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      SARS: Political Pathology of the First Post‐Westphalian Pathogen

      research-article
      1
      The Journal of Law, Medicine & Ethics
      Blackwell Publishing Ltd

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          Bioterrorism, Public Health, and Civil Liberties

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            Emerging Trends in International Law Concerning Global Infectious Disease Control1

            International cooperation has become critical in controlling infectious diseases. In this article, I examine emerging trends in international law concerning global infectious disease control. The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; the historical development of international law regarding infectious diseases is described; and important shifts in how states, international institutions, and nonstate organizations use international law in the context of infectious disease control today are analyzed. The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized. Traditional international legal approaches to infectious disease control—embodied in the International Health Regulations—may be moribund.
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              WHO: the casualties and compromises of renewal.

              The World Health Organization is the leading international agency in health. WHO's reputation reached a peak in the 1970s with the then director-general Halfdan Mahler's advocacy of Health for All by the Year 2000 and the successful worldwide eradication of smallpox. The 1980s and 1990s saw WHO lose much of its authority. Too easily, the blame was put on one man-Mahler's successor, Hiroshi Nakajima. In 1998, Gro Harlem Brundtland, Figure 1 a former Prime Minister of Norway, took office and WHO began a period of major strategic and structural reform. Almost 4 years into her first term as director-general, I visited WHO's headquarters in Geneva to learn about Dr Brundtland's successes and failures. Figure 2 The ground rules of my visit were that I could talk with anybody and attend almost any meeting (budget discussions were excluded). I interviewed Dr Brundtland, executive directors, members of the staff association, and directors and project managers of programmes such as StopTB, Roll Back Malaria, HIV-AIDS, violence prevention, polio eradication, essential drugs and medicines, and sustainable development. At senior levels, WHO is confident and clear about its purpose-in a way that matches Mahler's vision and goes beyond it in results. Brundtland told me that her most important achievements were to have "strengthened the credibility of WHO" and to have "raised the awareness of health on to the political and global development agendas". But there is a troubling schism between the aspirations of its leadership and the realities faced by the organisation on the ground. Rapid change during the past 4 years has reinvigorated WHO's mandate, but poor management has created new tensions that the organisation's leadership seems unwilling to address.
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                Author and article information

                Journal
                J Law Med Ethics
                J Law Med Ethics
                10.1111/(ISSN)1748-720X
                JLME
                The Journal of Law, Medicine & Ethics
                Blackwell Publishing Ltd (Oxford, UK )
                1073-1105
                1748-720X
                24 January 2007
                December 2003
                : 31
                : 4 ( doiID: 10.1111/jlme.2003.31.issue-4 )
                : 485-505
                Affiliations
                [ 1 ]David P. Fidler, J.D., is Professor of Law and Ira C. Batman Faculty Fellow, Indiana University School of Law —Bloomington; He holds a B.A. from the University of Kansas, Lawrence, Kansas; a MaPhil. from the University of Oxford in Oxford, England; a J.D. from Harvard Law School, Cambridge, Massachusetts; and a B.C.L. from the University of Oxford.
                Article
                JLME485
                10.1111/j.1748-720X.2003.tb00117.x
                7166417
                14968652
                c3d3e580-5543-4a63-b97a-f80426fd4bc9

                This article is being made freely available through PubMed Central as part of the COVID-19 public health emergency response. It can be used for unrestricted research re-use and analysis in any form or by any means with acknowledgement of the original source, for the duration of the public health emergency.

                History
                Page count
                links-crossref: 1, References: 173, Pages: 21
                Categories
                Symposium Articles
                Part I: GlObal Challenges to Public Health
                Custom metadata
                2.0
                December 2003
                Converter:WILEY_ML3GV2_TO_JATSPMC version:5.8.0 mode:remove_FC converted:15.04.2020

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