[health-vn] Global Health Law: A Definition and Grand Challenges

[Vern Weitzel]

Subject: 	[EQ] Global Health Law: A Definition and Grand Challenges
Date: 	Mon, 4 May 2009 11:40:55 -0400
From: 	Ruggiero, Mrs. Ana Lucia (WDC) <ruglucia at PAHO.ORG>
Reply-To: 	Equity, Health & Human Development <EQUIDAD at LISTSERV.PAHO.ORG>
To: 	EQUIDAD at LISTSERV.PAHO.ORG

*Global Health Law: A Definition and Grand Challenges*

Lawrence O. Gostin and Allyn L. Taylor O’Neill Institute for National
and Global

Health Law at Georgetown University Law Center

*PUBLIC HEALTH ETHICS VOLUME 1 • NUMBER 1 • 2008 • 53–63*

Available online at: http://phe.oxfordjournals.org/cgi/reprint/1/1/53

‘…..As a consequence of rapid globalization, the need for a coherent
system of global health law and governance has never been greater. This
article explores the health hazards posed by contemporary globalization
on human health and the consequent urgent need for global health law to
facilitate effective multilateral cooperation in advancing the health of
populations equitably. It sets forth the first definition of the
emerging field of “global health law.” After explicating the central
features identified in the definition, the article examines the “grand
challenges” to reaching the full potential of global health law to
advance human health in just and effective ways….” [Abstract]



“…..This article has sought to set out a definition and the grand
challenges in global health law today. As we have described, global
health law has a number of structural inadequacies and inherent
challenges— including vague standards, ineffective monitoring, weak
enforcement—and a ‘statist’ approach that insufficiently harnesses the
creativity and resources of nonstate actors and civil society more
generally. Notably, international law suffers from important structural
limitations that impact its effectiveness as a tool of global health
governance.



These limitations include challenges of timely commitment,
implementation and modification of international standards. Overall, in
the absence of effective mechanisms for rationalizing and coordinating
the global health law system, there are serious questions about the
capacity of existing and future global health law to advance global
health effectively and equitably….’ [AU]