1 See Lee, Kelley & Kamradt-Scott, Adam, The Multiple Meanings of Global Health Governance: A Call for Conceptual Clarity, 10 Globalization & Health 28, 28, 33 (2014)Google Scholar; McInnes, Colin et al., Framing Global Health: The Governance Challenge, 7 Global Pub. Health S83, S83-84 (Supp. 2, 2012)Google Scholar; Dodgson, Richard, Lee, Kelley & Drager, Nick, Global Health Governance: A Conceptual Review 5-7 (World Health Organization, Discussion Paper No. 1, 2002)Google Scholar.

2 See infra Part II.

3 See infra Part IV.

4 See generally Ebola Virus Disease Outbreak, World Health Org. (last visited Apr. 2, 2016), http://www.who.int/csr/disease/ebola/en/ [http://perma.cc/4ATX-TCB8] (providing information and updates about cases of Ebola); Emergencies Preparedness, Response: Zika Virus Disease, World Health Org. (last visited Apr. 2, 2016), http://www.who.int/csr/disease/zika/en/ [http://perma.cc/MW3Y-BND4] (reporting information and updates about the Zika virus); Search: Ebola, Médecins Sans Frontières (last visited Apr. 2, 2016), http://www.msf.org/search?keyword=Ebola [http://perma.cc/7CL8-LXTJ] (reporting the many news articles written about Ebola).

5 Such reactions may be an inevitable part of human nature. See Baruch Fischhoff et al., Acceptable Risk 134-39 (1981); see generally Daniel Kahneman, Thinking Fast and Slow (2012) (discussing human reactions to different types of danger); Paul Slovic, The Feeling of Risk (2010) (discussing human perceptions of risk).

6 See infra Part IV.

7 See Ruger, Jennifer Prah, Governing for the Common Good, 23 Health Care Analysis 341, 341 (2015)Google Scholar (“The proper object of global health governance (GHG) should be the common good, ensuring that all people have the opportunity to flourish.”); infra Part III.

8 See infra Part V.

9 Shanthi Mendis et al., World Health Org. [WHO], Global Status Report on Noncommunicable Diseases 2014 9 (2014), http://apps.who.int/iris/bitstream/10665/148114/1/9789241564854_eng.pdf?ua=1 [http://perma.cc/779D-6B8Y] [hereinafter WHO Global Status Report].

10 Number of Global Deaths from Various Causes, Global Health Observatory Data Repository, World Health Org., http://apps.who.int/gho/data/node.main.CODWORLD?lang=en [http://perma.cc/MC3H-85AJ] [hereinafter WHO GHO].

11 Id.

12 World Health Org. [WHO], Preventing Chronic Diseases – A Vital Investment 2 (2005), http://www.who.int/chp/chronic_disease_report/contents/part1.pdf?ua=1 [http://perma.cc/3N9M-D5UB] [hereinafter WHO Vital Investment].

13 Id. at 2.

14 WHO Global Status Report, supra note 9, at 8; see Mathers, Colin D. & Loncar, Dejan, Projections of Global Mortality and Burden of Disease from 2002 to 2030, 3 PLOS Med. 2011, 2016 (2006)Google Scholar, http://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.0030442 (estimating 73.2 million total deaths globally in 2030, along with a more optimistic estimate of 64.9 million deaths and a more pessimistic estimate of 80.7 million deaths).

15 WHO GHO, supra note 10.

16 The Top 10 Causes of Death, World Health Org. (last visited May 9, 2016), http://www.who.int/mediacentre/factsheets/fs310/en/index1.html [http://perma.cc/V3BH-HMAV]; see also Number of Deaths, Global Health Observatory Data Repository, World Health Org. (last visited Apr. 8, 2016), http://apps.who.int/gho/data/view.main.CODWBINCLOINCV?lang=en [http://perma.cc/F7SM-CY4D].

17 WHO GHO, supra note 10.

18 Id.; WHO Vital Investment, supra note 12, at 1.

19 See Feachem, Richard G.A., Globalisation Is Good for Your Health, Mostly, 323 Brit. Med. J. 504, 505 (2001)Google Scholar (“[G]lobalisation, economic growth, and improvements in health go hand in hand.”).

