International law
Emerging trends in international law concerning global infectious disease control
Global infectious disease control: an important but uncertain role for international law
Authors:
D. P. Fidler
Publisher:
Emerging Infectious Diseases, 2003
This article, published in Emerging Infectious Diseases, discusses the emerging role of international law in controlling infectious diseases in the context of globalisation. It begins by tracing the historical development of international law regarding infectious diseases, and highlights the way in which new infectious disease challenges associated with globalisation have prompted significant changes. It then analyses important shifts in how states, international institutions, and nonstate organisations use international law in the context of infectious disease control, covering both horizontal and vertical responses.
The article also shows how the revision of the International Health Regulations (IHR) has led to a shift away from traditional international legal approaches, towards international trade law. Global governance mechanisms have also gained importance, most prominently in connection with increasing access to drugs and other medicines in developing countries. In addition, attention has shifted from horizontal to vertical global governance mechanisms, indicating an important but uncertain role for international law. The author concludes by highlighting three key areas of concern: the IHR revision process, the World Trade Organization’s impact on public health, and the ability of vertical global governance to deliver global public health goods in an important and sustainable manner. [adapted from author]



