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Tables of Contents for International Law and Public Health
Part I. Introduction to Public Health and International Law
Introduction to Public Health
3
28
Brief History of Public Health
8
8
The Globalization of Public Health
16
15
Introduction to International Law
31
36
Why Is Law Important to Public Health?
31
13
Why Is International Law Important to Public Health?
44
23
Introduction to International Law44
9
International Law and Public Health: Some Historical Background53
6
Globalization, International Law, and Public Health59
8
Part II. The World Politics of Public Health
The Structure and Dynamics of the World Politics of Public Health
67
20
Public Health and the State
67
3
Public Health and the International System
70
2
The International System Affects Public Health70
1
Public Health Threats Affect the International System71
1
Public Health and International Society
72
2
Public Health and Global Society
74
9
NGOs and Global Society74
6
TNCs and Global Society80
3
Summary on Global Society83
1
The World Health Organization
87
40
The Creation and Constitution of WHO
87
11
Creation87
8
WHO's Constitution95
3
Historical Themes in WHO's Existence
98
11
Decline109
1
The World Bank and Global Public Health: A Challenge for WHO110
5
Reform115
2
WHO and International Law
117
10
Part III. Global Disease Challenges and International Law
The Global Crisis in Infectious Diseases and the Role of International Law
127
2
International Health Regulations
129
16
Analysis of the International Health Regulations129
7
IHR Case Study: EU Ban on Fish Exports from Countries in East Africa During a Cholera Epidemic136
3
Proposed Revision of the International Health Regulations139
6
Infectious Diseases of Animals and Plants
145
1
Infectious Disease Vaccines, Drugs, and International Law
146
25
Development of and Access to Vaccines and Drugs for Infectious Diseases Prevalent in Developing Countries147
9
International Trade in Pharmaceuticals and Pharmaceutical Safety156
3
The Control of Antimicrobial Resistance159
12
Use of Vaccines and Drugs and Human Rights Concerns171
1
International Trade in Blood and Blood Products
171
1
Non-Communicable Diseases
179
40
The Global Tobacco Pandemic and International Law
179
17
Tobacco as a Global Public Health Problem180
4
The Proposed Framework Convention on Tobacco Control184
12
Mental Health as a Global Public Health Problem196
3
Mental Health and International Law199
4
Substance Abuse and International Law
203
16
Substance Abuse as a Public Health Problem203
3
Abuse of Narcotic Drugs and Psychotropic Substances and International Law206
7
Alcoholism and International Law213
6
Part IV. International Legal Regimes and Public Health
International Trade Law and Public Health
219
58
Free Trade, Public Health, and International Relations
219
2
The International Legal Regulation of Sanitary and Phytosanitary Measures
221
37
The Law of GATT Article XX(b)223
7
Pressure for Reform of the GATT Disciplines on Trade-Restricting Health Measures230
2
The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)232
1
The Beef Hormones Case and Its Aftermath233
25
The International Legal Regulation of Intellectual Property Rights and Public Health
258
10
TRIPS and Patents259
3
The Controversy Over U.S. Policy Toward South Africa's Desire to Parallel Import and to Use Compulsory Licensing in Connection with HIV/AIDS Therapies262
6
The International Legal Regulation of Trade in Health Services
268
9
International Trade in Health Services and Public Health268
1
The General Agreement on Trade in Services269
8
International Human Rights Law and Public Health
277
56
The Linkage Between Public Health and Human Rights
277
11
Civil and Political Rights and Public Health
288
11
Restricting Civil and Political Rights to Protect Public Health288
6
Violations of Civil and Political Rights as Burdens on Public and Individual Health294
1
The HIV/AIDS Pandemic and Civil and Political Rights295
4
Economic, Social, and Cultural Rights and Public Health
299
3
Introduction to Economic, Social, and Cultural Rights299
2
Economic, Social, and Cultural Rights Relevant to the HIV/AIDS Pandemic301
1
The Right to Health in International Law and Its Problems302
7
The Right to Health in South Africa309
6
The Right to Health in Venezuela315
11
WHO and the Right to Health: Health for All and the ``New Universalism''326
7
International Environmental Law and Public Health
333
40
International Environmental Problems, International Environmental Law, and Public Health
333
1
Protection of National Environmental Resources of Public Health Concern to Other States
