Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-09T06:11:45.587Z Has data issue: false hasContentIssue false

12 - Trade and health: the ethics of global rights, regulation and redistribution

Published online by Cambridge University Press:  01 March 2011

Solomon Benatar
Affiliation:
University of Cape Town
Gillian Brock
Affiliation:
University of Auckland
Get access

Summary

Concerns about health are not new aspects of trade policies, but have long been part of trade negotiations. It is also known that failures in public health policies can substantially and adversely affect trade. The economic costs of global epidemics have been rising sharply, but more important is the point that prevention of epidemics requires not only functional public health measures at national borders, but in essence functional health systems. Health policies and trade policies have mutually compatible and strengthening aspects, but there are also crucial and important conflicts of interests. In this chapter I outline ethical issues and questions that relate to these conflicts and the importance of considering trade policies not merely as transnational policies, but also as representing a form of global legal development and governance in relation to rights, redistribution and regulatory measures. These have consequences not only across countries and amongst international organizations and actors, but also for the balance between public policies and interests and those of national and increasingly global corporate actors and interest groups.

In assessing the implications of trade on health policies we can distinguish two different components. The first is the impacts of trade upon determinants of health and health outcomes. The main and core interest here relates to the magnitude of flows of goods, services, people or capital with positive and negative implications being assessed in relation to these flows and their influence both on health outcomes and on how national health systems function.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Anderson, K. & Martin, W. (2005). Agricultural Trade Reform and the Doha Development Agenda. Washington, DC:World Bank.Google Scholar
Babor, T., Caetano, R., Casswell, S., et al. (2003). Alcohol: No Ordinary Commodity. Research and Public Policy. Oxford: Oxford University Press.Google Scholar
Bettcher, D. W., Yach, D. & Guindon, G. E. (2000). Global trade and health: key linkages and future challenges. Bulletin of the World Health Organization 78, 521–531.Google ScholarPubMed
Bialious, S. A. & Yach, D. (2001). Whose standard is it anyway? How the tobacco industry determines the International Organisation for Standardisation (ISO) standards for tobacco and tobacco products. Tobacco Control 10, 96–104.CrossRefGoogle Scholar
Birdsall, N. (2006). The World is not Flat: Inequality and Injustice in our Global Economy. Helsinki: World Institute for Development Economics Research.Google Scholar
Caplan, A., Dominiguez-Gil, B., Matesanz, R. & Prior, C. (2009). Trafficking of Organs, Tissues and Cells and Trafficking in Human Beings for the Purpose of the Removal of Organs. Joint Council of Europe and United Nations study. Strasbourg: Directorate General of Human Rights and Legal Affairs, Council of Europe.
Caudron, J.-M., Ford, N., Henkens, M.et al. (2008). Substandard medicines in resource-poor settings: a problem that can no longer be ignored. Journal of Tropical and International Health 13, 1062–1072.CrossRefGoogle Scholar
Correa, C. (2002). Protection of Data Submitted for the Registration of Pharmaceuticals: Implementing Standards of the TRIPS Agreement. Geneva: South Centre.Google Scholar
Epps, T. (2008). International Trade and Health Protection. A Critical Assessment of the WTO's SPS Agreement. Cheltenham, UK & Northampton, MA: Elgar International Economic Law.Google Scholar
,EU-CARIFORUM (2008). Economic partnerships agreement between the CARIFORUM States, of the one part, and the European Union, on the other part. Official Journal of the European Union 30.10.2008. L 289/I/3.
,EU-Mexico FTA (2001). European Union – Mexico Free Trade Agreement. www.worldtradelaw.net/fta/agreements/eftamexfta.pdf.
Fidler, D. (1997). Trade and health: the global spread of disease and international trade. German Yearbook of International Law, 40–200.
Fidler, D., Correa, C. & Oginam, A. (2003). Legal Review of the General Agreement on Trade in Services (GATS) from a Health Policy Perspective. Globalisation, Trade and Health Working Paper Series. Geneva: World Health Organization.Google Scholar
Fink, C. & Reichenmiller, P. (2005). Tightening TRIPS: The Intellectual Property Provisions of Recent US Free Trade Agreements (Rep. No. Trade Note 20). Washington, DC: World Bank.Google Scholar
Fitter, R. & Kaplinsky, R. (2001). Who Gains from Product Rents as Coffee Market becomes more Differentiated. Brighton: Institute of Development Studies.Google Scholar
,Food and Agriculture Organization (FAO) (2003). Trade Reforms and Food Security: Conceptualising the Linkages. Rome: Food and Agriculture Organization.Google Scholar
,Food and Agriculture Organization (FAO) (2009). The State of Food Insecurity in the World. Rome: Food and Agriculture Organization.Google Scholar
Garret, L. & Fidler, D. (2007). Sharing H5N1 viruses to stop a global influenza pandemic. PLoS Medicine 4, 11:e330.CrossRefGoogle Scholar
Hawkes, C., Chopra, M. & Friel, S. (2009). Globalization, trade and the nutrition transition. In Labonté, R., Schrecker, T., Packer, C. & Runnels, V. (Eds). Globalization and Health. Pathways, Evidence and Policy. New York, NY:Routledge.Google Scholar
