Thèses : « International law – Health »

1

Hoffman, Steven Justin. « Reimagining international law to address global health challenges ». Thesis, Paris, Institut d'études politiques, 2016. http://www.theses.fr/2016IEPP0024/document.

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Cette thèse présente trois études qui imaginent à nouveaux frais la définition et le rôle du droit international dans la réponse que l’on peut apporter aux menaces transnationales contre la santé et aux inégalités sociales. Le premier chapitre évalue les capacités qu’ont les lois internationales traditionnelles de promouvoir la santé mondiale, en étudiant en particulier quand et pourquoi des traités internationaux sur la santé peuvent être utiles. Une synthèse de 90 évaluations d’impact quantitatif de traités passés a été réalisée et un cadre analytique a été développé. Le deuxième chapitre s’appuie sur ce travail pour évaluer une large gamme de possibilités de travailler en vue d’une action mondiale collective portant sur la résistance aux antimicrobiens, dont celles qui impliquent la construction d’institutions, la conception d’incitations et la mobilisation d’intérêts. Ce chapitre soutient que leur impact sur le monde réel dépend de relations d’imputabilité fortes. Le troisième chapitre porte cette thèse au-delà des notions westphaliennes traditionnelles d’action collective en s’intéressant à la question de savoir si de nouvelles technologies perturbatrices peuvent théoriquement produire les mêmes effets de régulation sur les questions de santé au niveau mondial que des lois internationales négociées par les États. Dans un premier temps, ce chapitre présente un modèle relativement simple d’apprentissage automatique qui quantifie automatiquement la pertinence, la qualité scientifique et le sensationnalisme des articles et valide ce modèle à partir d’un corpus de 163 433 articles de presse mentionnant les pandémies récentes de SARS et de H1N1
This dissertation presents three studies that reimagine the definition and role of international law to address transnational health threats and social inequalities. The first chapter assesses opportunities for traditional international laws to promote global health, specifically examining when and why global health treaties may be helpful. Evidence from 90 quantitative impact evaluations of past treaties was synthesized and an analytic framework was developed. The second chapter builds on this work by evaluating a broad range of opportunities for working towards global collective action on antimicrobial resistance, including those that involve building institutions, crafting incentives and mobilizing interests. This chapter argues that their real-world impact will depend on strong accountability relationships. The third chapter takes this dissertation beyond traditional Westphalian notions of collective action by exploring whether new disruptive technologies can theoretically provide the same global regulatory effects on health matters as state-negotiated international laws. As a first move, this chapter presents a relatively simple machine-learning model that automatically quantifies the relevance, scientific quality and sensationalism of news media records, and validates the model on a corpus of 163,433 news records mentioning the recent SARS and H1N1 pandemics

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Elzuway, Saleh M. « The right to health care in international law ». Thesis, University of Glasgow, 2013. http://theses.gla.ac.uk/4293/.

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Health is an important matter for both individuals and states. Since the adoption of the Universal Declaration of Human Rights 1948 (UDHR), health has been categorised as a human right. In the years following this Declaration, many international treaties and national constitutions have emphasised this issue;for example, article 12 of the International Convention of Economic, Social and Cultural rights 1966 (ICESCR). However, as this thesis notes, the language in which this right is cast varies. This, it is argued, is problematic for any attempt to vindicate the right and ensure its justiciability. Accordingly an alternative definition is explored and clarified in what follows. In first chapter, the focus is on arguing that, the current phrases such as ‘right to health’, ‘right to medical care’, ‘the human right to highest attainable standards of health’ and ‘right to health protection’ are vague and weak and may prevent a clear understanding of the expectations that people may legitimately have. The main outcome is to describe a workable and more precise right which can also be legally enforced; that is, the right to health care. In the second chapter, the legal sources of the right to health care in international law are explored. In particular, it is argued that there are obligations on states to implement this right and, as members of the international community and the main subject of international law, to take all necessary steps to put it into practice by translating these obligations into domestic law, thus ensuring that health care is treated as a human right In addition, this chapter also describes the general principles of human rights, such as non-discrimination, participation and equity, that ought to be taken into account by the state`s authorities when they implement the right in question. The following two chapters are devoted to examining the status of the right to health care in the United Kingdom and Libya as models of developed and developing countries.According to health Act No 106 of 1973, health care appear to be simply human right in theory in both national law and international commitments however in practice the government as well as the judiciary did not take it seriously. As result, the case laws have not considered such right as human right nor a legal right for Libyans. In the UK, the reluctance of the government to treat health care as legal right has not stopped judges to evaluate health decisions makers and adjudicate whether such decisions were proper with the case in question. Thus, the chance for UK citizens to review the decisions of the health authorities is wider under the judicial review in terms of legal right rather than human right. In the conclusion, it is proposed that the main problem in according the right to health care the status of a human right is not in fact related to any inability of the judiciary to deal with social and economic rights, nor is it reliant on disagreement about the legal nature of the right and whether it should be categorised as a negative or a positive right, but relates rather to the meaning of the right and what it should include. It is further proposed that the right defended in this thesis – the right to health care – can solve this problem by clarifying the nature and content of the right. The UK experience shows that when such clarity exists, the debate about whether or not the right exists or is justiciable becomes irrelevant. Equally, the state can ignore the international distinctions between types of right and invest health care with the status of a justiciable right in domestic law. While the interim Libyan Government refers to a right to health care in its new constitution, it is clear that political will is necessary to translate it into reality. The Libyan state has much to learn from the healthcare and legal structures of the United Kingdom; particularly it can learn from examination of the mechanisms by which the UK, and other European nations and organisations, have effectively avoided the debate about whether or not the right to health care can be categorised as a human right by developing jurisprudence that renders it clear and justiciable in and of itself.

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Li, Phoebe Hung. « Revisiting public health emergency in international law : a precautionary approach ». Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6393.

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This work develops a means to encourage states to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which promotes access to medicines in a public health emergency. In pursuing this solution, the precautionary approach (PA) and the structure of risk analysis have been adopted as a means to build a workable reading of TRIPS and to help states embody the flexibilities of intellectual property (IP). This work argues for a PA reading of TRIPS and that states have the precautionary entitlements to determine an appropriate level of health protection from the perspective of “State responsibility” in international law. A philosophical review is conducted followed by the examination of existing international legal instruments including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, the WHO International Health Regulations, the Codex Alimentarius, and the Cartagena Protocol on Biosafety. The PA has been found to have a pervasive influence on risk regulation in international law, yet the application is fraught with fragmentations in different legal regimes. In order to reach a harmonious interpretation and application of the PA in the WTO, the legal status of PAs of different WTO instruments have been analysed. Further, a comparative study on PAs in terms of legal status in the exemptions of the WTO and TRIPS obligations has been proposed. The political and moral basis for compulsory licencing in a public health emergency has been bolstered through the interpretation and the creation of legal status of the PA in WTO/TRIPS law.

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McKenzie, Fiona G. « Health and environmental protection in international trade law : bridging the gap ». Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/24153.

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The international trading system has a role to play in ensuring that its primary objective of trade liberalisation does not come at the expense of environmental and health concerns. The goal of this thesis is to evaluate the efforts that have been made by the WTO to integrate environmental/health issues in the international trade system and to propose ways of achieving greater linkage between these areas by performing both a legal and economic analysis of the subject. The various ways in which linkage occurs in the WTO are analysed, in particular, through the exceptions to the most-favoured-nation standard contained in Article XX of the General Agreement on Tariffs and Trade, the Sanitary and Phytosanitary Agreement and Technical Barriers to Trade Agreement, scientific assessments, the acceptance of eco-labelling initiatives, the interpretation of WTO rules in the light of rules of public international law, the incorporation of environmental principles and overarching norms, as well as the coherence between the TWO and multilateral environmental agreements. The WTO’s legislative arm and the Dispute Settlement Body (DSB) are both crucial in providing coherence between environmental/health and free trade goals. It is argued, however, that linkage through the legislative arm would enable WTO members to retain more control over the WTO agreements and achieve the highest degree of coherence between environmental/health protection and free trade goals despite the fact that due to the high transaction costs of clarifying existing rules or devising new ones, linkage through the interpretations given by the DSB is a less burdensome way of filing the gaps of an incomplete contract. Although coherence between environmental/health and free trade goals can and should be increased, it is concluded that it would be unrealistic to expect that the international trading system achieve a degree of linkage that is acceptable to all WTO Members in all circumstances. In this respect, the question of whether Members should be able to maintain WTO inconsistent measures, if compensation is paid or if concessions are suspended or withdrawn is examined.

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Schram, Ashley. « International Trade and Investment Agreements and Health : The Role of Transnational Corporations and International Investment Law ». Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35231.