20 Nat’l Insts. of Health, NIH No. 11-747, Global Health and Aging 6-8 (2011).

21 Id. at 10.

22 WHO GHO, supra note 10 (Ischemic heart disease and stroke accounted for 3 in 10 deaths in 2012). But see Daniel Callahan, The Roots of Bioethics: Health, Progress, Technology, Death 76 (2012) (“With chronic disease you will most likely have a much longer life, but spend a significant portion of your old age in poor health, inexorably declining. Is that a good bargain? Most of us seem to think so. We prefer to die old rather than young … and to take our chances with chronic disease.”) (discussing increased health care costs with chronic diseases).

23 Murray, Christopher J.L. et al., Global, Regional, and National Disability-Adjusted Life Years (DALYs) for 306 Diseases and Injuries and Healthy Life Expectancy (HALE) for 188 Countries, 1990-2013: Quantifying the Epidemiologic Transition, 386 Lancet 2145, 2145 (2015)Google Scholar.

24 Media Centre: Disability and Health, World Health Org., http://www.who.int/mediacentre/factsheets/fs352/en/ [http://perma.cc/4W2H-6GMP].

25 Id.; see generally Forouzanfar, Mohammad H. et al., Global, Regional, and National Comparative Risk Assessment of 79 Behavioural, Environmental and Occupational, and Metabolic Risks or Clusters of Risks in 188 Countries, 1990-2013: A Systematic Analysis for the Global Burden of Disease Study 2013, 386 Lancet 2287 (2015)Google Scholar (showing potential upcoming threats to world health).

26 See, e.g., Wolff, Jennifer L. et al., A National Profile of Family and Unpaid Caregivers Who Assist Older Adults with Health Care Activities, 176 JAMA Internal Med. 372, 372 (2016)Google Scholar (estimating that there are about 14.7 million unpaid caregivers helping 7.7 million adults in the US, and almost half of the caregivers are assisting older persons with dementia).

27 U.N. Dep’t of Econ. and Soc. Affairs, World Population Prospects: The 2015 Revision, Key Findings and Advance Tables 7, UN. Doc. ESA/P/WP.241 (2015).

28 Id.

29 See WHO Vital Investment, supra note 12, at vii.

30 Bauer, Ursula E. et al., Prevention of Chronic Disease in the 21^st Century: Elimination of the Leading Preventable Causes of Premature Death and Disability in the USA, 384 Lancet 45, 45 (2014)Google Scholar.

31 WHO Comm. on Macroeconomics & Health, Macroeconomics and Health: Investing in Health for Economic Development 1 (2001).

32 See World Health Org. [WHO], Rio Political Declaration on Social Determinants of Health (Oct. 21, 2011), http://www.who.int/sdhconference/declaration/Rio_political_declaration.pdf?ua=1 [http://perma.cc/CAE7-JVPW]; World Health Org. [WHO], Comm’N on Social Determinants of Health, Closing the Gap in a Generation, at 1 (2008), http://www.who.int/social_determinants/thecommission/finalreport/en/ [http://perma.cc/N83M-KV54]; Fran Baum, The New Public Health (2008); Lisa F. Berkman, Ichiro Kawachi & Maria Glymour, eds., Social Epidemiology, 2d ed. (2014); Social Determinants of Health (Michael Marmot & Richard G. Wilkinson eds., 2d ed. 2006); Political and Economic Determinants of Population Health and Well-Being: Controversies and Developments (Vincent Navarro & Carles Muntaner, eds., 2004); Fielding, Jonathan E., Teutsch, Steven & Breslow, Lester, A Framework for Public Health in the United States, 32 Pub. Health Revs. 174, 174 (2010)Google Scholar.

33 Marc Lalonde, A New Perspective of the Health of Canadians (Ministry of National Health and Welfare, Working Paper No. H31-1374, 1974), http://www.phac-aspc.gc.ca/ph-sp/pdf/perspect-eng.pdf [http://perma.cc/UNY5-2CU9].

34 World Health Org. [WHO], Declaration of Alma-Ata (1978), http://www.who.int/publications/almaata_declaration_en.pdf [http://perma.cc/S9XV-65PM].

35 Friedber, Mark W.g et al., Primary Care: A Critical Review of the Evidence on Quality and Costs of Health Care, 29 Health Affairs 766, 766 (2010)Google Scholar.

36 Sustainable Development Goals, U.N. Dev. Programme, http://www.undp.org/content/undp/en/home/sdgoverview/post-2015-development-agenda/ [http://perma.cc/5K8W-GP6D] [hereinafter SDG]; G.A. Res. 55/2 (Sept. 18, 2000); United Nations, The Millennium Development Goals Report 2015 at 4-8 (2000) [hereinafter MDG].

