Global Health Law

Author: Lawrence O. Gostin

Publisher: Harvard University Press

ISBN: 0674369882

Category: Law

Page: N.A

View: 9767

Despite global progress, staggering health inequalities between rich and poor raise basic questions of social justice. Defining the field of global health law, Lawrence Gostin drives home the need for effective governance and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right.

Global Health Law

Author: Lawrence O. Gostin

Publisher: Harvard University Press

ISBN: 0674369874

Category: Law

Page: 560

View: 6449

Despite global progress, staggering health inequalities between rich and poor raise basic questions of social justice. Defining the field of global health law, Lawrence Gostin drives home the need for effective governance and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right.

Global Health Law

Author: Lawrence O. Gostin

Publisher: Harvard University Press

ISBN: 9780674728844

Category: Law

Page: 559

View: 8647

Despite global progress, staggering health inequalities between rich and poor raise basic questions of social justice. Defining the field of global health law, Lawrence Gostin drives home the need for effective governance and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right.

Law and Global Health

Current Legal Issues

Author: Michael Freeman,Michael D. A. Freeman,Belinda Bennett,Sarah Hawkes

Publisher: Oxford University Press

ISBN: 0199688990

Category: Law

Page: 600

View: 9439

Law and Global Health is the latest volume in the Current Legal Issues series. It contains a broad range of articles from scholars and public health experts dicussing the interaction between law and public health in low-, middle- and high-income countries.

Public Health Law

Power, Duty, Restraint

Author: Lawrence O. Gostin,Lindsay F. Wiley

Publisher: Univ of California Press

ISBN: 0520958586

Category: Law

Page: 768

View: 5918

Lawrence O. Gostin’s seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public’s health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public’s health, Gostin and Wiley’s essential study provides a blueprint for public and political debates to come. New issues covered in this edition: • Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. • Local government authority to protect the public’s health. • Deregulation and harm reduction as modes of public health law intervention. • Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. • Access to health care as a strategy for protecting the public’s health. • Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. • The public health law perspective on violence and injury prevention. • Health justice as a framework for reducing health disparities and protecting the public’s health.

Research Handbook on Global Health Law

Author: Gian Luca Burci,Brigit Toebes

Publisher: Edward Elgar Publishing

ISBN: 9781785366536

Category:

Page: 560

View: 5602

This timely Research Handbook provides a critical conceptualization and definition of the growing field of global health law. The Handbook forms the first comprehensive study on the treatment of health issues in international legal regimes and explores the role of international law in addressing the most prominent global health challenges. The editors have consciously adopted a holistic approach by including "soft" norms and informal law-making processes in the Handbook's scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Handbook also adopts an interdisciplinary approach by looking at health from a governance perspective and using insights from international relations scholarship in forecasting possible future developments surrounding health law. The Handbook features contributions from a team of leading international legal scholars who have experience of approaching the issue of global health from multiple angles. International law scholars who are seeking information on the growing role of health in governance trends will find this Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find the Handbook to be a valuable resource.

Comparative Health Law and Policy

Critical Perspectives on Nigerian and Global Health Law

Author: Irehobhude O. Iyioha,Remigius N. Nwabueze

Publisher: Routledge

ISBN: 1317163087

Category: Law

Page: 348

View: 2242

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.

Public-Private Partnerships and Responsibility under International Law

A Global Health Perspective

Author: Lisa Clarke

Publisher: Routledge

ISBN: 1317975375

Category: Law

Page: 270

View: 6099

Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.

Public Health Law and Ethics

A Reader

Author: Lawrence O. Gostin

Publisher: Univ of California Press

ISBN: 0520946057

Category: Medical

Page: 600

View: 6844

Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy.

Human Rights in Global Health

Rights-Based Governance for a Globalizing World

Author: Benjamin Mason Meier,Lawrence O. Gostin

Publisher: Oxford University Press

ISBN: 0190672706

Category: Social Science

Page: 456

View: 6672

Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.

Global Health Law

An Introduction

Author: Michel Bélanger

Publisher: Archives contemporaines

ISBN: 2813000728

Category: Medical care

Page: 158

View: 7790

Health law is rapidly expanding both as a subject and as a discipline, at national and international levels. This expansion manifests itself on all continents, albeit to various degrees. International health law increasingly influences the direction taken by national health laws. Indeed there is a trend towards the elaboration of a body of global health law. This book is a summary that aims to show and demonstrate this phenomenon. Global health law appears to be the spearhead of a currently emerging general body of law for humanity. Health law is thus an essential and logical vector for the globalisation of law.

Global Health Disputes and Disparities

A Critical Appraisal of International Law and Population Health

Author: Dru Bhattacharya

Publisher: Routledge

ISBN: 0415673801

Category: Law

Page: 167

View: 5752

Global Health Disputes and Disparities explores inequalities in health around the world, looking particularly at the opportunity for, and limitations of, international law to promote population health by examining its intersection with human rights, trade, and epidemiology, and the controversial issues of legal process, religion, access to care, and the social context of illness. Using a theoretical framework rooted in international law, this volume draws on a wide range of rich empirical data to assess the challenges facing the field, including international legal treaty interpretation, and specific issues related to the application of law in resolving pressing issues in gender, access to care, and social determinants of health. In doing so, it illustrates the challenges for implementing rights-based approaches to address health disparities, with profound implications for future regulations and policymaking. It includes both interviews with leading scholars, as well as a variety of case studies from prominent international forums, including formal claims brought before the Human Rights Council and the Committee on the Elimination of All Forms of Discrimination Against Women, as well as regional and national experiences, drawn from disputes in India, Indonesia, South Africa and the USA. This volume is an innovative contribution to the burgeoning fields of global health and human rights, and will be of interest to students and researchers in public health, global health, law and sociology interested in the social determinants of health and social justice from both theoretical and practical perspectives.