334
8
Factual Elements of this International Environmental Problem334
1
Examples of Unsustainable Exploitation of National Environmental Resources of Public Health Concern in Other States335
1
Political and Economic Features of Dealing with the Unsustainable Exploitation of National Environmental Resources of Public Health Concern to Other States335
1
International Legal Features of Dealing with the Unsustainable Exploitation of National Environmental Resources of Public Health Concern to Other States336
2
International Law Specifically Relating to Desertification and Deforestation338
4
Regulation of Domestic Activities that Threaten Public Health in Other States
342
20
Factual Elements of this International Environmental Problem342
1
Examples of Domestic Activities that Can Cause Public Health Threats in Other States342
1
Political and Economic Features of Regulating Domestic Activities that May Cause Public Health Threats in Other States343
1
International Legal Features of Regulating Domestic Activities that May Cause Public Health Threats in Other States343
1
International Law Specifically on Transboundary Air and Water Pollution344
6
International Law Specifically on Industrial, Nuclear, and Maritime Accidents with Transboundary Effects350
7
International Law on International Trade in Hazardous Substances357
5
Protection of Common Environmental Resources Important to Global Public Health
362
10
Factual Elements of this International Environmental Problem362
1
Examples of the Degradation of Common Environmental Resources that Cause Public Health Concern363
1
Political and Economic Features of Protecting Common Environmental Resources of Public Health Importance from Degradation364
1
International Legal Features of Protecting Common Environmental Resources of Concern to Public Health365
2
International Law on Land-Based Marine Pollution367
1
International Law on the Depletion of the Ozone Layer368
3
International Law on Climate Change371
1
War, Weapons, and Public Health
373
54
The Use of Force in International Law
373
3
International Humanitarian Law and Public Health
376
5
Arms Control, Public Health, and Conventional Weapons
381
10
Prohibitions on the Development and Use of Certain Conventional Weapons381
2
An Alternative Approach to Regulating the Development of New Weapons383
5
International Trade in Conventional Weapons388
3
Arms Control, Public Health, and Weapons of Mass Destruction
391
36
Nuclear Weapons391
21
Biological Weapons412
11
Chemical Weapons423
4
International Labor Law and Public Health
427
28
The International Law-Making and Law-Implementing a Powers of the International Labor Organization
427
3
International Labor Law and Public Health
430
12
Structure of International Labor Law430
5
Structure of International Labor Law on Occupational Safety and Health435
1
Adoption and Implementation of ILO Conventions on Occupational Safety and Health436
6
Trade Versus Labor? International Labor Standards in the Era of Globalization
442
8
Conclusion: International Labor Law and Public Health
450
5
Part V Emerging Issues and Concluding Thoughts
Ethical Dilemmas in Pharmaceutical Research and Development in Developing Countries
455
4
Genetic Engineering and Humans459
8
Genetically Modified Foods and Organisms467
1
Traditional Medicine's Role in Public Health in Developing Countries
468
7
The Global Aging Crisis
475
2
Concluding Thoughts: Global Health Jurisprudence and the Future of Humanity's Health
477
6
ANNEXES: INTERNATIONAL LEGAL DOCUMENTS-EXCERPTS
483
136
Annex 1 Constitution of the World Health Organization
485
10
Annex 2 International Health Regulations
495
24
Annex 3 Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care
519
12
Annex 4 WTO Agreement on the Application of Sanitary and Phytosanitary Measures
531
12
Annex 5 Universal Declaration of Human Rights
543
6
Annex 6 Declaration of Alma-Ata
549
4
Annex 7 Convention on Biological Diversity
553
12
Annex 8 Convention on Long-Range Transboundary Air Pollution
565
6
Annex 9 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal
571
12
Annex 10 Vienna Convention for the Protection of the Ozone Layer
583
6
Annex 11 Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction
589
4
Annex 12 ILO Occupational Safety and Health Convention
593
6
Annex 13 Nuremberg Code and Declaration of Helsinki
599
4
Annex 14 Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine, and the Additional Protocol on the Prohibition of Cloning Human Beings
603
10
Annex 15 Universal Declaration on the Human Genome and Human Rights
613
6
Table of Treaties and Other Instruments
623
12
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