Hunt, P. (2006). The human right to the highest attainable standard of health: new opportunities and challenges. Transactions of the Royal Society of Tropical Medicine and Hygiene 100, 603–607.CrossRefGoogle ScholarPubMed
Kelly, T. (2007). The Impact of the WTO. The Environment, Public Health and Sovereignty. Cheltenham, UK:Edward Elgar.Google Scholar
Koivusalo, M. (1999). WTO and Trade-creep in Health and Social Policies. GASPP Occasional Papers 4. Helsinki: STAKES.Google Scholar
Koivusalo, M., Labonté, R. & Schrecker, T. (2009). Globalization and policy space for health and social determinants of health. In Labonté, R., Schrecker, T., Packer, C. & Runnels, V. (Eds.), Globalization and Health. Pathways, Evidence and Policy. New York, NY:Routledge.Google Scholar
Krajewski, M. (2003). Public services and trade liberalisation: mapping the legal framework. International Journal of Economic Law 6, 341–367.CrossRefGoogle Scholar
Kuptsch, C. (Ed.) (2006). Merchants of Labour. Geneva: ILO.
Lang, T. (2004). Food Industrialisation and Food Power: Implications for Food Governance. IIED Gatekeeper Series No 114. London: IIED.Google Scholar
Luff, F. (2003). Regulation of health services and international trade law. In Mattoo, A. & Sauve, P. (Eds.), Domestic Regulation and Service Trade Liberalisation. New York, NY: World Bank and Oxford University Press.Google Scholar
Mattoo, A. & Rathindran, R. (2006). How health insurance inhibits trade in health care. Health Affairs 25, 358–368.CrossRefGoogle ScholarPubMed
Ofodile, U. (2009). Import (toy) safety, consumer protection and the WTO Agreement on Technical Barriers to Trade: prospects, progress and problems. International Journal of Private Law 2, 163–184.CrossRefGoogle Scholar
Pauwelyn, J. (2003). Conflict of Norms in Public International Law. How WTO Law Relates to other rules of International Law. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Roffe, P. & Spennemann, C. (2006). The impact of FTAs on public health policies and TRIPS flexibilities. International Journal of Intellectual Property Management 1, 75–93.CrossRefGoogle Scholar
Scheper-Hughes, N. (2000). The global traffic in human organs. Current Anthropology 41, 191–208.CrossRefGoogle Scholar
Sell, S. (2008). The global IP upward ratchet, anti-counterfeiting and piracy enforcement efforts: the state of play. www.twnside.org.sg/title2/intellectual_property/development.research/SusanSellfinalversion.pdfGoogle Scholar
Taylor, A. L. & Bettcher, D. (2002). International law and public health. Bulletin of the World Health Organization 80, 975–980.Google ScholarPubMed
,United Nations (2009). Access to Medicine in the Context of the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health. Resolution adopted by the Human Rights Council. A/HRC/RES/12/24.
,United Nations (2009b). Report of the Commission of Experts of the President of the United Nations General Assembly on Reforms of the International Monetary and Financial System. September 21, 2009. New York, NY: United Nations.
Veggeland, F. & Borgen, S.O. (2005). Negotiating international food standards: The World Trade Organization's impact on the Codex Alimentarius Commission. Governance: An International Journal of Policy, Administration and Institutions 18, 675–708.CrossRefGoogle Scholar
Wibulpolprasert, S., Pachanee, C., Pitayarangsarit, S. & Hempisut, P. (2004). International service trade and its implications for human resources for health: a case study of Thailand. Human Resources for Health 2, 10 doi:10.1186/1478–4491–2–10.CrossRefGoogle ScholarPubMed
Willetts, A. & Martinea, T. (2004). Ethical International Recruitment of Health Professionals: Will Codes of Practice Protect Developing Country Health Systems? January 2004. Version 1.1. www.liv.ac.uk/lstm/research/documents/codesofpracticereport.pdf.Google Scholar
,World Health Assembly (WHA) (2008). Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property. World Health Assembly 2008 resolution 61.21. Annex. Geneva: World Health Organization.Google Scholar
,World Health Organization (WHO) (2007). World Health Report. Geneva: World Health Organization.Google Scholar
,World Health Organization (WHO) (2009a). Pandemic Influenza Preparedness: Sharing of Influenza Viruses and Access to Vaccines and other Benefits. Report by the Director-General. A/PIP/IGM/13. April 13, 2009. Geneva: World Health Organization.Google Scholar
,World Health Organization (WHO) (2009b). Director-General's Consultation with Member States. Proposals to Finalise Remaining Elements of the “Pandemic Influenza Preparedness Framework for Sharing Influenza Viruses and Access to Vaccines and other Benefits”. Document HSE/GIP/PIP/2009.1. Geneva: World Health Organization.Google Scholar
,World Trade Organization (WTO) (1998). EC Measures Concerning Meat and Meat Products (Hormones). Appellate Body Report. WT/DS26AB/R. January 16, 1998. Geneva: World Trade Organization.
,World Trade Organization (WTO) (2005). United States – Measures Affecting the Cross-border Supply of Gambling and Betting Services. WT/DS285/ AB/R. April 7, 2005. Geneva: World Trade Organization.
,World Trade Organization (WTO) (2006). Committee on Technical Barriers to Trade. Notification. G/TBT/N/THA/215. October 10, 2006. Geneva: World Trade Organization.Google Scholar
,World Trade Organization (WTO) (2008). Committee on Technical Barriers to Trade. Minutes of the meeting of 9 November 2007. G/TBT/M/43. January 21, 2008. Geneva: World Trade Organization.Google Scholar
Yach, D. & Bettcher, D. (2000). Globalisation of tobacco industry influence and new global responses. Tobacco Control 9, 206–216.CrossRefGoogle ScholarPubMed

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×