Global Health Governance

International Law and Public Health in a Divided World

Author: Obijiofor Aginam

Publisher: University of Toronto Press

ISBN: 0802080006

Category: Law

Page: 202

View: 9511

Drawing from a wide range of disciplines, "Global Health Governance" offers a holistic approach to global health governance involving a multiplicity of actors: nation-states, international organizations, civil society organizations, and private actors.

Biosecurity in the Global Age

Biological Weapons, Public Health, and the Rule of Law

Author: David P. Fidler,Lawrence O. Gostin

Publisher: Stanford University Press

ISBN: 0804774471

Category: Law

Page: 320

View: 702

Biosecurity comprehensively analyzes the dramatic transformations that are reshaping how the international community addresses biological weapons and infectious diseases. The book examines the renewed threat from biological weapons, and explores the new world of biological weapons governance. Gostin and Fidler argue that the arms control approach in the Biological Weapons Convention no longer dominates. Other strategies have emerged to challenge the arms control approach, and the book identifies four important policy trends—the criminalization of biological weapons, regulation of the biological sciences, management of the biodefense imperative, and preparation for biological weapons attack. The book also explores the challenges to public health resulting from new security threats. The authors look at the linkages between security and public health policy, both at the national and international level. For instance, Gostin and Fidler scrutinize the difficulty of developing policies that improve defenses against both biological weapons and the threat of infectious diseases from new viral strains. The new worlds of biological weapons and public health governance raise the importance of crafting policy responses informed by the rule of law. Thinking about the rule of law underscores the importance of finding globalized forms of biosecurity governance. The book explores patterns in recent governance initiatives and advocates building a "global biosecurity concert" as a way to address the threats biological weapons and infectious diseases present in the early 21st century.

The Global Health Crisis

Ethical Responsibilities

Author: Thana Cristina de Campos

Publisher: Cambridge University Press

ISBN: 1108118348

Category: Law

Page: N.A

View: 4197

Proposing a new view of global justice based on natural law, this book presents a discussion of the key ethical values in contemporary medicine and health, notably in relation to neglected diseases like malaria, Ebola and Zika. The lack of treatments for such diseases points to a global health crisis. Thana Cristina de Campos provides a general framework, based on global commutative justice, for discussion of the ethical responsibilities of international stakeholders, mapping the varying duties they have, and their content and force. She also addresses the urgent need for reforms to the international legal rules on bioethics, notably the system of intellectual property rights. These ideas will be of interest to those who are looking for a more nuanced view of the human right to health than that provided by advocates in the globalist mainstream.

Global Health and Human Rights

Legal and Philosophical Perspectives

Author: John Harrington,Maria Stuttaford

Publisher: Routledge

ISBN: 1136963723

Category: Law

Page: 232

View: 7946

The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.

Global Health Governance

Author: Jeremy Youde

Publisher: John Wiley & Sons

ISBN: 0745660983

Category: Political Science

Page: 240

View: 3849

In recent years the spread of diseases such as AIDS, SARS and avian flu has pushed health issues towards the top of the international agenda. Such outbreaks have serious political, economic, and social consequences and remind the world of the necessity of global cooperation in order to deal effectively with the challenges they pose. Global Health Governance offers a comprehensive introduction to the changing international legal environment, the governmental and non-governmental actors involved with health issues, and the current regime’s ability to adapt to new crises. Part 1 focuses on the evolution of international regulations aimed at stopping the spread of health problems across borders. Over the last 150 years, the nature of such cooperation, the motivations of the parties involved, and the diseases covered, has changed radically. Part 2 examines some of the most prominent actors in global health governance today, ranging from traditional intergovernmental organizations, such as the WHO and the World Bank, to private philanthropic organizations that exist outside regular global governance structures. Part 3 concentrates on some of the most pressing issues facing global health governance today, including access to pharmaceuticals, the costs and benefits of making health a security issue, and the role of civil society organizations. Global Health Governance provides an accessible and insightful analysis of an evolving realm of global governance and cooperation. It will appeal to students of global health politics, global governance, international organization, and human security.

Incentives for Global Public Health

Patent Law and Access to Essential Medicines

Author: Thomas Pogge,Matthew Rimmer,Kim Rubenstein

Publisher: Cambridge University Press

ISBN: 1139487779

Category: Law

Page: N.A

View: 4576

This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.

Global Health Governance

Author: Sophie Harman

Publisher: Routledge

ISBN: 1136586512

Category: Political Science

Page: 200

View: 3273

In the light of scares about potential pandemics such as swine fever and avian flu, the issue of global health and its governance is of increasing concern to scholars and practitioners of medicine, public health, social work, and international politics alike. Providing a concise and informative introduction to how global health is governed, this book: Explores the various ways in which we understand global health governance Explains the "nuts and bolts" of the traditional institutions of global health governance, highlights key frameworks and treaties and their relative successes and failings Examines the actors in global health governance, their purpose, influence and impact Offers an in depth analysis of the effectiveness of global health interventions, focusing particularly on HIV/AIDS, tuberculosis and malaria. Highlighting the wide variety of actors, issues and approaches involved, this work shows the complex nature of global health governance, forcing the reader to examine who or what really governs global health, to what outcome, and for whom.