Abstract
This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent need for counterbalancing interests such as international trade, global commerce and the welfare interests of the protection of the health of both individuals and populations worldwide. As of now, international health law is not a well-developed field. The health-related standard-setting legal instruments are very fragmented as there is no overall international recognition of international health law as a distinct branch of international law. Enormous challenges lie ahead, especially in terms of strengthening the existing instruments and addressing the responsibilities of non-state actors in the health field.
Highlights
Ongoing globalisation has implications for the world’s economies, but it seriously impacts on the health of both populations and individuals worldwide.[1]
The health-related standardsetting legal instruments are very fragmented as there is no overall international recognition of international health law as a distinct branch of international law
While the recent Ebola crisis has demonstrated that infectious diseases continue to pose a serious threat to global health, there are new and different global health challenges that need to be met as well, including the global rise in non-communicable diseases.[3]
Summary
Ongoing globalisation has implications for the world’s economies, but it seriously impacts on the health of both populations and individuals worldwide.[1]. While the recent Ebola crisis has demonstrated that infectious diseases continue to pose a serious threat to global health, there are new and different global health challenges that need to be met as well, including the global rise in non-communicable (chronic) diseases.[3] Public health research indicates that health inequalities within and between nations are increasing,[4] and many countries continue to struggle with the detrimental health effects of environmental degradation, climate change, urbanisation and internal conflicts.[5] International trade and the growing influence of multinational corporations have resulted in changes in disease patterns, some of which are lifestylerelated.[6] As a result of these developments, attention to global health should be directed at the spread of infectious diseases and at, for example, global and domestic health inequalities, issues concerning access to healthcare and medicines, and the care for health in international and national emergencies and armed conflicts.[7]. It emphasizes the need to strive for equity in health
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