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Research Handbook on Global Health Law
The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.
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Critical Acclaim
Contributors
Contents
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This timely Research Handbook provides a critical conceptualization and definition of the growing field of global health law. The Research 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 Research Handbook’s scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Research 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 Research 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 Research Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find it to be a valuable resource.
The editors have consciously adopted a holistic approach by including ‘soft’ norms and informal law-making processes in the Research Handbook’s scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Research 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 Research 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 Research Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find it to be a valuable resource.
Critical Acclaim
‘In a field still struggling to find its main themes, heroes and common knowledge – this is an important and notable contribution. The framing, coupling climate change and disaster risk, is refreshing and ambitious and calls to rethink common knowledge and theoretical assumptions in the field.’
– Kristian Cedervall Lauta, Yearbook of International Disaster Law
‘Professors Burci and Toebes have assembled world-class scholars that bring the field of global health law alive. This transformative Research Handbook provides an authoritative and accessible understanding of all the major causes of death globally, from infectious diseases and tobacco to non-communicable diseases and obesity. Burci and Toebes view global health law beyond the prism of health, all the way to human rights, climate change, and trade. This volume has to be on the desk of anyone serious about global health and the law. Bravo!’
– Lawrence O. Gostin, Georgetown University, US
‘Global health law, consisting of various hard and soft law instruments, is a newly-emerging field of international law. Through addressing this complex subject, leading experts in relevant areas scrutinise each issue and attempt to define the concept of global health law ambitiously and level-headedly. This book will be an eye-opener and should be added to your list of must-reads.’
– Yoshinori Abe, Gakushuin University, Japan and Member of the ILA Committee on Global Health Law
– Kristian Cedervall Lauta, Yearbook of International Disaster Law
‘Professors Burci and Toebes have assembled world-class scholars that bring the field of global health law alive. This transformative Research Handbook provides an authoritative and accessible understanding of all the major causes of death globally, from infectious diseases and tobacco to non-communicable diseases and obesity. Burci and Toebes view global health law beyond the prism of health, all the way to human rights, climate change, and trade. This volume has to be on the desk of anyone serious about global health and the law. Bravo!’
– Lawrence O. Gostin, Georgetown University, US
‘Global health law, consisting of various hard and soft law instruments, is a newly-emerging field of international law. Through addressing this complex subject, leading experts in relevant areas scrutinise each issue and attempt to define the concept of global health law ambitiously and level-headedly. This book will be an eye-opener and should be added to your list of must-reads.’
– Yoshinori Abe, Gakushuin University, Japan and Member of the ILA Committee on Global Health Law
Contributors
Contributors: F. Abbott, A. Bellal, C. Brassart Olsen, G.L. Burci, G. Call, A. Garde, C. Giorgetti, S. Gruskin, M. Hartley, J. Liberman, M.M. Mbengue, B. McGrady, S. Moon, T. Murphy, S. Negri, K. O’Cathaoir, X. Seuba, D. Tarantola, J. Tobin, B. Toebes, S. Waltman, S. Zhou
Contents
Contents:
PART I FRAMING GLOBAL HEALTH LAW
1. Introduction
Brigit Toebes
2. Global health law and governance: concepts, tools, actors and power
Suerie Moon
PART II INTERNATIONAL LAW AND HEALTH
3. Still Getting to Know You: Global Health Law and the right to health
John Tobin
4. Hardwired human rights: a health and human rights perspective on global health law
Therese Murphy
5. Health and international trade law
Benn McGrady
6. Health and intellectual property rights
Frederick Abbott
7. Health and international investment law
Chiara Giorgetti
8. Health and international environmental law
Makane M. Mbengue and Susanna Waltman
9. Health and international humanitarian law
Annyssa Bellal and Geneva Call
PART III INTERNATIONAL REGULATION OF HEALTH CHALLENGES
10. Communicable Disease Control
Stefania Negri
11. The recognition and evolution of the HIV and human rights interface: 1981-2017
Sofia Gruskin and Daniel Tarantola
12. Tobacco control
Suzanne Zhou and Jonathan Liberman
13. Global Health Law and Non-Communicable Diseases Prevention: Maximizing Opportunities by Understanding Constraints
Amandine Garde
14. Global Health Law and Obesity: Towards a Complementary Approach of Public Health and Human Rights Law
Mette Hartley, Katharina O’Cathaoir and Céline Brassart Olsen
15. Harmonization and standardization in global health
Xavier Seuba
PART IV CONCLUSION
16. Global Health Law: Present and Future
Gian Luca Burci
Index
PART I FRAMING GLOBAL HEALTH LAW
1. Introduction
Brigit Toebes
2. Global health law and governance: concepts, tools, actors and power
Suerie Moon
PART II INTERNATIONAL LAW AND HEALTH
3. Still Getting to Know You: Global Health Law and the right to health
John Tobin
4. Hardwired human rights: a health and human rights perspective on global health law
Therese Murphy
5. Health and international trade law
Benn McGrady
6. Health and intellectual property rights
Frederick Abbott
7. Health and international investment law
Chiara Giorgetti
8. Health and international environmental law
Makane M. Mbengue and Susanna Waltman
9. Health and international humanitarian law
Annyssa Bellal and Geneva Call
PART III INTERNATIONAL REGULATION OF HEALTH CHALLENGES
10. Communicable Disease Control
Stefania Negri
11. The recognition and evolution of the HIV and human rights interface: 1981-2017
Sofia Gruskin and Daniel Tarantola
12. Tobacco control
Suzanne Zhou and Jonathan Liberman
13. Global Health Law and Non-Communicable Diseases Prevention: Maximizing Opportunities by Understanding Constraints
Amandine Garde
14. Global Health Law and Obesity: Towards a Complementary Approach of Public Health and Human Rights Law
Mette Hartley, Katharina O’Cathaoir and Céline Brassart Olsen
15. Harmonization and standardization in global health
Xavier Seuba
PART IV CONCLUSION
16. Global Health Law: Present and Future
Gian Luca Burci
Index