37 The Future We Want: Rio+20 Outcome Document, U.N. Dep’t of Econ. & Soc. Affairs, http://sustainabledevelopment.un.org/futurewewant.html [http://perma.cc/G6GB-DHS3] [hereinafter Rio+20 Outcome Document].

38 Adler, Nancy E. & Newman, Katherine, Socioeconomic Disparities in Health: Pathways and Policies, 21 Health Affairs 60, 60 (2002)Google Scholar; Link, Bruce G. & Phelan, Jo, Social Conditions as Fundamental Causes of Disease, 35 J. Health & Soc. Behav. 80, 80 (1995)Google Scholar.

39 Macrosocial Determinants of Health 7, 9 (Sandro Galea ed., 2007).

40 See Galea, Sandro et al., Estimated Deaths Attributable to Social Factors in the United States, 101 Am. J. Pub. Health 1456 (2011)Google Scholar; Keyes, Katherine & Galea, Sandro, What Matters Most: Quantifying an Epidemiology of Consequence, 25 Annals Epidemiology 305, 308 (2015)Google Scholar.

41 Learning for All: Investing in People’s Knowledge and Skills to Promote Development, World Bank Grp. (2011), http://siteresources.worldbank.org/EDUCATION/Resources/ESSU/Education_Strategy_4_12_2011.pdf [http://perma.cc/RXZ9-SBB4]; Adler, Nancy E. & Rehkopf, David H., U.S. Disparities in Health: Descriptions, Causes, and Mechanisms, 29 Ann. Rev. Pub. Health 235, 243 (2008)Google Scholar.

42 See generally Lang, Kevin, Poverty and the Labor Market, Oxford Handbook of the Economics of Poverty (Jefferson, Philip N. ed., 2012)Google Scholar; Adamkiewicz, Gary et al., Moving Environmental Justice Indoors: Understanding Structural Influences on Residential Exposure Patterns in Low-Income Communities, 101 Am. J. Pub. Health S238 (2011)Google Scholar.

43 See John H. Knox (Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment), Report of the Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, 2, U.N. Doc. A/HRC/31/53 (Dec. 28, 2015); World Bank Grp., Water, Sanitation, and Hygiene (2003); http://openknowledge.worldbank.org/bitstream/handle/10986/9715/536590BRI0ENGL10Box345621B01PUBLIC1.pdf?sequence=1&isAllowed=y [http://perma.cc/PCM8-ZJHK]; Falloon, P. & Betts, R., Climate Impacts on European Agriculture and Water Management in the Context of Adaptation and Mitigation—the Importance of an Integrated Approach, 408 Sci. Total Environ. 5667, 5667 (2009)Google Scholar; Watts, Nick et al., Health and Climate Change: Policy Responses to Protect Public Health, 386 Lancet 1861, 1861 (2015)Google Scholar.

44 Gayatri Koolwal & Dominique van de Walle, Access to Water, Women’s Work and Child Outcomes, 24 (World Bank Grp., Working Paper 5302, 2010); http://openknowledge.worldbank.org/bitstream/handle/10986/3789/WPS5302.pdf?sequence=1&isAllowed=y [http://perma.cc/NP84-MLR2] (finding that access to water improves enrollment in schools for both boys and girls in countries with gender gaps in education).

45 See World Bank Grp., Mainstreaming Gender in Water and Sanitation 9-10 (Working Paper No. 59334, 2010); Salman M.A. Salman & SiobhÁn McInerney-Lankford, THE HUMAN RIGHT TO WATER: LEGAL AND POLICY DIMENSIONS, L. Just. & Dev. Series, 85, No. 30229 (2004), http://openknowledge.worldbank.org/bitstream/handle/10986/14893/302290PAPER0Human0right0to0H20.pdf?sequence=1&isAllowed=y [http://perma.cc/U57J-P5ZJ].

46 U.N. Dep’t of Econ. and Soc. Affairs, WORLD URBANIZATION PROSPECTS: THE 2014 REVISION, at 1, UN. Doc. ST/ESA/SER.A/352 (2014).

