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Research On The Legal Mechanism For The Prevention And Control Of International Infectious Diseases

Posted on:2022-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:J Q ZhangFull Text:PDF
GTID:2506306575956329Subject:Master of law
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The new crown pneumonia epidemic that emerged in 2019 not only poses a major threat to human health,but also hinders the country’s economic,political and social development.The spread of international infectious diseases warns us that the prevention and treatment of them cannot be accomplished when only a few countries participate,and relevant international laws play an important role in the prevention and treatment of international infectious diseases.It is the consensus of the international community to prevent and treat international infectious diseases and reduce their threats to mankind.It is also an important function of relevant international law.During the period when the epidemic has not yet ended,new international legal issues have emerged one after another,such as cruise ship epidemic handling responsibilities,international legal responsibilities,etc.It is necessary to understand the current status and problems of the entire international health legal system.The current international prevention and control of infectious diseases is based on the International Health Regulations(2005)formulated by the World Health Organization.The latest revision has been fifteen years ago.However,various infectious disease epidemics warn us,Viruses are easy to mutate,and a global crisis will appear after a large-scale spread.It needs to be supported by more complete international health laws.The legal mechanism for the prevention and control of international infectious diseases is a dynamic process.The most important international law document is the International Health Regulations(2005).Five mechanisms are stipulated in the International Health Regulations(2005),namely,infectious disease detection and notification mechanism,information verification and recommendation mechanism,infectious disease quarantine mechanism,emergency handling mechanism,and cooperation and assistance mechanism.To achieve the prevention and control of international infectious diseases,it is necessary to improve the provisions of the International Health Regulations(2005)to provide protection for relevant international legal mechanisms,and a clear accountability mechanism is also required.In order to achieve the prevention,control and treatment of the spread of major epidemic infectious diseases on a global scale,and reduce their adverse effects.This article is divided into four parts:The first part is the introduction part of this article,including research background and significance,research status at home and abroad,research methods and innovation points.This part also analyzes the methods and methods of international infectious disease prevention and control under the current international health legal mechanism.The second part is the legal mechanism for the prevention and control of international infectious diseases.Including the status and hazards of international infectious diseases and the legal norms in response to international infectious diseases;the sources and mechanisms of international law for the prevention and control of international infectious diseases,such as infectious disease monitoring and notification mechanisms,information verification and recommendation mechanisms,infectious disease quarantine inspection mechanisms,and emergencies Health incident handling mechanism,cooperation and assistance mechanism,etc.The third part is the problems existing in the legal mechanism of international infectious disease prevention and control.The first is the lack of provisions in the International Health Regulations(2005),including the lack of prevention links for public health emergencies;the lack of information sharing channels between countries;and the lack of regulations on international assistance.Then there is the lack of guarantees in relevant national legal mechanisms,including the lack of financial guarantees;the lack of influence guarantees.Finally,the accountability mechanism is not clear,including insufficient provisions on the performance of obligations by contracting states;mediation,arbitration and punishment are not authorized;cruise ship epidemic handling disputes and international legal accountability issues.The fourth part is the idea of perfecting the legal mechanism for the prevention and control of international infectious diseases.1.Improving international health legal mechanisms,including ensuring the efficiency of public health information transmission;balancing the responsibilities of developed and developing countries;increasing specific provisions for aid;Role;Cooperate with other international organizations to strengthen influence;Third,clarify the accountability mechanism.Including domestic laws clarifying the obligations of contracting states;adding provisions on mediation,arbitration,and punishment;clarifying the main body of responsibility for the management of the cruise epidemic;clarifying the international health legal responsibility.
Keywords/Search Tags:international law, international health legal mechanism, global infectious disease prevention and control, World Health Organization
PDF Full Text Request
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