International Health Law: A New Perspective on Public Health Research

Authors

  • Tikumporn Rodkhunmuang School of Law, Mae Fah Luang University

Keywords:

International Health Law, World Health Organization, Coronavirus 2019 Pandemic, New Pandemic Treaty, Content Analysis

Abstract

International health law is a new international legal field following a small scale of development in international legal education. States, as the leading actor in classical international law and followed by World Health Organization (WHO), have their duties to foster and fulfill the implementation of these international laws since the creation of the World Health Organization. Moreover, international legal documents related to public health are limited due to the need for cooperation with medical, health science, and public health experts. In addition, the explanation and comprehensive understanding of the specific field have promulgated international public health standardization globally.

           The coronavirus 2019 pandemic aims to question and also answer the international legal status of international health law, which has its soft realization and is hardly implemented into domestic affairs by states. However, this pandemic crisis led in time to crystallize the power of implementation, including the World Health Organization’s announcement, the implementation guideline, and various communications. These WHO actions evoke the states to create an adaptation plan immediately and decrease the stress of the global citizen due to the global pandemic.

           The role of the World Health Organization (WHO) is to communicate scientific knowledge concerning health science and public health according to the final decision on the states’ practice at the time of the highest pandemic across the globe. Additionally, the role of international health governance and lawyers has reached the rule-making process's peak. Besides, the monitoring system and public participation were limited untimely, and actions affected the assessment and follow-up. 

This paper is based on creating a new pandemic treaty for the future global pandemic, which factors should be included for global management. At the same time, it is extricating expeditiously. The other factors should be then reconsidered in the new pandemic treaty globally because the health emergencies frequency impacted all global citizens. In particular, the corporations between international lawyers and technical experts on public health create new guidelines for all states and improve the prevention and public participation of citizens globally. As a result, it will be effectively controlling the next global pandemic.  

References

Alavez, José E. (2020). The WHO in the Age of the Coronavirus. The American Journal of International Law, 114, pp.578-587.

Benvenisti, Eyal (2020). The WHO-Destines to Fail?: Political Cooperation and the COVID-19 Pandemic. The American Journal of International Law, 114, pp.588-597.

Beqiraj, Julinda and Ippolito, Francesca. (2021). COVID-19, and International Organizations: Challenges and Opportunities from the Perspective of Good Governance and the Rule of Law. International Organization Law Review, 18, pp.293-306.

Burci, Gian Luca and Toebes, Brigit (Eds.) (2018). Research Handbook on Global Health Law. Cheltenham: Edward Elgar.

Burci, Gian Luca. (2018). Global health law: present and future. In Gian Luca Burci, and Brigit Toebes (Eds.), Research Handbook on Global Health Law. Cheltenham: Edward Elgar, pp.486-528.

Burci, Gian Luca. (2020). The Legal Response to Pandemics: The Strengths and Weakness of the International Health Regulations. Journal of International Humanitarian Legal Studies, pp.1-14.

Burci, Gian Luca, and Eccleston, Mark. (2020). Preparing for the Next Pandemic: The International health regulations and World Health Organization during COVID-19. Yearbook of International Disaster Law, 2(1): pp.259-282.

Fidler, David P. (2020). To Fight a New Coronavirus: The COVID-19 Pandemic, Political Herd Immunity, and Global Health Jurisprudence. 19 Chinese Journal of International Law, 19, pp.207-213.

Gostin, Lawrence O. (2014). Global Health Law. Cambridge, Massachusetts: The Belknap Press of Harvard University Press.

Gostin, Lawrence O. (2016). Public Health Law: Power, Duty, Restraint. California: University of California Press.

Grogan, Joelle, and Donald, Alice (Eds) (2022). Routledge Handbook of Law and the Covid-19 Pandemic. London: Routledge.

Grogan, Joelle (2022). COVID-19, The Rule of Law and Democracy. Analysis of Legal Response to a Global Health Crisis. Hague Journal on the Rule of Law, pp.349-369.

Gross, Aeyal. (2021). The Past, Present, and Future of Global Health law Beyond Crisis. The American Journal of International Law, 115, pp.754-771.

Jain, Neha. (2020). Pandemics as Rights-Generators. The American Journal of International Law, 114, pp.677-678.

Mbengue, Makane Moïse and d’Aspremont, Jean (Eds) (2022). Crisis Narrative in International Law. Leiden: Brill Nijhoff.

Moon, Suerie. (2018). Global health law, and governance: concepts, tolls, actors and power. In Gian Luca Burci, and Brigit Toebes (Eds.), Research Handbook on Global Health Law. Cheltenham: Edward Elgar, pp.24-55.

Pervou, Ioanna. (2022). COVID-19: Introducing a sliding scale between legality and scientific knowledge. Global Constitutionalism, pp.1-12.

Peters, Anne. (2022). COVID-19 as a Catalyst for the (Re-) Constitutionalisation of International Law: One Health-One Welfare. In Makane Moïse Mbengue and Jean d’Aspremont (Eds) Crisis Narrative in International Law. Leiden: Brill Nijhoff, pp.85-99.

Quintana, Franscisco-José and Uriburu, Justina. (2020). Modest International Law: COVID-19, International Legal Responses, and Depoliticization. The American Journal of International Law, 114, pp.687-697.

Techman, Doron and Underhill, Kristen. (2021). Infected by Bias: Behavioral Science and the Legal Response to COVID-19. American Journal of Law and Medicine, 47, pp.205-248.

Tobin, John. (2012). The Right to Health in International Law. Oxford: Oxford University Press.

Tobin, John. (2018). Still getting to know you: global health law and the right to health. In Gian Luca Burci, and Brigit Toebes (Eds.), Research Handbook on Global Health Law. Cheltenham: Edward Elgar, pp.56-81.

Toebes, Brigit. (2018). Global health law: defining the filed. In Gian Luca Burci, and Brigit Toebes (Eds.), Research Handbook on Global Health Law. Cheltenham: Edward Elgar, pp.22-23.

Villarreal, Pedro A. (2021). Pandemic: Building Legal Concept for the Future. Washington University Global Studies Law Review, 20, pp.611-626.

Villarreal, Pedro A. (2021). Infectious Diseases. Heidelberg: Max Planck for Comparative Public Law and International Law Research Paper Series.

Yee, Sienho. (2020). To Deal with a New Coronavirus Pandemic: Making Sense of the Lack of Any State Practice in Pursuing State Responsibility for Alleged Malfeasances in a Pandemic- Lex Specialis or Lex Generalis at Work. Chinese Journal of International Law, 19, pp.237-252.

Zabiyev, Faud. (2022). COVID-19 and Research in International Law. In Makane Moïse Mbengue and Jean d’Aspremont (Eds)Crisis Narrative in International Law. Leiden: Brill Nijhoff, pp.182-185.

Downloads

Published

2023-05-02

How to Cite

Rodkhunmuang, T. (2023). International Health Law: A New Perspective on Public Health Research. Public Health Policy and Laws Journal, 9(2), 339–354. Retrieved from https://so05.tci-thaijo.org/index.php/journal_law/article/view/263413

Issue

Section

Academic Article / Perspectives