THE ROLE OF INTERNATIONAL HEALTH LAW AND THE WHO IN THE REGULATION OF PUBLIC HEALTH

2001 ◽  
pp. 157-174
Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday

Chapter 20 explores the strategic reasons why entities may challenge public health laws, and uses the R.J. Reynolds Tobacco Company v. FDA case to walk through the steps of a legal challenge to a public health law. The chapter also identifies the attorneys involved in defending public health laws on behalf of local, state, and federal government entities and explains how legal technical assistance from public health organizations can support their efforts. Finally, the chapter defines the role of amicus curiae briefs and how they may effectively contribute to the defense of public health laws and regulations.


2020 ◽  
pp. 1-11
Author(s):  
Pratik DIXIT

There is no time more opportune to review the workings of the International Health Regulations (IHR) than the present COVID-19 crisis. This article analyses the theoretical and practical aspects of international public health law (IPHL), particularly the IHR, to argue that it is woefully unprepared to protect human rights in times of a global public health crisis. To rectify this, the article argues that the IHR should design effective risk reduction and response strategies by incorporating concepts from international disaster law (IDL). Along similar lines, this article suggests that IDL also has a lot to learn from IPHL in terms of greater internationalisation and institutionalisation. Institutionalisation of IDL on par with IPHL will provide it with greater legitimacy, transparency and accountability. This article argues that greater cross-pollination of ideas between IDL and IPHL is necessary in order to make these disciplines more relevant for the future.


Medical Law ◽  
2019 ◽  
pp. 37-120
Author(s):  
Emily Jackson

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation or rationing. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.


Author(s):  
Allyn Taylor

The evolution of United Nations treaties in the domain of public health over the last two decades is one of the most significant developments in public international law. Although public health is one of the earliest fields of international legal cooperation and one of the first domains in which an intergovernmental organization was created, the scope of international legal cooperation in public health was, until recently, highly limited. This chapter provides an overview of the contribution of United Nations treaties in the evolving field of international health law. It examines the historical origins and the factors contributing to its contemporary evolution. In addition, the chapter briefly reviews the contribution of UN organizations, especially the World Health Organization, to the codification efforts in this realm.


2019 ◽  
Vol 61 (1) ◽  
pp. 73-102
Author(s):  
Anika Klafki

The world is increasingly vulnerable to infectious diseases. Although the fundamental reform of the International Health Regulations (IHR) in 2005 was heralded as the beginning of a new era of international health law, the Ebola outbreak 2014 shattered all hopes that the world would now be adequately equipped for epidemic outbreaks of transmissible diseases. The Ebola crisis is perceived as an epic failure on the part of the World Health Organization (WHO). The many dead are a sad testimony to the world's inability to adequately respond to the threat posed by contagions. In reaction to this defeat, policymakers now focus on hands-on initiatives to foster global health instead of reformulating international health law. So far, extensive investments and innovations within the WHO, the United Nations system, and in the private sector have multiplied rapidly. The mushrooming of various health initiatives, however, increases the complexity and reduces the consistency of the current global health landscape. The leadership role of the WHO needs to be restored to provide a coherent response for the next global scale public health emergency. To this end, a fundamental reform of the presently widely neglected international regulatory framework in the field of public law, the IHR, is of vital importance. Keywords: World Health Organization, International Health Regulations, Infectious Diseases, Ebola, Influenza, Public Health, Public Health Emergency


2019 ◽  
Vol 47 (S2) ◽  
pp. 108-111 ◽  
Author(s):  
William C. Tilburg ◽  
James G. Hodge ◽  
Camille Gourdet

Thirty-four states, the District of Columbia, and Puerto Rico have legalized medical cannabis. While no two state medical cannabis programs are alike, public health concerns related to advertising, packaging and labeling, pesticide use, scientific research, and the role of medical cannabis in the opioid crisis are emerging across the country. This article examines these issues, the policy approaches states are adopting to protect patients and the public, and an assessment of the underlying federal legal landscape.


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