47 U.S. Dep’T of Health and Human Servs., DHHS No. (PHS)2012-1038, Healthy People 2010 Final Review, at O-18 (2010) (finding disparities among racial and ethnic populations in 469 population health outcomes), http://www.cdc.gov/nchs/data/hpdata2010/hp2010_final_review.pdf [http://perma.cc/TW9J-SFLA]; Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care 1-2 (Brian D. Smedley, Adrienne Y. Stith & Alan R. Nelson eds., 2003).

48 World Bank Grp., World Development Report 2012: Gender Equality and Development, at 32-35 (2011), http://siteresources.worldbank.org/INTWDR2012/Resources/7778105-1299699968583/7786210-1315936222006/Complete-Report.pdf [http://perma.cc/J8CS-N5CY]; World Econ. Forum, The Global Gender Gap Report 2010, at 3 (2010), http://www3.weforum.org/docs/WEF_GenderGap_Report_2010.pdf [http://perma.cc/YEY6-D4EK].

49 Ferreira, Francisco H.G. & Lugo, Maria Ana, Multidimensional Poverty Analysis: Looking for a Middle Ground, 28 World Bank Res. Observer 22, 232 (2013)Google Scholar, http://openknowledge.worldbank.org/bitstream/handle/10986/21430/wbro_28_2_220.pdf?sequence=1&isAllowed=y [http://perma.cc/94R7-3E3Z]; see Wagstaff, Adam & Kanbur, Ravi, Inequality of Opportunity: The New Motherhood and Apple Pie?, 24 Health Econ. 1243, 1246 (2015)Google Scholar (arguing that, for purposes of policy making, it may be easier to identify inequalities that are clearly not justifiable than to achieve consensus on which inequalities are justifiable).

50 Dahlgren, Göran & Whitehead, Margaret, Policies and Strategies to Promote Social Equity in Health 11 (Institute for Futures Studies, Working Paper 2007)Google Scholar, http://www.iffs.se/wp-content/uploads/2011/01/20080109110739filmZ8UVQv2wQFShMRF6cuT.pdf [http://perma.cc/7255-BB5J].

51 WHO, A Conceptual Framework for Action on the Social Determinants of Health 6 (2010).

52 Krieger, Nancy, Proximal, Distal, and the Politics of Causation: What’s Level Got to Do with It?, 98 Am. J. Pub. Health 221, 221 (2008)Google Scholar.

53 Equal Emp’t Opportunity Comm’n v. Flambeau, Inc., 131 F. Supp.3d 849 (W.D. Wis. 2015), appeal pending (7th Cir. 2016) (upholding employer’s requirement that employees take health risk assessment and biometric screening tests as a condition of eligibility for enrolling in employer’s health benefits plan); Levine, David I. et al., Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, 336 Science 907, 910 (2012)Google Scholar; Helen M. Parsons et al., Early Impact of the Patient Protection and Affordable Care Act on Insurance Among Young Adults with Cancer: Analysis of the Dependent Insurance Provision, 122 Cancer (forthcoming in print 2016), http://onlinelibrary.wiley.com/doi/10.1002/cncr.29982/pdf [http://perma.cc/67UK-SC5V].

54 See Ulrich, Michael R., The Impact of Law on the Right to Water and Adding Normative Change to the Global Agenda, 48 Geo. Wash. Int’l L.J. 43, 57–59 (2015)Google Scholar.

55 Josh Sanburn, Flint’s Water Crisis Explained in 3 GIFs, Time (Jan. 24, 2016), http://time.com/4191864/flint-water-crisis-lead-contaminated-michigan/ [http://perma.cc/58R2-H3D3]; see Nathaniel Rich, The Lawyer Who Became DuPont’s Worst Nightmare, N.Y. Times Mag. (Jan. 6, 2016), http://www.nytimes.com/2016/01/10/magazine/the-lawyer-who-became-duponts-worst-nightmare.html?_r=0 (describing the harm that DuPont chemical company’s use of PFOAs caused to the water supply of the Parkersburg, W. Va. community starting in the 1950s).

56 World Health Org., Constitution of the World Health Organization 1 (2006), http://www.who.int/governance/eb/who_constitution_en.pdf [http://perma.cc/6PWR-ENZR] (“Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”).

57 Huber, Machteld et al., How Should We Define Health?, 343 Brit. Med. J. 1, 1 (2011)Google Scholar; http://www.bmj.com/content/bmj/343/bmj.d4163.full.pdf [http://perma.cc/SUJ9-V9DS].