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Addressing complex global health challenges, including the burden of noncommunicable diseases (NCDs), will require change in sectors outside of traditional public health. Contemporary regional trade and investment agreements (RTAs) like the Trans-Pacific Partnership (TPP) continue to move further ‘behind-the-border’ into domestic policy space introducing new challenges in the regulation of health risk factors. This dissertation aimed to clarify the pathways through which RTAs influence NCDs, and to explore points along those pathways with the intent of improving the existing evidence base and supporting policy development. This work develops a critical theoretical framework exploring the ideas, institutions, and interests behind trade and investment policy; it also develops a conceptual framework specifying how trade and investment treaty provisions influence NCD rates through the effects of trade and investment on tobacco, alcohol, and ultra-processed food and beverage products, as well as access to medicines and the social determinants of health. Using health impact assessment methodology, three analytical components were designed to examine pathways of influence from RTAs to health outcomes as mediated by the interests of transnational corporations (TNCs). The first component explored the influence of industry during the TPP negotiations and how its health-related interests were reflected in the final TPP text. The second component examined the role of trade and investment liberalisation in health-harmful commodity markets, finding a rise in TNC sales after a period of liberalisation. The third component demonstrated how investor rights and investor-state dispute can challenge the state’s right to regulate if it damages the profits of TNCs, which may threaten effective health regulation, and provides opportunities to strengthen the right to regulate. The work in this dissertation provides support for the thesis that trade and investment policies are a fundamental structural determinant of health and well-being, which are highly influenced by TNCs that guide such policies in the interest of maximising their profits and protections, often to the detriment of public policy and population health. This work identifies the need for more robust health impact assessments of RTAs before future agreements are ratified, as well as an imperative to challenge vested interests that entrench neoliberal policy preferences that have hindered sustainable and equitable development.

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Westaway, Jennifer. « A right to a minimum adequate standard of health care ». Thesis, Curtin University, 2007. http://hdl.handle.net/20.500.11937/2156.

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This thesis undertakes a fresh inquiry into the status of the right to health care under international law, with a view to explaining how the right to health care has been variously interpreted. Previous studies into the right to health care have primarily focused on its philosophical basis, and while these studies have contributed significantly to the ethical debate on the existence of such a right, this thesis has as its foundation, the fact that there has been legal recognition of its existence in the form of its inclusion in international conventions and supporting documents, as well as, a in particular, domestic Constitutions and related Bills of Rights. It should be noted that this thesis will not examine in detail all documentation in which a right to health care in its various forms is mentioned. Rather a purposely selective examination has been instituted.In respect to this selective examination, the process of selection was a deliberate one, specifically in relation to the case studies undertaken. The choice of countries to be of focus was based upon the different nature of the documentation in which the right to the health care could be said to be founded: Constitution, Charter or Bill of Rights, International Convention only, other legislative basis, or, as will be seen in the case of Tibet, International Convention but effectively in name only. In the opinion of the writer, this selection will provide a representative overview of the status of a right to health care in international law. The thesis is centrally concerned with the idea that the legal recognition of a socio-economic right, such as the right to health care, does not ensure that it is capable of enforcement. Rather, this thesis proposes that the legal recognition of a socio-economic right, specifically, a right to health care, has value, and can only claim validity from what the existence of the right can provide from a moral or ethical perspective. Further, this thesis proposes that the 'definability' - in other words, for justiciability' of socio-economic rights depends on their a right to be the subject of judicial scrutiny, it must be capable of sustaining a definition sufficient in substance to allow for judicial determination as to whether or not there has been a breach in its provision.

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Wang, Yanbai Andrea. « Who makes international law ? : how the World Health Organization changed the regulation of infectious disease ». Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:e59123f0-aea5-47e9-9521-0d107a07dd3f.

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This thesis investigates the impact of international organizations on the making of international law by applying insights on how international organizations work—or fail to work—to the process of institutionalized treaty making. Specifically, I probe the relationship between the World Health Organization (“WHO”) and international infectious disease law, focusing in particular on the 2005 International Health Regulations (“2005 IHR”), which was negotiated, adopted, and is now being implemented under WHO’s auspices. The 2005 IHR is the most recent development in international infectious disease law, the history of which extends back to the beginning of international health cooperation in the mid-nineteenth century, before any international health organization was formed. Relying on secondary sources, WHO documents, archival materials, and personal interviews, I chronologically trace the evolution of international infectious disease law across changing institutional settings. I first examine the incremental growth of the older “barrier” approach to infectious disease regulation, initially developed in the absence of any international health organization and then with the aid of one of WHO’s predecessor organizations. I then analyze the decline of the barrier approach and the rise of the new “epidemiological” approach embodied by the 2005 IHR, with the aid of WHO. Based on my empirical analysis, I conclude that WHO has radically changed the process of making international infectious disease law as well as its content. On its own initiative and without member state demand, WHO’s permanent staff experimented with novel practices that subsequently became the basis for the 2005 IHR. WHO’s work reduced the length of formal negotiation needed to arrive at a new agreement and the uncertainty associated with adopting a novel regulatory system. Its influence also raises normative questions about the proper role of international organizations in making international law—questions that require further exploration.

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Saukila, Walhalha Sphiwe. « Overcoming Parental Consent : How can International Human Rights Law be used to Protect a Child’s Right to Health in Childhood Immunization Cases ? » Master's thesis, Faculty of Law, 2020. https://hdl.handle.net/11427/31713.

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Children have the right to preventive medical treatment and interventions that serve their best interests. In the case of minors, this right is exercised by the parent or legal guardian with hopes that they will exercise their responsibility positively. Over the years however, this right has been challenged by an increasing number of parents withholding consent to immunize their children against some deadly diseases for one reason or another. This has led to a conflict between parental consent and the child’s right to health and resolving this conflict is an issue of law. Childhood immunizations are the first line of defence for a child and as such, should be considered a basic human right that needs to be protected. By denying this right to the child, it infringes on that child’s right to health and right to life. This should not be the case as international human rights law demands the protection of society’s most vulnerable members, especially children.

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Onzivu, William. « Health in international environmental law : an analysis of the health objectives and impact of international environmental legal regimes in developing countries with a focus on Africa and the options for reform ». Thesis, University of Stirling, 2014. http://hdl.handle.net/1893/21621.

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The protection of human health and the environment are two major goals of international environmental law. However, there has been little coherent scrutiny of their scope or implementation at international and domestic levels in developing countries and Africa in particular. This thesis shows that international environmental law regimes with a health protection objective have not maximized opportunities to reinforce the promotion and protection of public health in Africa. Through inter alia a study of sustainable management of shared freshwaters, trans-boundary movement of hazardous wastes and their disposal and international climate law, the thesis shows that a range of legal frameworks comprised of substantive, institutional and procedural law mandates States to advance the health objective in international environmental law. However, the thesis demonstrates the limits of these regimes and suggests options to enhance their potential in promoting and protecting public health. An enhanced framework of adaptive governance is proposed to improve environmental health governance. The thesis illustrates how the discourse on health in international environmental law can strengthen international environmental health governance to improve environmental and public health outcomes. It contains seven publications that analyse the strengths and weaknesses and options for reform of the international environmental law regime for health. The implications of these findings for theory, practice and public policy are discussed.

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Sparkes, Susan Powers. « The Political Economy of Health Reform : Turkey's Health Transformation Program, 2003-2012 ». Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:16121146.

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This dissertation explores the political economy of Turkey’s large-scale health systems reform, known as the Health Transformation Program (HTP) (2003 – 2012). It does this by analyzing the role of institutions, physicians, and patients in the Ministry of Health’s efforts to adopt and implement changes to the country’s health financing, health workforce, and primary care systems. In the first chapter, I present a qualitative case study that uses primary interview data to explain how Turkey adopted a universal and unified health coverage system between 2003 and 2008. By applying Immergut’s institutional veto points theory, I show Minister of Health Akdağ (2002-2013) and his team of advisors used targeted strategies to overcome obstacles at critical veto points blocking adoption. This analysis fills an important gap in the literature on universal health coverage by providing a theory-based explanation for how a reform can be accomplished. The second paper then looks at how Minister Akdağ overcame opposition from an organized physician group, the Turkish Medical Association (TMA), to adopt legislation that banned physician dual practice. This analysis contributes to the literature on the role of physicians in health reform by presenting a case study where an organized physicians association was not able to act exert veto power to block policy adoption. Rather, I argue that Minister Akdağ used a divide and then conquer political strategy, where he acted to exploit coordination problems among physicians by appealing to their individual interests and undermining the authority of TMA and its base of university physicians, to create a favorable political environment to ban dual practice and strengthen service delivery capacity. The fourth chapter considers how the HTP affected public opinion of Turkey’s reformed primary health care system, known as the Family Medicine System. I take advantage of the staged-rolled out of the Family Medicine System at the provincial level to estimate its effect on patient satisfaction using provincially-representative patient exit survey data from 2010, 2011 and 2012. This study provides some of the first national level evidence that primary health care reform underpinned by the FM system can effectively improve patient satisfaction - a health system goal. The final chapter summarizes the main results of Chapters 2, 3, and 4, discusses their limitations, and presents policy implications that can be derived from this research.
Global Health and Population

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Feng, Ruo Han. « Conflict and coordination between trademark retriction and public health :a study on the case of Australian tobacco plain packaging act ». Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952292.

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Westaway, Jennifer. « A right to a minimum adequate standard of health care ». Curtin University of Technology, School of Public Health, 2007. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=17409.

