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Full-Text Articles in Health Law and Policy

Will The Ebola Epidemic Serve To Make Reform Of The Broken Health Research And Development Framework Go Viral?, Jeremy Mcdonald Jul 2016

Will The Ebola Epidemic Serve To Make Reform Of The Broken Health Research And Development Framework Go Viral?, Jeremy Mcdonald

Indiana Journal of Global Legal Studies

The recent Ebola outbreak in West Africa has captured the public imagination as few other epidemics have, as its rapid spread and lethal effect demonstrated the devastating toll that infectious diseases can exact from a world unprepared to confront them. In light of the epidemic's tragic consequences, numerous experts have called for reform of the system of global health governance whose shortfalls allowed the epidemic to assume the horrifying dimensions it did. Among the many inadequacies that the outbreak uncovered is the insufficient amount of research into and development of treatments and vaccines for infectious diseases of poverty, among ...


Epic Failure Of Ebola And Global Health Security, David P. Fidler Jan 2015

Epic Failure Of Ebola And Global Health Security, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler Jan 2014

Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler

Articles by Maurer Faculty

For health policy, armed conflicts constitute one of the most severe emergency contexts in which health, well-being, and determinants of health are threatened. The Syrian civil war has proved no different, as health experts re­peatedly lament the humanitarian debacle the Syrian conflict has become. The main distinguishing feature of the Syrian civil war has been the large-scale use of chemical weapons in August 2013. This essay analyzes the chemical weapons crisis and its diplomatic resolution from a health policy perspective, with particular attention on whether the handling of this crisis created positive health policy “spillover” opportunities for more effectively ...


Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler Jan 2011

Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler

Articles by Maurer Faculty

Security, economic, development, and humanitarian threats created by infectious diseases have heightened the importance of military forces to national and global public health responses. This article explores the increasing need for military involvement in public and global health surveillance and response to infectious disease threats, and focuses on how military forces can more effectively support implementation of the World Health Organization’s International Health Regulations (2005) (IHR (2005)). The article explains the major changes made in negotiations that produced the IHR (2005) and the importance of these changes to military-to-military activities and civilian-military cooperation. It identifies five areas in which ...


Negotiating Equitable Access To Influenza Vaccines: Global Health Diplomacy And The Controversies Surrounding Avian Influenza H5n1 And Pandemic Influenza H1n1, David P. Fidler Jan 2010

Negotiating Equitable Access To Influenza Vaccines: Global Health Diplomacy And The Controversies Surrounding Avian Influenza H5n1 And Pandemic Influenza H1n1, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar Jan 2009

Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The public health consequences of the conflict in Iraq will likely continue after the violence has subsided. Reestablishing public health security will require large investments in infrastructure and the creation of effective systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously meet international requirements. Unfortunately, the draft constitution does not accomplish this objective. If politically possible, the constitution should be amended ...


Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar Jan 2008

Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The International Health Regulations (IHR), the principal legal instrument guiding the international management of public health emergencies, have recently undergone an extensive revision process. The revised regulations, referred to as the IHR (2005), were unanimously approved in May 2005 by all Member States of the World Health Assembly (WHA) and came into effect on 15 June 2007. The IHR (2005) reflect a modernization of the international community’s approach to public health and an acknowledgement of the importance of establishing an effective international strategy to manage emergencies that threaten global health security.

The success of the IHR as a new ...


Xdr Tuberculosis, The New International Health Regulations, And Human Rights, David P. Fidler, Philippe Calain Jan 2007

Xdr Tuberculosis, The New International Health Regulations, And Human Rights, David P. Fidler, Philippe Calain

Articles by Maurer Faculty

No abstract provided.


Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, And A Global Crisis, David P. Fidler, Howard Markel, Lawrence O. Gostin Jan 2007

Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, And A Global Crisis, David P. Fidler, Howard Markel, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.


Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler Jan 2007

Governing Catastrophes: Security, Health And Humanitarian Assistance, David P. Fidler

Articles by Maurer Faculty

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced ‘‘securitization’’ in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of ...


Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett Jan 2007

Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett

Articles by Maurer Faculty

No abstract provided.


Reflections On The Revolution In Health And Foreign Policy, David P. Fidler Jan 2007

Reflections On The Revolution In Health And Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Foreign Policy, Trade And Health: At The Cutting Edge Of Global Health Diplomacy, David P. Fidler, Nick Drager Jan 2007

Foreign Policy, Trade And Health: At The Cutting Edge Of Global Health Diplomacy, David P. Fidler, Nick Drager

Articles by Maurer Faculty

No abstract provided.


Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler Jan 2006

Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler

Articles by Maurer Faculty

One of the most important themes to emerge from the relationship between trade and health in the first ten year's of the WTO's existence is the challenge of achieving policy coherence. This task is a foreign policy challenge for WTO Members, which requires looking at the relationship between trade and health against the backdrop of the making and implementing of foreign policy. Policy coherence has generally become a major concern for foreign policymakers because post-Cold War trends, such as accelerating globalization, seriously challenge traditional foreign policy assumptions, practices, and institutions. Part of this new context for foreign policy ...


From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler Jan 2005

From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler

Articles by Maurer Faculty

In May 2005, the World Health Organization adopted the new International Health Regulations (IHR), which constitute one of the most radical and far-reaching changes to international law on public health since the beginning of international health cooperation in the mid-nineteenth century. This article comprehensively analyses the new IHR by examining the history of international law on infectious disease control, the IHR revision process, the substantive changes contained in the new IHR and concerns regarding the future of the new IHR. The article demonstrates why the new IHR constitute a seminal event in the relationship between international law and public health ...


Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler Jan 2004

Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Constitutional Outlines Of Public Health's "New World Order", David P. Fidler Jan 2004

Constitutional Outlines Of Public Health's "New World Order", David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Caught Between Paradise And Power: Public Health, Pathogenic Threats, And The Axis Of Illness, David P. Fidler Jan 2004

Caught Between Paradise And Power: Public Health, Pathogenic Threats, And The Axis Of Illness, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler Jan 2003

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Introduction To Written Symposium On Public Health And International Law, David P. Fidler Jan 2002

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Bioterrorism, Public Health, And International Law, David P. Fidler Jan 2002

Bioterrorism, Public Health, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler Jan 2001

The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Global threats to public health in the 19th century sparked the development of international health diplomacy. Many international regimes on public health issues were created between the mid-19th and mid-20th centuries. The present article analyses the global risks in this field and the international legal responses to them between 1851 and 1951, and explores the lessons from the first century of international health diplomacy of relevance to contemporary efforts to deal with the globalization of public health.


Book Review. Gostin On Public Health Law, David P. Fidler Jan 2001

Book Review. Gostin On Public Health Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler Jan 2001

"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Future Of The World Health Organization: What Role For International Law?, David P. Fidler Jan 1998

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler Jan 1998

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Controlling Infectious Diseases, David P. Fidler, William Lane Porter Jan 1997

Controlling Infectious Diseases, David P. Fidler, William Lane Porter

Articles by Maurer Faculty

No abstract provided.


Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler Jan 1997

Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Globalization, International Law, And Emerging Infectious Diseases, David P. Fidler Jan 1996

Globalization, International Law, And Emerging Infectious Diseases, David P. Fidler

Articles by Maurer Faculty

The global nature of the threat posed by new and reemerging infectious diseases will require international cooperation in identifying, controlling, and preventing these diseases. Because of this need for international cooperation, international law will certainly play a role in the global strategy for the control of emerging diseases. Recognizing this fact, the World Health Organization has already proposed revising the International Health Regulations. This article examines some basic problems that the global campaign against emerging infectious diseases might face in applying international law to facilitate international cooperation. The international legal component of the global control strategy for these diseases needs ...


Mission Impossible? International Law And Infectious Diseases, David P. Fidler Jan 1996

Mission Impossible? International Law And Infectious Diseases, David P. Fidler

Articles by Maurer Faculty

No abstract provided.