatest amount of attention will be given to clinical trials performed by the pharmaceutical industry. Other types of international research on human subjects exist, but research by the pharmaceutical companies poses its own special regulatory and ethical problems. (18 Duke J. Comp. & Int’l L. 181)
For those who were wondering, yes, as a matter of fact we do publish the Fall 2007 issue in the middle of summer 2008.