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This thesis undertakes a fresh inquiry into the status of the right to health care under international law, with a view to explaining how the right to health care has been variously interpreted. Previous studies into the right to health care have primarily focused on its philosophical basis, and while these studies have contributed significantly to the ethical debate on the existence of such a right, this thesis has as its foundation, the fact that there has been legal recognition of its existence in the form of its inclusion in international conventions and supporting documents, as well as, a in particular, domestic Constitutions and related Bills of Rights. It should be noted that this thesis will not examine in detail all documentation in which a right to health care in its various forms is mentioned. Rather a purposely selective examination has been instituted.
In respect to this selective examination, the process of selection was a deliberate one, specifically in relation to the case studies undertaken. The choice of countries to be of focus was based upon the different nature of the documentation in which the right to the health care could be said to be founded: Constitution, Charter or Bill of Rights, International Convention only, other legislative basis, or, as will be seen in the case of Tibet, International Convention but effectively in name only. In the opinion of the writer, this selection will provide a representative overview of the status of a right to health care in international law. The thesis is centrally concerned with the idea that the legal recognition of a socio-economic right, such as the right to health care, does not ensure that it is capable of enforcement. Rather, this thesis proposes that the legal recognition of a socio-economic right, specifically, a right to health care, has value, and can only claim validity from what the existence of the right can provide from a moral or ethical perspective. Further, this thesis proposes that the 'definability' - in other words, for justiciability' of socio-economic rights depends on their a right to be the subject of judicial scrutiny, it must be capable of sustaining a definition sufficient in substance to allow for judicial determination as to whether or not there has been a breach in its provision.

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Philo, John C. « Health & ; safety rights and transnational liability for harm ». Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101826.

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Safety and health is a basic human need and when not met, exacts costs that prevent societies from realizing development goals. Injury is increasing as a leading cause of death and disability. As the result of advances in public health knowledge and safety engineering technology, accidents and other injury events are often preventable. Injuries result from identifiable determinants and conditions that create exposure to identifiable hazards. By controlling hazards, the toll of injury can be reduced.
International trade and investment can create conditions that increase or diminish the global injury burden. International institutions and national governments face the question of how to protect safety and health rights and reduce the injury burden in a world of increasingly global business activity. International institutions do not yet provide comprehensive regulation for exported harms. In common law nations, liability through formal law plays an important role in regulating conditions that can lead to injury. In such nations, private law can play an important role in filling segments of the regulatory gap relating to exported harms.

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Addy, Naa Adoley. « Aviation : the new order (deregulation, the environment, health, safety and security ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32791.

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Various aspects of the airline industry will have to be considered. In determining what the way forward should be, the very essence of airline transport must be laid bare. The industry will have to be classified, does it qualify as a global public good, or is it a mixed public/private commodity? What are the ill effects that this good has yielded as its by products? The aviation industry as a branch of global transportation will be examined in order to classify it. Methods of managing public goods effectively will be briefly considered. Following this will be an analysis of aviation development, the events preceding and following deregulation, the most significant player in the aviation world. Various perspectives and forms of regulation will be considered. References will be made to strict government regulation, deregulation and self regulation. This will lead to a consideration of other matters pertinent to the aviation industry e.g. health, safety, security, environmental aspects and how these should be managed. (Abstract shortened by UMI.)

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Hoffman, Steven Justin. « Evaluating Strategies for Achieving Global Collective Action on Transnational Health Threats and Social Inequalities ». Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:23845489.

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This dissertation presents three studies that evaluate different strategies for addressing transnational health threats and social inequalities that depend upon or would benefit from global collective action. Each draws upon different academic disciplines, methods and epistemological traditions. Chapter 1 assesses the role of international law in addressing global health challenges, specifically examining when, how and why global health treaties may be helpful. Evidence from 90 quantitative impact evaluations of past treaties was synthesized to uncover what impact can be expected from global health treaties, and based on these results, an analytic framework was developed to help determine when proposals for new global health treaties have reasonable prospects for yielding net positive effects. Findings from the evidence synthesis suggest that treaties consistently succeed in shaping economic matters and consistently fail in achieving social progress. There are three differences between these domains which point to design characteristics that new global health treaties can incorporate to achieve positive impact: 1) incentives for those with power to act upon them; 2) institutions designed to bring edicts into effect; and 3) interests advocating for their negotiation, adoption, ratification and domestic implementation. The chapter concludes by presenting an analytic framework and four criteria for determining which proposals for new global health treaties should be pursued. First, there must be a significant transnational dimension to the problem being addressed. Second, the goals should justify the coercive nature of treaties. Third, proposed global health treaties should have a reasonable chance of achieving benefits. Fourth, treaties should be the best commitment mechanism among the many competing alternatives. Applying this analytic framework to nine recent calls for new global health treaties reveals that none fully meet the four criteria. This finding suggests that efforts aiming to better utilize or revise existing international instruments may be more productive than advocating for new treaties. The one exception is the additional transnational health threat of antimicrobial resistance, which probably meets all four criteria. Chapter 2 builds on this work by evaluating a broad range of opportunities for working towards global collective action on antimicrobial resistance. Access to antimicrobials and the sustainability of their effectiveness are undermined by deep-seated failures in both global governance and global markets. These failures can be conceptualized as political economy challenges unique to each antimicrobial policy goal, including global commons dilemmas, negative externalities, unrealized positive externalities, coordination issues and free-rider problems. Many actors, instruments and initiatives that form part of the global antimicrobial regime are addressing these challenges, yet they are insufficiently coordinated, compliant, led or financed. Taking an evidence-based approach to global strategy reveals at least ten options for promoting collective action on antimicrobial access, conservation and innovation, including those that involve building institutions, crafting incentives and mobilizing interests. While no single option is individually sufficient to tackle all political economy challenges facing the global antimicrobial regime, the most promising options seem to be monitored milestones (institution), an inter-agency task force (institution), a global pooled fund (incentive) and a special representative (interest mobilizer), perhaps with an international antimicrobial treaty driving forward their implementation. Whichever are chosen, this chapter argues that their real-world impact will depend on strong accountability relationships and robust accountability mechanisms that facilitate transparency, oversight, complaint, and enforcement. Such relationships and mechanisms, if designed properly, can promote compliance and help bring about the changes that the negotiators of any new international agreement on antimicrobial resistance will likely be aspiring to achieve. Progress should be possible if only we find the right mix of options matched with the right forum and accountability mechanisms, and if we make this grand bargain politically possible by ensuring it simultaneously addresses all three imperatives for antimicrobials – namely access, conservation and innovation. Chapter 3 takes this dissertation beyond traditional Westphalian notions of collective action by exploring whether new disruptive technologies like cheap supercomputers, open-access statistical software, and canned packages for machine learning can theoretically provide the same global regulatory effects on health matters as state-negotiated international agreements. This kind of “techno-regulation” may be especially helpful for issues and areas of activity that are hard to control or where governments cannot reach. One example is news media coverage of health issues, which is currently far from optimal – especially during crises like pandemics – and which may be difficult to regulate through traditional strategies given constitutional freedoms of expression and the press. But techno-regulating news media coverage might be possible if there was a feasible way of automatically measuring desirable attributes of news records in real-time and disseminating the results widely, thereby incentivizing news media organizations to compete for better scores and reputational advantage. As a first move, this third chapter presents a relatively simple maximum entropy machine-learning model that automatically quantifies the relevance, scientific quality and sensationalism of news media records, and validates the model on a corpus of 163,433 news records mentioning the recent SARS and H1N1 pandemics. This involved optimizing retrieval of relevant news records, using specially tailored tools for scoring these qualities on a randomly sampled training set of 500 news records, processing the training set into a document-term matrix, utilizing a maximum entropy model for inductive machine learning to identify relationships that distinguish differently scored news records, computationally applying these relationships to classify other news records, and validating the model using a test set that compares computer and human judgments. Estimates of overall scientific quality and sensationalism based on the 500 human-scored news records were 3.17 (“potentially important but not critical shortcomings”) and 1.81 (“not too much sensationalizing”) out of 5, respectively, and updated by the computer model to 3.32 and 1.73 out of 5 after including information from 10,000 records. This confirms that news media coverage of pandemic outbreaks is far from perfect, especially its scientific quality if not also its sensationalism. The accuracy of computer scoring of individual news records for relevance, quality and sensationalism was 86%, 65% and 73%, respectively. The chapter concludes by arguing that these findings demonstrate how automated methods can evaluate news records faster, cheaper and possibly better than humans – suggesting that techno-regulating health news coverage is feasible – and that the specific procedure implemented in this study can at the very least identify subsets of news records that are far more likely to have particular scientific and discursive qualities. Prospects for achieving global collective action on transnational health threats and social inequalities would be improved if greater efforts were taken to systematically take stock of the full-range of strategies available and to scientifically evaluate their potential effectiveness. This dissertation presents three studies that do so, which together showcase the diversity of approaches that can be mustered in pursuit of this goal.
Health Policy

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Pearmain, Deborah Louise. « A critical analysis of the law on health service delivery in South Africa ». Thesis, University of Pretoria, 2004. http://hdl.handle.net/2263/26502.

