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Global Health Law

by Lawrence Gostin Harvard University Press
Pub Date:
Hbk 560 pages
AU$126.00 NZ$129.57
Product Status: In Stock Now
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The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right.

Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration.

Today’s pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.

Global Health Narratives: Listening to the Voices of the Young
I. Failures in Global Health and Their Consequences: Health Inequities in Today's Globalized World
1. Global Health Justice: Toward a Transformative Agenda for Health Equity
Reconceptualizing "Health Aid"
A Shared Obligation: The Right to Health and Reinforcing Frameworks
Four Defining Questions for the Future of the World's Health

2. Globalized Health Hazards: The Need for Collective Global Action
Globalization and the Spread of Infectious Diseases: Man-Made and Controllable
Transnational Spread of Infectious Diseases
The Epidemiological Transition from Infectious to Noncommunicable Diseases: A Double Burden in Low-Resource Countries
A World of Hurt: Global Injuries
International Trade and Commerce: Safe Food, Drugs, and Consumer Products
The Benefits and Burdens of Globalization

3. Global Health Law in the Broader Currents of Global Governance for Health
The Role of International Law
International Health Law: The World Health Organization's Normative Standards
Health as a Fundamental Entitlement
Interconnecting International Law Regimes
Interrelationships between International and Domestic Law
Global Governance for Health
Universal Values of Good Governance: The Responsibilities of Stewardship
The Six Grand Challenges of Global Governance for Health

II. Global Health Institutions
4. Fulfilling the Promise of the World Health Organization
The Birth of the Premier Global Health Leader
Governing Structure: Membership, Organs, and Division of Powers
The Milestones: From Disease Eradication to Health Systems
The WHO Constitution: A Progressive Vision of a Normative Institution
The WHO Reform Agenda: Proposals to Assure the Future of WHO Leadership
Concluding Reflections: Systemic Tensions within the WHO

5. Old and New Institutions: From the World Bank to the Global Fund, the GAVI Alliance, and the Gates Foundation
Phase One: A Preeminent World Health Organization
Phase Two: The Rise of the World Bank
Phase Three: The Era of Partnerships
Phase Four: Tomorrow's Global Health Institutions

III. International Law and Global Health
6. The International Health Regulations: Responding to Public Health Emergencies of International Concern
Antecedents to the IHR (2005)
The International Health Regulations (2005)
WHO Roles and Multisectoral Relationships
Lessons Learned from the H1N1 Pandemic

7. The Framework Convention on Tobacco Control: The Global Response to Tobacco
From Scientific Discovery and Industry Obfuscation to Social Mobilization
The Framework Convention on Tobacco Control
The Tobacco Wars: Globalization, Investment, and Trade
The Tobacco Endgames: Toward a Tobacco-Free World

8. Health and Human Rights: Human Dignity, Global Justice, and Personal Security
Health and Human Rights: From Tension to Synergy
Civil/Political Rights and Economic/Social/Cultural Rights: A Double Standard
International Human Rights Law: The Foundations
The Right to the Highest Attainable Standard of Health
Regional Human Rights Systems
The Right to Health in National Constitutions

9. Global Health, International Trade, and Intellectual Property: Toward a Fair Deal for the Global South
The World Trade Organization
WTO Agreements in Relation to Health
International Health Agreements with Implications for Trade
The Doha Development Round and the Future of the WTO
The Balance between International Health and Trade

IV. On the Horizon: The Quest for Global Social Justice
10. "Getting to Zero": Scientific Innovation, Social Mobilization, and Human Rights in the AIDS Pandemic
The Social Construction of AIDS
Social Mobilization: The Vast Potential of Civil Society
Governing the AIDS Pandemic: Global AIDS Institutions in the New Millennium
Science and Policy: The Ethical Allocation of Scarce Resources
Reflecting Back, Looking Forward

11. The International Migration of Health Workers: A Troubling Example of Global Injustice
Human Resource Inequalities: Magnitude of the Health Crisis
Drivers of International Migration
Global Justice: Balancing the Interests of Source Countries, Destination Countries, and Health Workers
Global Governance: The WHO Code of Practice

12. Pandemic Influenza: A Case Study on Global Health Security
A Short History and Description of Influenza
Influenza Preparedness and Response: Therapeutic and Public Health Countermeasures
The PIP Framework: A Novel Compact for Virus Sharing and Access to Benefits
Dual Use Research of Concern: Influenza in an Age of Biosecurity
Global Health Justice: The Imperative of Innovative Governance

13. The "Silent" Pandemic of Noncommunicable Diseases
The Quiet Growth of a Pandemic
Domestic Law and Regulation as a Tool for Preventing NCDs
Marshaling a Transnational Response
The Status Quo Is Unacceptable

14. Imagining Global Health with Justice
What Should Global Health Look Like?
What Would Global Health with Justice Look Like?
How Do We Achieve Global Health with Justice?
Seizing the Moment for Global Health

Glossary of Abbreviations, Key Terms, and Actors in Global Health

Lawrence O. Gostin is University Professor and Founding O'Neill Chair in Global Health Law at Georgetown University.