Abstract

The structure of international health law is currently composed under the philosofical basis of segregate and dichotomous international community. This structure affects the handling and management of TID, which is currently much harm the interests of developing countries as the emerging of multinational pharmaceutical companies. This study aimed to understand and analyse the existing system and structure of international health law (lex lata) to be used as a basis in an effort to design an ideal structure of international health law system.Keywords:international health, reform, structure of law.Key words: International health, reformation, legal structure.

Highlights

  • The legal system of international health at the moment consists of public and private rules and institutions, in both national and international levels aimed to achieve a high quality of health to the world population

  • Conceptual approaches directed to assess the validity of the exisiting law for subsequent use as a means to find new concepts in order to draft the legal structure of a fairer international health

  • International health law system was currently based on the international relations philosophy which is dichotomied in a group and the interests of developed and developing countries, which is polarized in an imbalance opportunity to obtain the decent medical degree between the two groups

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Summary

Introduction

The legal system of international health at the moment consists of public and private rules and institutions, in both national and international levels aimed to achieve a high quality of health to the world population. 130 Jurnal Dinamika Hukum Vol 15 No 2, May 2015 national health law structure at this time in order to solve the problem of cross-border spread diseseases (TID).[3] Concepts of international health law nowadays still based on the Westphalian philosophy that led international law spawned a legal barriers based on boundaries and jurisdiction state. These concept would complicate the efforts to combat the infect diseases which are borderless. This low control can led to a misuse of powers in the interest of the pharmaceutical industry with inherent basic character as an institution motivated to the profit (profit-oriented).[4]

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