Summary: International And European Health Law

Read the summary and the most important questions on International and European Health Law

• 1 Week 1 - Introduction 1: Sources of Law and Institutions

• 1.1 L.O. Gostin, D. Sridhar & D. Hougendobler, ‘The normative authority of the World Health Organization’, Public Health (2015) 129, p.854-863.

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• When was the World Health Organization (WHO) born?

  After the World War 2

• What are the 5 fundamental tensions the WHO ?

  A Servant to Member States
  
  
  A Paucity of Resources
  
  Earmarked Funding
  
  Weak Governance
  
  Excessive Regionalization

• Why a servant to the member states brings tensions to the WHO

  Member states demand faithfulness to their often-conflicting demands. They elect the Director-General (DG), chart the work plan, approve the budget and steer the overall direction. Such tight control can chill the Secretariat from acting as the moral leader for world health and advocating passionately on behalf of the most disadvantaged.

• Why a paucity of resources brings tensions to the WHO

  WHO resources are entirely incommensurate with the scope and scale of the global health needs. The agency's budget pales in comparison with national health budgets, despite its vast worldwide responsibilities.

• Why a earmarked funding brings tensions to the WHO

  The flow of funds is not only inadequate, but also highly restricted. The agency must have greater authority to direct its resources to where needs are greatest.

• Why a weak governance brings tensions to the WHO

  The WHO lacks critical institutional structures for financial management, transparency, priority setting and accountability. The organization also needs to harness the creativity of non-states actors, enable them to fully participate in decision-making, while managing conflicts of interest.

• Why a excessive regionalization brings tensions to the WHO

  Global policies and programs cannot be effectively implemented due to the WHO's decentralized structure. The regions are not fully branches of the organization. But have wide autonomy. The autonomy of the regions can  hamper the WHO's ability to speak with a single voice and exercise global leadership.

• What are the powers of the WHO?

  Treaty making powers art 19
  
  Regulatory powers art 21
  
  Soft powers art 23

• Institutional actors of the WHO?

  Assembly - appoints secretary, determines budget
  
  Board - technical qualifications, executive function, sets agenda
  
  Secretariat

• In which 6 areas the WHO can be improved?

  Exercise WHO's legal authority
  
  
  Members must become shareholders
  
  Ensure predictable, flexible and adequate funding
  
  Improve WHO governance: transparency, effectiveness and accountability 
  
  Harnessing the energy and power of non-state actors
  
  Staffing: from technical excellence to global leadership