Research On International Law Issues On Infectious Disease Control

As the advance of technology and globalization, people, resources and other production factors flow on a global scale which not only stimulate economic development, but also exacerbated worldwide spreading trend of the previously regionaly transmitted diseasese. Over the past decade, the phenomena that the H1N1, avian flu, SARS and other new infectious diseases spreaded rapidly on a global scale confirmed that the prevention and control of infectious deseases is no longer a problem of a country or a region, but the problem of the whole world . Prevention and control of Infectious diseases are no longer just a health problem, but to become a global social problem. Drugs and vaccines are fundamental to control infectious diseases, while the sound health treaties, laws and regulations are the institutional guarantee. Countries with a sound international coordination mechanisms and improved domestic regulatory environment can form an effective coordination together. Therefore, Integration of international treaties and domestic laws and regulations, and improvement and perfection of the relevant the prevention and control measures, has important practical significance and theoretical value.Previous studies on the control of infectious diseases are mostly from the perspective of economic development, discuss how to avoid the international treaties, provisions and the compulsory license aiming at protecting the public health, which would have the negative impact on China's economic development. This paper summarizes the existing international legal system on infectious disease prevention and control for the purpose of protecting the right to health from the perspective of international law, studies legal issues existing in the course of human beings'battles against the diseases and proposes the way to improve relevant international treaties and domestic laws.There are five parts in this paper.Part I is an overview of infectious diseases. It defines the concept and the danger of infectious diseases, and explaines the importance of international law to the prevention and control of infectious diseases.Part II presents the relevant theory of infectious disease prevention and control. It illustrates the infectious disease prevention and control are the basic requirements of human rights. International law on infectious disease prevention and control reflects the basic human rights,while public health ethic provides the normative principles for the infectious diseases preventitive and controlling behavior.Part III summarizes international legislation on the prevention and control of infectious diseases, , introduces the World Health Organization (WHO) and its the World Health Regulations (IHR) ,the World Trade Organization and its legal system on the prevention and control of infectious diseases, and analyzies their shortcomings.Part IV pointes out problems lies in the infectious disease prevention and control. This part undertakes the classification of international treaties on the last part ,and forwardly analyzies the defects of the treaties combined with practical problems.Part V sets out the solution to infectious diseases prevention and control This section makes recommendations on the view of the world and China's current legislation in infectious disease prevention and control and measures, in order to ease the public health crisises.