On The Structure Of Power Of Global Governance For Public Health

In this era of globalization,public health is confronted with unprecedented challenges.With more and more frequent contact between goods,human beings and systems,diseases spread beyond the border,making health issue an international one which should establish a shared solution by nations.In this context,global health governance has come true,while international anarchy and traditional governance theory which emphasizes multiple subjects make no contribution to form a system to cope with common threats to health synergically.Sovereign pluralism and the third-generation human rights indicate that the sovereignty is not almighty,and human rights should not be restricted to individualism.However,these two theories still get stuck in a dualistic framework of sovereignty and human rights,leading to new misunderstandings,and going to other extremes.Therefore,constructing power of global governance for public health(PGGPH),which can take a leading position in global public health affairs and coordinate stakeholders,is the inevitable course for global governance for health to get out of its dilemma.The PGGPH can be defined as an international public power enjoyed by cosmopolites and exercised by World Health Organization,which plays a leading role in legal interest to one health,especially public health risks,by providing public goods,managing public health risks,reviewing reports,and settling disputes.As a power that has not been acknowledged by international law,the justification of the PGGPH is the primary task of this dissertation.There are three reasons why a new power can be discovered from global governance for public health(GGPH).First,GGPH contains political dimensions,because it should apply to human behaviors,although it is based on medical science.As a result,it refers to valuation.Second,since it is also a political issue,besides good governance is the target of governance,there is no reason for us to call for the rule of law in GGPH.Third,among the complex legal relations in GGPH,only the leading role should be regarded as a power,so that its authority and legitimacy can be guaranteed by legal institutions.The origin of the PGGPH is not the transfer of sovereignty,although PGGPH can get more resources by this way;it is from the power of health governance of the whole cosmopolites,which has a dialectical relationship with their rights to participate health governance of each one as a capability of right to health.Some of the most important characteristics of PGGPH are that: it focuses on services,which make it different from traditional compulsory powers;it contains regulation,which distinguishes it from participation rights;and it means leadership,which is the key distinction between it and other international public powers.In terms of legal subject,the PGGPH belongs to cosmopolites.The common will of cosmopolites must be expressed through both a representative-democracy approach and a participatory-democracy approach.World Health Organization(WHO)represents cosmopolites in exercising the power.The World Health Assembly is the power organ of WHO,the Executive Board is its executive organ,and the Secretariat is the chief technical and administrative officer of WHO.Sovereign states,non-State actors and other international organizations are the sources to acquire the common will by WHO.Meanwhile,their particular wills should be screened and treated deliberately.With respect to legal object,the PGGPH regards legal interest to one health as its full coverage which can be led by WHO,while public health risks are deemed to be the primary object which should be led by WHO.As for its capabilities,the PGGPH contains four powers: power to provide public goods,power to manage public health risks,power to review reports,and power to settle disputes.To optimize the PGGPH,the contemporary international law should be reformed.Except for stipulating the power and its basic structure in relative treaties in an explicit way,it is also necessary to take three measures to improve its effects.First,a community of common health for mankind should be the guidelines of the PGGPH,which emphasizes common interest and shared responsibility of all nations.Second,make improvements on the procedure of the PGGPH with a responsive-law approach,which means the objective can occupy the core status and the measures can be taken in a more flexible way.Third,expand the authorization of main measures by adopting a Pandemic Convention,to deal with the major problems in the COVID-19 pandemic.