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This thesis examines the law relating health care in South Africa rather than medical law which is a subset of this field. It attempts to synthesise five major traditional areas of law, namely international, constitutional, and administrative law, the law of contract and the law of delict, into a legal conceptual framework relating specifically to health care in South Africa. Systemic inconsistencies with regard to the central issue of health care across these five traditional fields are highlighted. The alignment of the various pre-existing areas of statutory and common law with the Constitution is an ongoing preoccupation of the executive, the judiciary, the legislature and academia. In the health care context, the thesis critically examines the extent to which such alignment has taken place and identifies areas in which further development is still necessary. It concludes that the correct approach to the constitutional right of access to health care services is to regard it as a unitary concept supported by each of the five traditional areas of law. The traditional division of law into categories of public and private and their further subdivision into, for instance, the law of delict and the law of contract is criticized. It promotes a fragmented approach to a central constitutional construct resulting in legal incongruencies. This is anathema to a constitutionally based legal system. There is no golden thread of commonality discernible within the various public international law instruments that contain references to rights relating to health and it is of limited practical use in South African health law. The rights in the Bill of Rights are interdependent and interconnected. The approach of the courts to the right of access to health care needs to be considerably broader than it is at present in order to fully embrace the idea of rights as a composite concept. Administrative law, especially in the public health sector, offers an alternative basis to pure contract for the provider-patient relationship. It is preferable to a contractual relationship because of the many inbuilt protections and legal requirements for administrative action. Contracts can be unfair but courts refuse to strike them down purely on this basis. Administrative action is much more likely to be struck down on grounds of unfairness: The law of contract as a legal vehicle for health service delivery is not ideal. This is due to the antiquated approach of South African courts to this area of law. There is still an almost complete failure to incorporate constitutional principles and values into the law of contract. The law of delict in relation to health care services has its blind spots. Although it seeks to place the claimant in the position in which he or she found himself prior to the unlawful act whereas the law of contract seeks to place him in the position he would have occupied had the contract been fulfilled, in the context of health care this is a notional distinction since contracts for health services seldom guarantee a specific outcome.
Thesis (LLD)--University of Pretoria, 2004.
Public Law
unrestricted

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17

Wright, Scott A. « Transnational organized crime : a review of offense types and law enforcement response ». Honors in the Major Thesis, University of Central Florida, 2009. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1340.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Criminal Justice

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Keevy, Daniel Matthew John. « A critical analysis of the doctor-patient relationship in context of the right to adequate health care ». Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/25086.

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The purpose of this thesis is to prove the existence of the right to adequate healthcare through a critical analysis of the law of obligations, constitutional law and international law framed in the wider focal point of South African medical law. The Constitution only makes provision for the right to access to health care. Conclusively this thesis will have to establish a link between a minimum standard in health care and the Constitution. It is submitted that the most efficacious method of establishing this link is with the duty of care, which is intrinsically linked to the doctor-patient relationship. If a critical analysis of the doctor-patient relationship can establish a clear link between the duty of care and state liability then such a link can successfully be applied to the Constitution. If this link is transposed onto the Constitution, a critical evaluation of the rights in the Bill of Rights will then reveal the most applicable right that can house the right to an adequate standard of health care. Such an analysis is only part of the solution however. In order to make this right effective, the international body of medical laws must be critically analysed and juxtaposed against this adequate standard. This carries the dual purpose of adding normative content as well as determining the current state of South Africa’s obligations under international human rights law, and to what extent those obligations have been discharged. Finally, and most significantly, the right to adequate healthcare, as it was forged in the international legal analysis, will be transposed onto the current South African jurisprudence of socio-economic rights. This practical application will then be reflected onto the new National Health Care Insurance to show conclusively that the current governmental approach of effecting health care is wholly inoperable and will ultimately result in significant harm and extensive human rights violations. This is based on the government only considering access to health care sufficient to discharge its duties and being totally incapable of effectively managing its resources. The core outcome for this thesis is to prove the existence of the right to adequate healthcare. Secondary outcomes are tracing the history of medicine to illustrate the creation and evolution of the doctor-patient relationship, a critical analysis of the application of medical ethics to South African law of obligations, a critical analysis of the Constitution and its fundamentals, an exhaustive evaluation of South Africa’s duties and accomplishments under its international obligations and effectively applying the right to adequate healthcare which is diametrically opposed to the current course South Africa is taking to provide health care.
Dissertation (LLM)--University of Pretoria, 2012.
Public Law
unrestricted

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Leon, Joshua K. « The Rise of Global Health : Consensus, Expansion and Specialization ». Diss., Temple University Libraries, 2010. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/72941.

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Political Science
Ph.D.
This dissertation examines the rise of global health assistance among states, multilateral institutions and NGOs. Resources devoted to global public health expanded rapidly in the 1990s and 2000s, outpacing other areas of development. New agencies have emerged to address public health issues, and existing organizations such as the UNDP, World Bank and EU have expanded their global health operations. Critics fear that the global health regime will become inefficient as it grows, duplicating tasks and skewing resources. The regime complex literature predicts similar suboptimal outcomes. These fears are overblown. While certain inefficiencies are likely as any regime expands, data shows that the allocation of resources generally reflects global health needs. Increased competition, thought to lessen efficiency, has actually pressured multilateral actors to specialize. Specialization offsets the problem of overlapping tasks. The modern global health regime is characterized by increased size, competition, specialization, and a prevailing consensus that emphasizes health as a central component of international development. This consensus holds that societal health prefigures economic growth. The international community, moreover, should cost effectively use increased aid to address the worst disease burdens in the poorest countries. In the cases of states, domestic interests play a role in shaping specialization patterns. Pressure from increased international competition has pressed multilateral institutions to reform and adapt to changing conditions in order to remain relevant in a denser global environment. The diverse cases explored in this dissertation (US, Japan, Sweden, Canada, World Bank, WHO, UNDP and EU) show high degrees of specialization and a surprisingly similar adherence to the consensus.
Temple University--Theses

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Bino, Maria-Antonella. « Hospitalisation forcée et droits du malade mental : etude de droit international et de droit comparé / ». Genève : Schulthess, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014937138&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Kastler, Florian. « Le rôle normatif de l'Organisation mondiale de la santé ». Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB239.

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Institution spécialisée du système des Nations Unies créée à la sortie de la Seconde guerre mondiale, l'Organisation mondiale de la santé (OMS) s'est vu confiée, par l'article premier de sa Constitution, le but « d'amener tous les peuples au niveau de santé le plus élevé possible ». Pour atteindre cet objectif, les États membres lui ont conféré vingt-deux fonctions dont une normative. Cette dernière lui permet, en théorie, d’adopter à la fois des instruments de santé non contraignants et d'autres contraignants. L'étendue du champ d'application de cette fonction permet à l'OMS d'élaborer des normes au contenu très divers et varié dès lors qu'elle agit dans le cadre de son objectif sanitaire. Parallèlement, en raison de difficultés internes, propres à son organisation régionalisée et à une concurrence externe accrue par la multiplication d'acteurs de santé mondiale, l'OMS est à un tournant de son histoire comme en atteste l'envergure de la réforme qui est toujours en cours depuis 2010. Dans ce contexte, il s'agit de comprendre et d'analyser l'influence du rôle normatif de l'OMS dans les systèmes de santé nationaux. D'abord, une évaluation de son autorité normative, qui apparaît affaiblie, est proposée afin de présenter des évolutions pour la renforcer et ainsi améliorer la protection de la santé mondiale au sein d'un droit international de la santé consolidé. Ensuite, l'étude approfondie de son activité normative est envisagée pour délimiter la conception de la norme de l'OMS par le prisme de son efficacité. L'objectif in fine est de proposer une réflexion sur l'avenir du rôle normatif de l'OMS
The World health organization (WHO), as a specialized agency, was created, after the Second world war with the objective of, according to article 1 of its Constitution, the "attainment by all peoples of the highest possible level of health”. For that purpose, the WHO was granted twenty two functions by the Member States including a normative one. This normative function allows, in theory, the WHO to adopt both binding and non binding health instruments. The extent of the scope of this function offers a wide and diverse content to theses norms with the only limit that it pursues a health purpose. At the same time, the WHO shows internal difficulties, in part, due to its regional structure and overall lack of financing. Further, the increase number and diversity of actors of global health result in potential external competition with the WHO. The reform initiated in 2010 and still ongoing proves that the WHO is a turning point in its history. In this context, this research seeks to understand and analyze the influence of the normative role of the WHO on national health systems. First, we study the normative authority of the WHO which appears weakened. With the objective of increasing health protection based on a reinforced global health law paradigm, our proposals aim at strengthening the normative authority of WHO. Then, our in-depth analysis of the normative activity of the WHO allows to the define the conception of norm by the WHO using effectiveness as our analytical frame. Finally, this research offers an opportunity to reflect on the future of the normative role of the WHO

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Gater, Thomas. « Pharmaceutical Security in South Africa : Law and Medical Geopolitics ». Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5273_1274376650.

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The study focuses on the political and economic geographies of pharmaceutical delivery. In 1997 the South African government passed the Medicines and Related Substances Control Amendment Act, sparking outrage from both the local and international pharmaceutical industry, and resulting in court action in 2001. The industry believed that South Africa was in breach of its obligations under international intellectual property law. Those fighting for pharmaceutical security hoped the court case would be a &lsquo
landmark&rsquo
in the global campaign for equitable access to medicines. This investigation seeks to analyse the domestic and international legacy of the court action. The inquiry takes its significance from the high prevalence rates of treatable diseases and the need for pharmaceutical security in South Africa and its neighbouring African countries. The absence of a sustainable international medicines delivery system is a global political, economic and moral failure. A solution is required that balances the positive productive forces of the market with a philosophy of justice and equity.

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Müller, Amrie. « The relationship of state obligations under the International Covenant on Economic, Social and Cultural Rights and international humanitarian law : an analysis of health-related issues in non-international armed conflicts ». Thesis, University of Nottingham, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.555706.

