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An Analysis Of The Independence Of International Health Law

Posted on:2022-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2506306311963539Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Traditionally,the protection of population health is carried out at the national level.There are a series of laws on adjusting health services,building disease prevention systems and health promotion measures.However,pathogen and lifestyle risk is not limited to individual countries,but with the pace of globalization,so the need for collective action has strengthened the interest in international legal solutions.Globalization is an attribute of the world today,and the impact of sustainable globalization is not only economic,but also a threat to the global population and individual health,which poses many challenges to the health field.This non-traditional health related security challenge has been promoted to the national strategy after the Cold War.It is an urgent need and priority for the world to deal with health risks and ensure health and balance international trade and global business.The international community has made many efforts to solve such problems and formed international health law on the basis of international cooperation.The laws related to international health mainly belong to the category of international public law,which can be said to be the rules regulating the behavior and relations of states in a broad sense,including rights and obligations.The main body of international law still is sovereign state.IGO,especially the WHO,act in promoting the formation and perfection of the international health law system.NGO also influence the perfection of international health law in various aspects.They provide knowledge or financial assistance to the vulnerable groups in the world,and supervise the operation of international health law.As a new branch of international law,international health law has the common characteristics and unique elements.Its legal basis for becoming a new legal department lies in its independent adjustment object,special adjustment method and certain scale legal norms.The adjustment object of this department is health.The definition of "health" in relevant international documents often adopts a broad method,not limited to the simple cognition of physical weakness and disease elimination.Because of this,the adjustment object is complex and unique,including infectious disease prevention,occupational disease,maternal and infant health care,mental health,etc.International health law has a huge source origin.A series of treaties and"soft" legal instruments have had a great impact on the world.It has formed legal framework including conventions,resolutions,statements,codes of action,recommendations,global strategies,global action plans,guidelines,etc.,although it is still relatively scattered and lacks systematic.The unique and comprehensive basic principles and legal system are the external manifestations of the legal departments of international law,and also the standards for distinguishing from similar legal departments such as international trade law and international human rights law.The protection of health reflects the urgent social needs.Based on the world nature and externality of health,legal resources should be integrated.It should be mentioned in the vocabulary of international law.Only by unifying legal instruments,norms and treaties through unique procedural elements to explore and develop new international law fields may have social conditions to improve their lives,can billions of people’s health be improved.
Keywords/Search Tags:International cooperation, Public health and safety, The International Health Organization, International law system
PDF Full Text Request
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