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全球卫生法:在硬法和软法之间
Benjamin Mason Meier1, Alexandra Finch2, Roojin Habibi3
1The University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, United States.
概括
全球卫生法使用硬法和软法. COVID-19突出了软法律的重要作用.
科学领域:
- 全球卫生法律和政策
- 国际法与治理国际法与治理
- 公共卫生法律和道德
背景情况:
- 全球卫生法整合了影响全球卫生规范的"硬"法律条约和"软"法律政策.
- 该领域从"国际卫生法"演变为"全球卫生法和政策",越来越多地依赖软法工具.
- 软法工具被包括世界卫生组织在内的政策制定者利用,以解决全球化的世界中的公共卫生需求.
研究的目的:
- 分析全球卫生法的不断变化的格局,特别是向软法工具的转变.
- 检查软法方法在应对全球健康威胁方面的有效性和局限性,如COVID-19反应所证明的那样.
- 探索整合未来全球卫生治理的硬法和软法框架的潜力.
主要方法:
- 全球卫生领域的法律和政策工具的定性分析.
- 对国际卫生法和全球卫生治理学术文献的审查.
- 对COVID-19反应的案例研究分析,以评估软法的有效性.
主要成果:
- 政策制定者越来越多地采用软法工具来推进全球卫生目标.
- COVID-19大流行暴露了纯粹软法方法的重大局限性,以有效地管理全球健康威胁.
- 各国越来越多地要求进行严格的法律改革,以加强全球卫生治理结构.
结论:
- 虽然软法已经扩大,但其局限性需要对全球卫生治理策略进行重新评估.
- 硬法和软法方法可以在疾病预防和健康促进工作中互补.
- 未来的研究应侧重于概念化硬法和软法框架之间的协同作用,以加强全球卫生进步.
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