58 Elder, Glen H. Jr., Johnson, Monica Kirkpatrick & Crosnoe, Robert, The Emergence and Development of Life Course Theory, in Handbook of the Life Course 3–19 (Mortimer, Jeylan T. & Shanahan, Michael J. eds., 2003)Google Scholar; Yu, Stella, The Life-Course Approach to Health, 96 Am. J. Pub. Health 768 (2006)Google Scholar (noting how life course theory offers a framework for “for interpreting how peoples’ experiences in their early years influence their later health and functioning”), http://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2006.088617 [http://perma.cc/SF6G-Y5E7].

59 Galea, Sandro et al., Estimated Deaths Attributable to Social Factors in the United States, 101 Am. J. Pub. Health 1456 (2011)Google Scholar, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3134519/pdf/1456.pdf [http://perma.cc/UVD9-NEQT] (estimating the number of deaths in the U.S. attributable to social factors such as low education, racial segregation, low social support, income inequality, and poverty).

60 Michael Marmot, The Health Gap: The Challenge of an Unequal World (2015) [hereinafter The Health Gap] (arguing that poverty and, moreover, inequality and social disadvantage create ill health in populations).

61 Laaser, Ulrich & Epstein, Leon, Threats to Global Health and Opportunities for Change: A New Global Health, 32 Public Health Reviews 54, 64 (2010)Google Scholar (“Indeed, the urban poor are the main group affected by an unequal distribution of resources, and they have to live in quarters characterized by the worst environmental conditions like overcrowded slums and squatter settlements close to polluting industries or congested roads.”); see also Gonzalez, Carmen G., Bridging the North-South Divide: International Environmental Law in the Anthropocene, 32 Pace Envtl. L. Rev. 407, 408 (2015)Google Scholar (explaining that as “inequality grows and the environment deteriorates,” individuals in the “global South,” i.e. the poorer parts of the world, “struggle to satisfy basic human needs” due to environmental barriers).

62 See, e.g., U.S. Bureau of Lab. Stats., The Recession of 2007-2009, at 1-6 (2012), http://www.bls.gov/spotlight/2012/recession/pdf/recession_bls_spotlight.pdf [http://perma.cc/37AD-CH5W] (outlining unemployment patterns in the U.S. during the recent recession).

63 World Health Org., Office of the High Comm’er for Human Rights & the Int’l Org. for Migration, International Migration, Health and Human Rights (2013), http://www.ohchr.org/Documents/Issues/Migration/WHO_IOM_UNOHCHRPublication.pdf [http://perma.cc/PZA5-RVCZ].

64 See WTO, Services: Rules for Growth and Investment, http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm6_e.htm [http://perma.cc/M878-G2DL] (providing information about the rules and mechanics of the General Agreement on Trade Services) (last visited Apr. 1, 2016).

65 Laaser & Epstein, supra note 61, at 65-66.

66 Hunt, Paul, The Human Right to the Highest Attainable Standard of Health: New Opportunities and Challenges, 100 Transactions Royal Soc’y Tropical Med. & Hygiene 603, 605 (2006)Google Scholar (presenting a report by the United Nations Special Rapporteur on the human right to health, describing his investigations in selected countries, including “recommendations for the Government and other actors, including (in appropriate cases) the donor community”).

67 See Murray, Christopher J.L., Shifting to Sustainable Development Goals – Implications for Global Health, 373 New Eng. J. Med. 1390, 1393 (2015)Google Scholar (noting that because three donors accounted for 61.3% of the funding increase between 2000 and 2014 to meet the Millennium Development Goals health agenda, the reactions of such donors may be “the most important aspect” in transitioning to the Sustainable Development Goals agenda).

68 See Pack, Howard & Pack, Janet Rothenberg, Foreign Aid and the Question of Fungibility, 75 Rev. Econ. & Stat. 258 (1993)Google Scholar.

69 See Farag, Marwa et al., Does Funding From Donors Displace Government Spending for Health in Developing Countries?, 28 Health Affairs 1045, 1051 (2009)Google Scholar (finding that “the absolute impact of an increase in aid depends on the baseline levels of donor funding and government expenditures” and that the impact of the reduction in government health spending varies the most in middle-income countries and is “more serious in low-income countries”).