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The parallel application of international humanitarian law (IHL) and international human rights law (IHRL) to armed conflicts is widely accepted today. Its detailed legal consequences, which will help in understanding its practical effect and potential to enhance the protection of people affected by armed conflicts, remain to be analysed in many areas. This thesis investigates the relationship of state obligations under IHL and the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a special emphasis on health-related issues in non-international armed conflicts. ICJ jurisprudence suggests that the simultaneous application of IHL and IHRL can be structured with the help of the lex specialis maxim. This thesis argues that the function of the lex specialis maxim is relative and highly situation-dependent. When this is recognised, the maxim - alongside other interpretative methods - promises to aid the flexible parallel application of IHL and economic, social and cultural (ESC) rights to non-international armed conflicts. Despite developments in customary IHL applicable to non-international armed conflicts, the distinction between international and non-international armed conflicts remains relevant in IHL. Likewise, questions remain regarding the threshold of application of some IHL rules. These factors will affect the parallel application of IHL and the ICESCR to non-international armed conflicts. The scope of state obligations under the ICESCR in times of armed conflict has received little attention so far. It is argued that this scope is determined by two Articles: the notion to 'take steps' towards the 'progressive realisation' of ESC rights in Article 2(1) ICESCR, and by Article 4 ICESCR, the Covenant's general limitation clause. It is shown that the minimum core approach can be helpful in interpreting both Articles - minimum core rights should be implemented as a matter of highest priority even in times of armed conflict. It is further argued that no derogations are permitted from the right to health and other ESC rights in times of armed conflict, in particular not from their minimum cores. Building on these findings and focusing on health-related issues, the thesis analyses how a relative and context-sensitive lex specialis maxim can assist in easing substantial tensions between elements of the right to health and IHL relating to the targeting of military objectives, in particular so-called 'dual-use' objects. IHL rules on military targeting are found most likely to be given preference in situations of active combat. Nonetheless, the simultaneous application of the right to health will ensure that adverse long-term public health and other socio-economic consequences of NIACs for civilians are not ignored even when hostilities are ongoing and military-target decisions are made. It is also shown that IHL on the protection and care of the wounded and sick and the right to health complement each other well in mitigating the direct and indirect health consequences of armed conflicts, similarly supported by a context-sensitive use of lex specialis. With certain nuances, these findings apply to the relationship between IHL and ESC rights more generally. The operationalisation of this thesis' findings, and of the legal implications of the parallel application of other ESC rights and IHL, requires further efforts. It is concluded that the development of guidelines that assist practitioners in assessing the flexible relationship between IHL and the ICESCR in a given situation are the most functional option in that regard.

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鈴木, 將文, et Masabumi SUZUKI. « Domestic Measures for Public Health Policy and International IP/Trade Law : The Case of the Australian Plain Packaging Act ». 名古屋大学大学院法学研究科, 2012. http://hdl.handle.net/2237/17433.

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Ally, Sherry L. « Towards the definition of concepts in international health intervention : Participation, efficiency, equity, sustainability and scaling up ». Thesis, University of Ottawa (Canada), 2008. http://hdl.handle.net/10393/27794.

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This thesis explores definition of five concepts central to international health intervention, participation, efficiency, equity, scaling up and sustainability, within the case study of the Tanzanian Essential Health Interventions Project (TEHIP). Developed in response to the 1993 World Development Report and implemented in Tanzania during the era of health sector reform under structural adjustment, TEHIP offers an especially pertinent case within which to explore the language and health practices resulting from this particular history and ideology. Using key informant interviews and literature review, conceptual and applied definitions of the concepts were analyzed. A theoretical framework of health equity as social justice, offered by Amartya Sen, Fabienne Peter, and Thomas Pogge, was employed to examine assumptions and biases inherent in these concepts and their application. Despite significant health gains achieved by TEHIP, this theoretical analysis raises important questions and concerns about the rationale, design and implementation of the project. Keywords. Participation, efficiency, equity, sustainability, scaling up, health intervention, health system reform, Tanzania.

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Poget, Gaël. « Legal aspects of facilitation in civil aviation : health issues ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81228.

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As you probably know, to board the B777-300ERi in Geneva for Anchorage via London, is not just that simple. With your ticket you bought several days before, you come to the airport, check in, pay airport's fees, go through the customs and security checks, walk in the terminal following signs, maybe you stop in the duty free shops, and finally find your gate. By this time, you are ready to board, about one hour after you enter the airport.
We will be essentially interested in air law that is why, the purpose of this master's thesis is to consider the legal aspect of facilitation in civil aviation. The term facilitation refers to the process that passengers, crew, luggage, cargo and mail have to go through when they cross borders to fly from a point A to a point B.
Recently, an aspect of facilitation took an outstanding importance: health issues. At the end of last year, the Severe Acute Respiratory Syndrome (SARS) outbreak was a real threat to international civil aviation because passengers (and crews) could have been exposed to an infected person inside the terminal or on board the plane, also, aircrafts were considered a fast vector of this disease through the world. The economic consequences for airlines and airports were very painful.
iBoeing 777-300 Extended Range.

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Torronteguy, Marco Aurélio Antas. « O direito humano à saúde no direito internacional : efetivação por meio da cooperação sanitária ». Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2140/tde-14032011-154326/.

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A presente tese visa a investigar em que medida a cooperação internacional sanitária pode ser instrumento para a efetivação do direito humano à saúde nos países em desenvolvimento. Busca-se compreender o alcance jurídico da cooperação horizontal em matéria sanitária, a partir da interpretação das normas internacionais, à luz dos direitos humanos e da teoria das relações internacionais, através de um enfoque dialético das contradições que o tema abarca. O estudo documental se delimita nos atos bilaterais celebrados entre o Brasil e cada um dos Países Africanos de Língua Oficial Portuguesa (PALOP) Angola, Cabo Verde, Guiné-Bissau, Moçambique e São Tomé e Príncipe. A análise do conteúdo desses acordos indica que a cooperação internacional sanitária pode ser um instrumento para a efetivação do direito humano à saúde entre países periféricos, na medida em que for horizontalizada e democratizada. Isso implica atender menos a interesses de Estado por poder e influência internacionais e mais a valores comuns à humanidade, traduzidos na forma dos direitos humanos internacionalmente reconhecidos. Então, são apresentados elementos para o aperfeiçoamento da cooperação Sul-Sul, a fim de que ela cumpra com a função de garantir direitos que o poder público estatal, por seus próprios esforços, é incapaz de efetivar. Com isso pretende-se contribuir para a elaboração de um modelo Sul-Sul de cooperação, importante para diminuir a dependência externa dos países periféricos e para promover os direitos humanos. Enfim, propõe-se que a cooperação internacional seja compreendida e reconhecida como instrumento jurídico para a efetivação do direito humano à saúde.
The purpose of the present thesis is to investigate at which extent international health cooperation can be an instrument for the achievement of the human right to health in developing countries. The author seeks to understand the legal scope of horizontal cooperation regarding health, from the interpretation of international rules, in view of human rights and international relations theory, through a dialectical approach of the contradictions encompassed by the theme. The documental study is delimited in the bilateral agreements which have been celebrated between Brazil and each one of the African Countries of Portuguese Official Language (PALOP) Angola, Cape Verde, Guinea-Bissau, Mozambique and São Tomé and Príncipe. The analysis of the agreement content indicates that international cooperation can be an instrument to achieve the right to health among peripheral countries as it is horizontal and democratic. This implies seeking less the State interests for international power and influence and more the values shared by the whole humanity, proclaimed in the internationally recognized human rights. Therefore some elements are presented in view of to perfect South-South cooperation, so it fulfills its function of ensuring rights that the governments, by their own efforts, are not able to fulfill. This work intends to contribute to make a South-South model of cooperation, important to diminish the external dependence of the peripheral countries and to promote human rights. Finally, we propose that international cooperation is understood and acknowledged as a legal instrument for the accomplishment of the human right to health.

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Jenkins, Sara Anne. « Gendered hierarchies and world order : A critical analysis of the instrumentalization of gender within the UN discourse on gender vulnerability to AIDS ». Thesis, University of Ottawa (Canada), 2009. http://hdl.handle.net/10393/28059.

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This thesis is primarily concerned with the concept of gender. It is interested in gender both insofar as it shapes vulnerability, as well as the degree to which particular understandings of gender are instrumental to the functioning of the current world order. This thesis argues that the UN discourse on gender vulnerability to AIDS is an example of the manner in which gender is instrumentalized and made to support a neoliberal globalized model of development and thus of a neoliberal world order. This argument is based upon a discourse analysis of key UN documents on the topic of gender vulnerability to AIDS which is guided by a critical gendered theoretical framework. While it is clear that no established counter-hegemonic or transformative discourse which would appreciably threaten the status quo is present, the existence of spaces for critique points to the potential for the emergence of sites of resistance within the UN.

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Holmes, Nigel. « The Impact of Economic Sanctions on the Right to Health : A comparative study between South African and Iraq ». Thesis, Online Access, 2008. http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_gen8Srv25Nme4_3448_1269390425.pdf.

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Loff, Beatrice. « Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions ». Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.

