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Article European Union Global Health Law
Authors André den Exter
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 3 / 2020
Pages 17 - 38
Annotation

The European Union is an important player in global health issues. This paper firstly explains the concept of EU global health law and then examines a number of areas where the EU acts and may influence, directly or indirectly, global health issues (eg, trade, public health, health migration, development aid, and health security). What follows is an attempt to tie up the threads more systematically by advocating a Global Health Convention, based on human rights principles. Such a shared vision on global health law may help the EU and Member States to respond more effectively to global health challenges such as international trade, public health security and health threats.

In line with EU Council Conclusions 2010, the focus is on four dominant areas of EU law, explained in more detail. The variety of measures and activities embodies: external trade and global health; EU health law and external relations; health migration and development initiatives; global health security: the emerging health/security nexus.

Author conclude that examining the EU’s role in the global health debate, has revealed a ‘hodgepodge’ of legal issues, rather than a distinct body of rules reflecting a coherent framework of EU law. As a result, its role in the global health is largely influenced by other policy areas than health. What is missing is a common global health policy. Communication 2010 provided key elements of what reflects a fragmented, highly compartmentalised approach. Balancing international trade and other economic interests with global health issues requires a shared vision and strategy what is global health. Here, it is argued that the EU should take the lead in drafting such a common policy based on previous experiences in close collaboration with the key global health actor: the WHO. Formulating and implementing a global health treaty at Member State level, a Framework Convention on Global Health could respond to trade, in a more systematic and coherent manner, reflecting international health law principles and specifying State obligations.

 

Keywords EU global health law; international trade; public health security and health threats; health workers’ migration; Global Health Convention
References

Bibliography

 

Authored books

1. Araujo B.A. Melo, The EU Deep Trade Agenda: Law and Policy (OUP 2016) (in English).

2. Elbe S, Security and Global Health. Towards the Medicalization of Insecurity (Polity Press 2010) (in English).

3. Exter A den and Hervey T, EU Health Law: treaties and legislation (Maklu Press Antwerp 2012) (in English).

4. Gostin J, Global Health Law (HUP 2014) (in English).

5. Gostin L and others, Substandard and falsified drugs: a threat to human and global security (Lancet 2015) (in English).

6. Meija A and Pizurki H and Royston E, Physician and nurse migration: analysis and policy implications (World Health Organization 1979) (in English).

7. Ruijter A de, EU ‘Public Health’ and ‘Health-care’ Law and Policy (Oxford Scholarship on line 2019) (in English).

8. Waele H. de, Legal Dynamics of EU External Relations. Dissecting a Layered Global Player (Springer 2017) (in English).

9. Wessels R A and Odermatt J, Research Handbook on the European Union and international organizations (Edward Elgar publishing ebook 2019) (in English).

 

 Edited books

10. Buchan J and others (eds), Health professional mobility in a changing Europe. New dynamics, mobile individuals and diverse responses, European Observatory on Health Systems (2014) (in English).

11. Buse K and Gostin L and Friedman E, ‘Pathways towards a Framework Convention on Global Health’ in Political Mobilization for the Human Right to Health, in Law and Global Health (Freeman M and Hawkes S and Bennett B eds, OUP 2014) (in English).

12. Chamorro L, ‘Law and the EU Role in Global Health Strategies: The Case of the FCTC’ in Emmerling Th and others (eds), The European Union as a Global Health Actor (World Scientific 2016) (in English).

13. Exter A den, ‘E-Health law: the final frontier?’ in Hervey T and others, EU Health Law and Policy (Elgar Publishing 2017) (in English).

14. Hervey and J McHale, ‘The global context: Opportunities and threats; health knowledge; communicable diseases, global food and tobacco law’ in European Union Health Law: Themes and Implications (Cambridge University Press 2015) (in English).

15. Heymann D L, ‘The true scope of health security, global security’ in Global health security: The wider lessons from the West African Ebola virus disease epidemic (The Lancet 2015) (in English).

16. Taylor A L, ‘International Law, and Public Health Policy’ in Heggenhougen K and Quah S ed, International Encyclopedia of Public Health, Vol 3 (Academic Press 2008) (in English).

 

Journal articles

17. Aldis W, ‘Health security as a Public Health Concept: A critical analysis’ (2008) 23 Health Policy and Planning 370 (in English).

18. Bhattacharya D, ‘An exploration of conceptual and temporal fallacies in international health law and promotion of global public health preparedness’ (2007) 35 Journal of Law, Medicine and Ethics 588–98 (in English).

19. Bodenstein Th and Faust J. and Furness M., ‘European Union Development Policy: Collective Action in Times of Global Transformation and Domestic Crisis’ (2017) 4 Development Policy Review 444 (in English).

20. Fidler D, ‘Global Health Jurisprudence: A Time of Reckoning’ (2008) 96 The Georgetown Law Journal 399–400 (in English).

21. Gostin L and others, ‘Towards a Framework Convention on Global Health’ (2013) 10 Bull. World Health Organ 790–3 (in English).

22. Hoffman S J, ‘The evolution, etiology and eventualities of the global health security regime’ (2010) 25 Health Policy and Planning 514 (in English).

23. International Organization for Migration (IOM), ‘Mobility of Health Professionals to, from and within the European Union’ (2014) 48 IOM Migration Research Series 36 (in English).

24. Maxwell A J et al, ‘Implementation of the European Working Time Directive in neurosurgery reduces continuity of care and training opportunities’ (2010) 7 Acta Neurochirurgica 1207–10 (in English).

25. Ooms G and others, ‘Great expectations for the World Health Organization: a Framework Convention on Global Health to achieve universal health coverage’ (2014) 2 Public Health 173–8 (in English).

26. Pollack M A, ‘Creeping competence: The Expanding Agenda of the European Community’ (1994) 2 J Pub Pol 95–145 (in English).

27. Scott J, ‘The New EU “Extraterritoriality”’ (2014) 51 CMLR 1343–80 (in English).

28. Singh S and Wachter R, ‘Perspectives on Medical Outsourcing and Telemedicine – Rough Edges in a Flat World?’ [2008] 358(15) The New England J Medicine 1625 (in English).

29. Siyam A. and others, ‘Monitoring the implementation of the WHO Global Code of Practice on the International Recruitment of Health Personnel’ 2013 (91) Bull World Health Organ 816–23 (in English).

30. Steurs L and others, ‘The Global Health Policies of the EU and its Member States: A Common Vision?’ (2018) 5 IJHPM 434 (in English).

31. Suk J E, ‘Sound science and the new International Health Regulations’(2007) Global Health Governance 1 (in English).

32. Toebes B, ‘International health law: an emerging field of public international law’ (2015) 3 Ind J Intern Law 299–328 (in English).

33. Wilson K and McDougall C and Upshur R, ‘The new International Health Regulations and the federalism dilemma’ (2006) PLoS Medicine 3 (in English).

 

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