The Impact of Globalization on Infectious Disease Emergence and Control Exploring the Consequences and Opportunities: Workshop Summary (2006) / Chapter Skim
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Appendix B International Law, Infectious Diseases, and Globalization
Appendix B International Law, Infectious Diseases, and Globalization
Pages 181-196
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From page 181... ...
These challenges are many and diverse, but conceptually, they can be categorized as horizontal and vertical health challenges. Horizontal challenges constitute the public health problems that arise from increased cross-border microbial traffic caused by the increased speed and volume of international trade and travel.
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From page 182... ...
The last 50 years have, however, witnessed changes in how international law relates to the governance challenges globalization creates for infectious disease policy; these changes are analyzed in the third section. The final section examines how current arguments connecting infectious diseases with foreign policy and national security concerns of the great powers might affect the role of international law in global infectious disease policy.
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From page 183... ...
The policies and duties created through international governance then inform national governance. Global governance involves not only states and international institutions but also nonstate actors, such as multinational corporations (MNCs)
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Global governance efforts affect the dynamics of both international and national governance. International Law, Infectious Disease Strategies, and the Governance Frameworks Crudely defined, international law constitutes the body of binding rules that govern the relations between sovereign states (Brownlie, 1998)
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From page 185... ...
The first century of international health governance witnessed the creation of three primary horizontal international legal regimes relating to infectious diseases -- the classical, organizational, and trade regimes. The Classical Regime The long line of international sanitary conventions adopted from the late nineteenth century until World War II (for a list of these treaties, see Fidler, 1999)
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From page 186... ...
The trade regime represents, therefore, another horizontal international legal regime that contributes to international governance on infectious diseases. GLOBALIZATION, INFECTIOUS DISEASES, AND CHANGES IN GOVERNANCE FRAMEWORKS AND STRATEGIES, 1951–2002 Globalization's impact on infectious disease control and prevention did not end in 1951 but has been ongoing.
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From page 187... ...
Shift in Focus from Classical to Trade Regime The past half-century has seen the importance of the classical regime diminish and the importance of the trade regime grow. This shift from the classical to the trade regime can be seen in the intersection of two watershed events in horizontal international governance on infectious diseases.
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From page 188... ...
If the IHRs authorize WHO, through GOARN, to deal with nongovernmental sources of information and with a much longer list of infectious diseases, why did WHO argue from 1995 on that the IHRs are inadequate because they (1) do not allow use of nongovernmental epidemiological information, and (2)
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From page 189... ...
. Much of international environmental law attempts to create rules that reduce environmental threats to human health, so this body of international law connects to public health (Fidler, 2001c)
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From page 190... ...
Nonstate actors have long been involved in national and international governance, but experts perceive that globalization has produced new forms of global governance in which the nonstate actors take on more important governance functions. In the infectious disease context, we can discern various global governance mechanisms converging into what may be called the access regime -- a vertical global governance regime that seeks to increase access to essential drugs and medicines for people living in developing countries.
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From page 191... ...
The global movement to increase access to essential medicines can be seen as the evolution of a new regime -- the access regime -- that has become the most prominent and controversial development in the use of international law for infectious disease control purposes. This section briefly describes this emerging vertical global governance regime.
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From page 192... ...
TABLE B-2 The Access Regime and Governance Frameworks National Governance International Governance Global Governance NGO lawsuits filed in national Developing-country and NGO activism directed court systems to force national WHO advocacy to at MNCs, international governments to increase strengthen the public organizations, and access to HIV/AIDS therapies health safeguards in national governments under the precept of the TRIPS to ensure access (e.g., MSF's global human right to health (e.g., to affordable drugs and campaign opposing South African case of medicines (e.g., Doha pharmaceutical MNCs' Treatment Action Campaign Declaration on the lawsuit against South v. Minister of Health TRIPS Agreement and Africa)
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From page 193... ...
The various public– private partnerships, such as the Global Fund, are not based in treaty law, which is a classical international legal contribution to international governance. The participation of states and international organizations in these global governance efforts is, thus, nonbinding and voluntary as a matter of international law.
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From page 194... ...
The shift from binding commitments in international governance to nonbinding, voluntary participation in global governance efforts may suit the narrow public health interests of the great powers to the long-term detriment of strengthening national and international governance on infectious diseases. CONCLUSION The globalization of public health creates infectious disease challenges that force states to engage in international cooperation.
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From page 195... ...
1999. International Law and Infectious Diseases.
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From page 196... ...
. Declaration on the TRIPS Agreement and Public Health.
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