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Wijesinghe, Sanath Sameera. « Towards global policy coherence for tobacco plain packaging : Examining the challenges for low-and middle-income countries ». Thesis, Queensland University of Technology, 2021. https://eprints.qut.edu.au/213227/1/Sanath%20Sameera%20Wijesinghe_Wijesinghe%20Arachchilage_Thesis.pdf.

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This thesis examines the implementation gap of tobacco plain packaging measures between low- and middle-income countries and high-income countries, looking at the likely challenges that low- and middle-income countries face in implementing plain packaging measures. The thesis identifies three key challenges: resource constraints, intense tobacco industry interference and the threat of litigation for purported breaches of intellectual property rights. This thesis makes strong recommendations for how the global community and international law and policy can support low- and middle-income countries that want to implement tobacco plain packaging measures.

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32

Bendíková, Natália. « Zdravie ako téma v medzinárodnej politike a medzinárodnom práve ». Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-193721.

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The way we understand the term health is being changed significantly under continuous globalisation. Even though in the past, health issues were a concern of a particular country, today, as a result of intensive trade and travelling, these issues reach beyond the boarders of national states and influence millions of people around the world consequently. Thus, the issue of health is moving from the national to the international level and a new concept of Global health emerges. Global health is a notion, which has evoked a lot of interest among politicians, academics, theoreticians, and within the whole international community, too. The international community is aware of its responsibility for global improvements to health through collective action. Thus, this thesis is aimed at the analysis of the development and practice of diplomacy in the sphere of health, as well as identifying the reasons of international co-operation of states in this field. The thesis concludes that the co-operation in global health is based on moral values, which are included in human right to health. Lastly, thesis scrutinizes human right to the enjoyment of the highest attainable standard of health.

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Anderson, Jamie. « The Looming Threat of an Avian Flu Pandemic : Concepts of Human Security ». Thesis, Boston College, 2006. http://hdl.handle.net/2345/374.

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Thesis advisor: Paul Gray
As birds throughout Asia, Europe, and Africa have been infected with an avian influenza, public health experts everywhere are worried that if spread to humans, the world could face a pandemic with proportions similar to the 1918 Spanish influenza. In the past, the federal government has been more concerned with foreign militaries than foreign diseases. But today, the government has devoted over $7.1 billion to preventing a potential pandemic. While much of this goes to research and the production of vaccinations, money is also allocated to strengthen local infrastructures and control the disease in other countries. The fact that the federal government has put so much time and effort to prevent a disease that has affected few humans worldwide, let alone any Americans, points to a growing belief in human security rather than national security. This thesis will evaluate the concept of human security and argue that U.S. action and public opinion regarding the threat of an avian flu pandemic clearly shows decision-making based on human security
Thesis (BA) — Boston College, 2006
Submitted to: Boston College. College of Arts and Sciences
Discipline: International Studies
Discipline: College Honors Program

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Bino, Maria-Antonella. « Hospitalisation forcée et droits du malade mental : étude de droit international et de droit comparé / ». Genève [u.a.] : Schulthess, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517737361.pdf.

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Frank, Cornelia. « Access to Safe and Legal Abortion- a Human Right ? : A study of the protection for access to Safe and Legal abortion within Public International Law ». Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-182564.

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Abortion is a controversial issue. It is subject of heated debates stemming from morality and ethics. Abortion is also, however, a question of rights. Access to abortion weighs the rights of the foetus against the rights of the mother. Women being denied access to safe and legal abortion due to criminalisation and restrictive abortion laws, is also a matter of human rights. Women die every year as the result of unsafe abortion methods. This thesis focuses on access to safe and legal abortion, and examines if and how public international law protects women’s access to abortion. It addresses the topic of reproductive rights and health, and whether this set of rights constitutes any protection for access to safe and legal abortion. Human rights that are actualised in relation to abortion include for example the right to life, right to privacy and right to health. Relevant provisions in CEDAW, ICCPR and ICESCR are analysed, together with general comments and reports issued by the treaty monitoring bodies of the UN. The second part of the thesis focuses on access to safe and legal abortion under the ECHR and examines relevant case-law from ECtHR on the topic. In addition to the legal dogmatic method, a feminist legal theory is used to critically evaluate whether the current protection of access to safe and legal abortion is sufficient from a women’s rights perspective. The author concludes that public international law does not offer any direct protection of access to safe and legal abortion. Instead, access to safe and legal abortion can be protected indirectly by other human rights. Restrictive abortion laws that results in risking the health and life of the mother can violate women’s human rights. Case-law from the ECtHR shows that European states are under a positive obligation to provide an effective access to abortion under the right to privacy, if the national law guarantees such a right. The result from the discussion based on feminist legal theory shows that public international law fails to recognise the abortion issue as a question of gender equality and discrimination against women.

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Yodlowski, Shane. « Alien Tort Statute : A Discussion and Analysis of the History, Evolution, and Future ». Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1657.

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The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases that have evolved the ATS; and the way in which the evolution took place. Having lain dormant for almost two decades, it is important to understand how the ATS was finally utilized and how this affected the statutes ability to become a tool for human rights persecution abroad; until the decision in Kiobel v. Royal Dutch Petroleum. Examining the language of two opinions by the District Court of the Second Circuit and the Supreme Court in Kiobel we will be able to understand, but reject, the arguments of both these courts.
B.A.
Bachelors
Legal Studies
Health and Public Affairs

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Ndou, Portia. « The competitiveness of the South African citrus industry in the face of the changing global health and environmental standards ». Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/477.

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In recent years, concern about food safety linked to health issues has seen a rise in private food safety standards in addition to the regulations set by the Food and Agriculture Organisation (FAO) in collaboration with the World Health Organisation (WHO). These have presented challenges to producers and exporters of agricultural food products especially the producers of fresh fruits and vegetables. In spite of the food safety-linked challenges from the demand side, the vast range of business-environment forces pose equally formidable challenges that negatively impact on the exporting industries’ ability to maintain or improve their market shares and their ability to compete in world markets. The objective of this study was therefore to establish the competitiveness of the South African citrus industry in the international markets within this prevailing scenario. Due to the diversity of the definitions of competitiveness as a concept, this study formulated the following working definition: “the ability to create, deliver and maintain value and constant market share through strategic management of the industrial environment or competitiveness drivers”. This was based on the understanding that the international market shares of an industry are a function of forces in the business environment which range from intra-industry, external and national as well as the international elements. The unit of analysis were the citrus producers engaged in export of their products and the study made use of 151 responses by producers. The study adopted a five-step approach to the analysis of the performance of the South African citrus industry in the global markets, starting with the analysis of the Constant Market Share (CMS) of the South African citrus industry in various world markets, establishing the impact of the business environmental factors upon competitiveness, establishing the costs of compliance with private food safety standards, determining the non-price benefits of compliance with the standards, as well as highlighting the strategies for enhancing long-term competitiveness of the industry in the international markets. South Africa is one of the top three countries dominating the citrus fruit export market. Since its entry into the citrus fruit exports market in the 1900s, the industry has sustained its activity in the international market. The Constant Market Share Analysis shows that, amidst the challenges on the international market side, and the changes in the business environment, over much of which the industry has limited control and influence, the industry has maintained its competitive advantage in several markets. The CMS shows that South Africa’s lemons are competitive in America. Despite a negative trend, the South African grapefruit has been competitive in France, Greece, Italy, the Netherlands and Spain. Oranges have been competitive in the Greece, Italy, Portugal, UK, Asian and Northern Europe markets. Competitiveness in these markets has been due to the inherent competitiveness of the industry. Competitiveness in such markets as the Middle East has been attributed to the relatively rapid growth of these markets. The South African citrus industry has similarly undergone many major processes of transformation. The business environmental factors influencing its performance have ranged reform to the challenges beyond the country’s borders. These factors directly and indirectly affect the performance of the industry in the export market. They have influenced the flow of fruits into different international destinations. Of major concern are the food safety and private standards. Challenges in traditional markets as well as opportunities presented by demand from newly emerging citrus consuming nations have seen a diversification in the marketing of the South African citrus. The intensity of competition in the global market is reflected by the fluctuations in the market shares in different markets as well as the increase and fluctuations of fruit rejection rates in some lucrative markets such as America. A combination of challenging national environmental forces and stringent demand conditions negatively impact on revenues especially from markets characterised by price competitiveness. This study identified cost of production, foreign market support systems, adaptability, worker skills, challenges of management in an international environment and government policies such as labour and trade policies as some of the most influential obstacles to competitiveness. Some of the most competiveness-enhancing factors were market availability, market size, market information, market growth and the availability of research institutions. However, compliance with private standards still poses a challenge to the exporters. The different performance levels of the industry in various markets prove the dissimilarity of the demand conditions in the global market. These are supported by the negative influence associated with the foreign market support regimes as well as the challenges associated with compliance with private food safety standards. While market availability, market growth, market information and size were identified as enhancing competitiveness, the fluctuations and inconsistencies in the competitiveness of the industry in different foreign markets require more than finding markets. Resource allocation by both the government and the industry may need to take into account the off-setting of the national challenges and support of farmers faced with distorted and unfair international playing fields. Otherwise, market availability is not a challenge for the industry save meeting the specifications therewith as well as price competitiveness which is unattainable for the South African citrus producers faced with high production costs. For the purposes of further study, it is recommended that account should be taken of all the products marketed by the industry (including processed products such as fruit juices) in order to have a whole picture of the competitiveness of the industry in the international market. This study also proffers a new theoretical framework for the analysis of the business environment for the citrus industry and other agro-businesses. This framework takes into account the indispensability of the food safety standards and measures as well as the diversity of the global consumer and the non-negotiability of food trade for the sustenance of the growing population.

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Enga, Kameni Innocent. « TRIPS and the WTO August 2003 deal on medicines : is it a gift bound in a red tape to developing countries ». Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Torres, Mary Ann. « Access to treatment as a human right, a discussion of the aspects of the right to health under national and international law in Venezuela ; Cruz Bermudez, et al v. Ministry of Health, Supreme Court of Venezuela, July 1999 ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ54070.pdf.

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Sacco, Solomon Frank. « A comparative study of the implementation in Zimbabwe and South Africa of the international law rules that allow compulsory licensing and parallel importation for HIV/AIDS drugs ». Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1100.

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"Zimbabwe and South Africa are facing an HIV/AIDS epidemic of such proportions that the populations of these countries will markedly decline in the next ten years despite the existence of effective drugs to treat the symptoms of AIDS and dramatically lower the communicability of the virus. These drugs are under patent protection by companies in the developed world and the patents raise the prices above the level of affordability for HIV infected persons in South Africa and Zimbabwe. Zimbabwe has declared a national emergency on HIV/AIDS, apparently in conformance with TRIPS and has issued compulsory licenses to a local company that has started to manufacture and sell cheap anti-retroviral drugs. South Africa has not declared a national emergency and has not invoked the TRIPS flexibilities or utilized flexibilities inherent in its own legislation. However, while thousands of people die every week in the two countries, neither government has yet provided an effective HIV/AIDS policy. Extensive litigation and public pressure in South Africa has led the government to announce a policy of supplying free HIV drugs in public hospitals while the Zimbabwean government has announced the provision of the same drugs, also in public hospitals, apparently utilising the state of emergency. The TRIPS agreement under which the two governments undertook to protect international patents allows compulsory licensing under certain circumstances (not limited to a national emergency) and the Doha Declaration on TRIPS and Public Health, and subsequent agreements by the Ministerial Council of the WTO allow the manufacture and, in limited circumstances, the parallel importation of generic drugs. These provisions provide a theoretical mechanism for poor countries to ensure their citizens' rights of access to health (care). The research is aimed at identifying the extent of the effectiveness of the legal norms created by Articles 20 and 31 of TRIPS, the Doha Declaration and subsequent Council of Ministers' decisions, which together ostensibly provide a framework to allow provision of generic drugs. It is further aimed at investigating how the state of emergency in Zimbabwe has been utilised to provide cheap generic drugs to Zimbabweans and whether this would be an option for South Africa. A comparison of the legal provisions governing the provision of drugs in the two countries will also be undertaken to examine the extent to which international and national constitutional and legal provisions may be utilised to give effect to the right to health." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Enid Hill at the American University in Cairo.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Gendrault, Elisabeth. « Le principe de précaution en droit de la santé ». Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32035.

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Si le principe de précaution a pour berceau la sphère environnementale, il s'est détaché de cette dernière pour assez vite investir le domaine de la santé humaine et acquérir une certaine autonomie. Son histoire reste très liée à la jurisprudence communautaire quant à sa définition et à son régime juridique. Si de nombreux pays l'ont plus ou moins bien inséré au sein de leurs droits nationaux, il occupe une place de choix en France depuis 2005 où, inscrit dans la Constitution grâce à la Charte de l'environnement, il est devenu une norme ayant le rang le plus élevé. Permettant de prendre des mesures de précaution quand une activité est susceptible de causer un dommage grave pour l'environnement et la santé humaine, il semble être la réponse la plus adaptée à l'impossibilité de consentir à l'incertitude de la science. C'est au niveau de la conception du médicament que la philosophie du principe de précaution se trouve le plus en harmonie. Afin de mieux le caractériser, le principe de précaution peut être rapproché de la notion de précaution qui est présente depuis la nuit des temps en santé. "Primum non nocere" est la règle de conduite des professionnels de santé. Le principe de précaution, qui est une sorte d'outils dans la gestion des risques hypothétiques, renferme deux obligations: une obligation d'évaluation du risque et une obligation de prévention. S'il est doté d'une fonction préventive face au risque incertain, il n'est pas dépourvu d'une mission réparatrice.Son régime juridique concerne tant le droit public que le droit privé, et les juges ne peuvent plus ignorer ce principe perçu comme une clé pour l'avenir
If the principle of precaution has its roots in the sphere of the environment, it has more recently found relevance, indeed a certain independence, within the domain of human health. With regards to its definition and to its legal regime, its history remains closely linked to community jurisprudence. Many countries have, to a greater or lesser extent, included it within their national rights, and since the environmental Charter of 2005 it enjoys à "special place" in France, where it is now written into the Constitution and has become one of the mostly highly valued norms. When an activity could cause serious harm to the environment or to human health it would appear that the most suitable response, while not directly admitting to the uncertainty of science, would be to ensure that precautionary measures are taken. Philosophically, the principle of precaution finds itself most in harmony when applied to the development of new medicines. To characterise best the principle of precaution, it can be likened to the notion of precaution present in health care since time immemorial. "primum non nocere" is the first rule of health care professionals. The principle of precaution, a useful tool for the management of hypothetical risk, encompasses two imperatives: that of evaluating risk and that of prevention. If on the one hand it is charged with a preventive function in the face of uncertain risk, that is not to say that it is deprived on the other of a reparatory mission. Its legal regime concerns as well public law as private law, and judges can no longer ignore this principle, now seen as "a key for the future"

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Musungu, Sisule Fredrick. « The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement ». Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/931.

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"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ... This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world. The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1
Mini Dissertation (LLM)--University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Cusack, Vincent. « The search for an effective international regime for the long-term safety and security of high level radioactive waste : Pangea and beyond ». Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/632.

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This thesis is a study of public policy issues relating to multinational geological repositories for high-level radioactive waste disposal (HLW). Nuclear states have attempted for decades to implement effective radioactive waste policies, though with limited success. The safe disposal of HLW has proven particularly troublesome and, thus far, a solution has eluded all states. A review of radioactive waste policy in the UK, the US and Switzerland reveals some of the underlying themes behind community opposition to repository siting and the reasons for a broader global search. The failure to achieve HLW repositories at a national level has led to much research into the technical, social and political obstacles to site selection, and into international collaboration. In 1999 Pangea Resources International (PRI) concentrated its efforts in securing a multinational HLW repository in the Australian outback, with its two main arguments being economic incentives for Australia and safety and security benefits for a broader range of nation states. The 'proposal' failed to gain public or political acceptance. An examination of the Pangea multinational project is undertaken to determine why the proponents were unable to adequately make their case for the shared repository's benefits. The study finds that the arguments presented to Australia were rejected because the public perceived the risks from hosting the repository to be much greater than the associated benefits.

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Kengni, Bernard. « Trade and environment : the environmental impacts of the agricultural sector in South Africa ». Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1491_1363781507.

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Bluffstone, Zoe. « Seeking Redemption in a World of Waste : A Comparative Analysis of Bottle Deposit Systems and Campaigns and a Consideration of Their Comprehensive Sustainability ». Oberlin College Honors Theses / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1462983935.

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Swoger, Megan R. « Analysis of the Prevailing Practice of FGM in the Upper West Region of Ghana : Are International Laws and Domestic Policy Effective in Eradicating FGM Within the State ? » Kent State University Honors College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1527422662295883.

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Silva, Agnes Soares da. « Eventos químicos no Regulamento Sanitário Internacional (2005) : do estado da saúde local ao global ». Universidade de São Paulo, 2018. http://www.teses.usp.br/teses/disponiveis/99/99131/tde-18052018-095259/.

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A produção e o uso global de produtos químicos é alta e está em ascensão. Provocado pela globalização econômica, o movimento trans-fronteiriço de produtos químicos e seus resíduos tornam a exposição humana a produtos químicos um grande risco para a saúde pública. O Regulamento Sanitário Internacional (RSI-2005) revisado reconhece os riscos impostos pelos produtos químicos à saúde pública ao incorporá-los entre aqueles com potencial para se tornar uma Emergência de Saúde Pública de Importância Internacional (ESPII). A falta de implementação do RSI-2005 em um país pode ameaçar a segurança sanitária global. Objetivos: O objetivo geral desta tese é apresentar uma proposta para superar o problema da baixa implementação das capacidades de saúde pública em produtos químicos no RSI-2005 e usar o regulamento como uma plataforma para fortalecer a governança para a saúde pública em produtos químicos em todos os níveis de complexidade dos sistemas de saúde. Os objetivos específicos são: desvendar os determinantes, forças motrizes, caminhos e processos que poderiam levar a eventos químicos com potencial ESPII; propor um construto teórico que possa orientar a governança para a saúde pública nesta questão; e identificar os mecanismos que poderiam facilitar a implementação das principais capacidades de saúde pública em produtos químicos para mitigar riscos. Métodos: A secção de métodos inclui: uma revisão sobre riscos químicos locais e globais, apresentando seus determinantes; revisão do conceito de bens públicos, aplicando-o a aspectos relacionados à segurança química; revisão de eventos químicos passados que poderiam atender aos critérios de potencial ESPII; revisão dos princípios da atenção primária à saúde, explorando possibilidades e oportunidades de incorporar a capacidade em riscos ambientais no contexto dos sistemas locais de saúde para fortalecer a vigilância, o monitoramento e a análise da saúde ambiental em todos os níveis; e proposição de um kit de ferramentas de apoio à implementação das capacidades básicas do RSI-2005 em produtos químicos. Resultados: Esta tese constrói seu argumento na seguinte sequência: \"Segurança Química é um Bem Público Global para a Saúde\"; \"Lições Aprendidas de Surtos Químicos Mortais\"; \"O Estado da Vigilância em Saúde Pública para Incidentes Químicos: Dez Anos de RSI-2005 na América Latina e no Caribe\"; \"Capacidade de Vigilância em Saúde e Resposta: do Local ao Global\"; e \"Um Guia para a Implementação de Capacidades Básicas de Saúde Pública para Eventos Químicos\". Discussão: Existe relação entre as agendas globais e locais. O RSI-2005 pode ser interpretado como uma oportunidade para rever os princípios e as capacidades essenciais de saúde pública e para revitalizar a forma como os sistemas de saúde são organizados, fortalecendo os mecanismos de governança para a saúde e a produção de bens públicos globais para a saúde. Isto requer o envolvimento do setor saúde com a sociedade em geral e um papel proeminente e proativo de liderança da OMS. Conclusão: Atuação local não resolverá problemas globais, mas ela não pode ser desvinculada da atuação global. A necessidade de revisitar e atualizar os sistemas nacionais de saúde para responder a esse contexto de globalização é clara e urgente e o RSI-2005 fornece uma plataforma que pode ser inteligentemente usada na elaboração desta resposta. Não para proteger o comércio e a economia, mas a saúde do povo.
The global production and use of chemicals is high and on the rise. Triggered by economic globalization, the transboundary movement of chemicals and their waste makes human exposure to chemicals a widespread public health risk. The revised International Health Regulations (IHR-2005) recognized the risks posed by chemicals to public health by incorporating them among those with the potential to become a Public Health Emergency of International Concern (PHEIC). Lack of implementation of the IHR-2005 in one country can threaten global health security. Objectives: The general objective of this thesis is to present a proposal to overcome the problem of low implementation of the public health capacities on chemicals in the IHR-2005 and to use the regulations as a framework to strengthen governance for public health on chemicals at all levels of complexity of the health systems. The specific objectives are: to unveil the determinants, main drivers, pathways and processes that could lead to chemical events with potential PHEIC; to propose a theoretical construct that could guide governance for public health on this matter; and to identify the mechanisms that could facilitate the implementation of the core public health capacities on chemicals to mitigate risks. Methods: The methods section includes: a literature review of local and global chemical risks, presenting their drivers; review of the concept of public goods, applying it to aspects related to chemical safety; review of past chemical events that could meet the criteria of potential PHEIC; review of the principles of primary health care, exploring possibilities and opportunities of incorporating capacity on environmental risks in the context of local health systems to strengthen environmental health surveillance, monitoring and analysis at all levels; and proposition of a toolkit for the implementation of the IHR-2005 core capacities on chemicals. Results: This thesis builds its argument in the following sequence: \"Chemical Safety is a Global Public Good for Health\"; \"Lessons Learned from Deadly Chemical Outbreaks\"; \"Status of Public Health Surveillance for Chemical Incidents: Ten Years of IHR-2005 in Latin America and the Caribbean\"; \"From Local to Global Capacity for Health Surveillance and Response\"; and \"A Guide for the Implementation of Core Public Health Capacities on Chemicals\". Discussion: There are linkages between the global and local agendas. The IHR-2005 can be taken as an opportunity to revisit public health principles and core capacities, and revitalize the way health systems are organized, strengthening mechanisms of governance for health, and the delivery of global public goods for health. This requires the engagement of the health sector with the society in general, and a prominent and proactive leadership role of the WHO. Conclusion: Acting local will not solve global problems, but it can no longer be disentangled from acting global. The need to revisit and update national health systems to respond to this context of globalization is clear and urgent, and the IHR-2005 provides a framework that can be smartly used in the elaboration of this response. Not to protect trade and the economy, but the health of the people.

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Varžgalis, Manvydas. « Tarptautinių sveikatos priežiūros taisyklių įgyvendinimas Lietuvos Respublikoje ». Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090206_104236-80234.

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Šiame darbe yra analizuojamos Tarptautinės sveikatos priežiūros taisyklės, aptariant jų istoriją, pagrindinius principus bei įtaką šiuolaikiniu globalizacijos periodu. Tarptautinės sveikatos taisyklės yra neatsiejama dalis, siekiant išvengti tarptautinio infekcinių ligų plitimo tarptautiniu mastu, netrukdant tarptautinei prekybai bei susisiekimui. Norint išlikti visaverte partnere tarptautinėje erdvėje vystant ekonominę, socialinę padėtį, privalu taisykles įgyvendinti. Lietuva, būdama Pasaulio sveikatos organizacijos, Europos Sąjungos narė, ratifikavo taisykles bei įsipareigojo jas įgyvendinti Lietuvos Respublikos Vyriausybės nutarime iki 2012 metų. Pagrindiniai uždaviniai – suderinti atitinkamus teisės aktus su Taisyklių reikalavimais, užtikrinti tinkamą pasirengimą ir reagavimą į ekstremalias visuomenės sveikatai situacijas, keliančias tarptautinį susirūpinimą, taip pat efektyviai ir laiku koordinuoti tokias situacijas, sustiprinti administracinius gebėjimus, kurių reikia reaguojant į ekstremalias visuomenės sveikatai situacijas, keliančias tarptautinį susirūpinimą. Teisinė bazė yra rengiama pakeičiant/priderinant jau egzistuojančias bei kuriant naujas teisės normas. Lietuvos Respublikos Vyriausybė įsipareigoja teisinę bazę galutinai parengti 2009 metais.
This work is an analysis of the International Health Regulations, discussing their history, basic principles and the impact of globalization in the contemporary period. International Health Regulations are an integral part, to prevent the international spread of infectious diseases internationally, impeding international trade and travel. To remain full–fledged partner in international space development in economic, social situation, the regulations must be implemented. Lithuania as the member of World Health Organization and European Union has ratified the regulations, and undertook implement by the resolution of the Goverment Republic of Lithuania until 2012. The main tasks of harmonizing the legislation with the regulations, are to ensure adequate preparedness and response to emergency public health situations which pose an international concern, as well as an efficient and timely coordination of such situations, to reinforce the administrative capacity needed to respond to emergency public health situations which pose an international concern. The legal framework is being prepared modyfing / adjusting existing and the developing new legal norms. The Government of the Republic of Lithuania commited to finalise legal framework in 2009.

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Bester, Juan. « The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa ». Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.

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Thesis (MA)--University of Stellenbosch, 2002.
ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.

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Scantamburlo, Federica Andrea <1996&gt. « The Rights of Nature and the Right to a Healthy Environment : legal nature and enforcement in international law ». Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/17661.

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Résumé :

L’elaborato si propone di analizzare in maniera critica lo sviluppo di due concetti principali: i diritti della natura e il diritto ad un ambiente salubre. I primi emersero negli anni ’70 e solo recentemente stanno venendo riconosciuti ed inclusi in alcune costituzioni e leggi del mondo. Il diritto ad un ambiente salubre, invece, è un diritto non universalmente riconosciuto, incluso esclusivamente in alcuni trattati per la tutela dei diritti umani e in alcune costituzioni nazionali. La tesi si propone quindi di indagare come i due concetti si siano sviluppati, come sono oggi concretamente applicati e da quali costituzioni o trattati sono o non sono esplicitamente riconosciuti, approfondendo il livello di efficacia della loro applicazione e tendendo in considerazione lo stretto legame che esiste tra i due. Di conseguenza, il primo capitolo analizzerà il motivo per cui il concetto di diritti della natura è stato sviluppato, tenendo in considerazione gli autori che hanno supportato l’idea della necessità di un cambio di paradigma verso un approccio ecocentrico in cui al centro di tutto c’è la Terra. Il secondo capitolo ha lo scopo di analizzare quali sistemi di diritti umani non riconoscono esplicitamente, ma potenzialmente proteggono, il diritto ad un ambiente salubre. L’evoluzione del concetto di diritti della natura verrà affrontato nel terzo capitolo attraverso un’analisi cronologica di autori e conferenze internazionali che hanno permesso l’espansione del concetto di questi diritti, evidenziando inoltre come al pari passo sia emerso il diritto ad un ambiente salubre. Tutto ciò verrà esaminato attraverso la concreta applicazione nel mondo dei due concetti tramite leggi e modifiche costituzionali, con il supporto di relativi esempi. Il quarto capitolo esaminerà tutti i trattati e strumenti per la tutela dei diritti umani che menzionano nel loro testo e quindi riconoscono il diritto ad un ambiente salubre. Infine, il quinto ed ultimo capitolo, approfondirà le conseguenze dei diritti della natura in termini di attori, procedure e di obblighi dello stato, attraverso l’analisi di due casi: uno riguardante il primo processo in cui una corte riconosce i diritti della natura e l’altro, invece, il diritto ad un ambiente salubre in relazione al cambiamento climatico.

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Thèses sur le sujet « International law – Health »

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