70 See generally Health Behavior Change in Populations (Scott Kahan et al. eds., 2014) (providing information about how promoting health behavior and lifestyle changes across diverse demographic groups can create healthier societies); Researching Health Promotion (Jonathan Watson & Stephen Platt eds., 2002) (examining then-current research performed to improve promotion practices). But see Loprinzi, Paul D. et al., Health Lifestyle Characteristics and Their Joint Association With Cardiovascular Disease Biomarker in US Adults, 91 Mayo Clinic Proceedings 432 (2016)Google Scholar (finding that about 3% of US adults ate a healthy diet, did not smoke, were physically active, and maintained a healthy body fat percentage).

71 Huxley, Rachel R. & Woodward, Mark, Cigarette Smoking as a Risk Factor for Coronary Heart Disease in Women Compared with Men: A Systematic Review and Meta-Analysis of Prospective Cohort Studies, 378 Lancet 1297 (2011)Google Scholar (examining the connection between cigarette smoking and coronary heart disease); Li, Jian & Siegrist, Johannes, Physical Activity and Risk of Cardiovascular Disease — A Meta-Analysis of Prospective Cohort Studies, 9 Int’l J. Envtl. Res. Pub. Health 391 (2012)Google Scholar (examining the connection between various physical activities and cardiovascular health); Mente, Andrew et al., A Systematic Review of the Evidence Supporting a Causal Link Between Dietary Factors and Coronary Health Disease, 169 Arch. Intern. Med. 659 (2009)Google Scholar.

72 See Sandro Galea, On ‘Lifestyle’, Dean’s Notes, B.U. Sch. of Pub. Health (Oct. 18, 2015); http://www.bu.edu/sph/2015/10/18/on-lifestyle/ [http://perma.cc/C4UG-7Z66].

73 Fatma Al-Maskari, Lifestyle Diseases: An Economic Burden on the Health Services, XLVII U.N. Chron. (2010), http://unchronicle.un.org/article/lifestyle-diseases-economic-burden-health-services/ [http://perma.cc/K372-SSRY].

74 See, e.g., id.; WHO, Global Status Report, supra note 9, at ix.

75 See, e.g., WHO Vital Investment, supra note 12, at 48-54; WHO, A Framework to Monitor and Evaluate Implementation: WHO Global Strategy on Diet, Physical Activity and Health 2 (2008), http://www.who.int/dietphysicalactivity/M&E-ENG-09.pdf?ua=1 [http://perma.cc/92A3-8ZMW] [hereinafter WHO GLOBAL STRATEGY]; WHO, Global Recommendations on Physical Activity for Health (2010), http://www.ncbi.nlm.nih.gov/books/NBK305057/pdf/Bookshelf_NBK305057.pdf [http://perma.cc/BS9W-U42H].

76 WHO Global Status Report, supra note 9, at ix (listing, among the nine goals, reducing harmful use of alcohol, insufficient physical activity, salt intake, and tobacco use as well as increasing drug therapy and counselling to prevent heart attacks and stroke).

77 See, e.g., World Bank, Promoting Healthy Living in Latin America AND the Caribbean: Governance of Multisectoral Activities to Prevent Risk Factors for Noncommunicable Diseases (María Eugenia Bonilla-Chacín ed., 2014) (recommending improved diets, increased physical activity, and less use of tobacco and alcohol for improving the health of individuals in Latin America and the Caribbean), http://openknowledge.worldbank.org/bitstream/handle/10986/16376/9781464800160.pdf?sequence=1&isAllowed=y; Al-Maskari, supra note 73; Researching Health Promotion, supra note 70.

78 See, e.g., Bauer et al., supra note 30 at 46 (“The chronic disease burden in the USA largely results from a short list of prevalent factors—including tobacco use, poor diet and physical inactivity …, alcohol consumption, uncontrolled high blood pressure, and hyperlipidaemia ….”.); Jaffe, Harold W. & Frieden, Thomas R., Comment: Improving Health in the USA: Progress and Challenges, 384 Lancet 3, 4 (2014)Google Scholar (“Health in the USA can be improved by policies that protect health in the broadest segments of the population; by better access to, and improved quality of, health care; by increasing the delivery of preventive services within health-care settings; and by individual behavioural change.”); Inst. of Med., Accelerating Progress in Obesity Prevention: Solving the Weight of the Nation (2012), http://www.nationalacademies.org/hmd/~/media/Files/Report%20Files/2012/APOP/APOP_rb.pdf [http://perma.cc/M6U4-V8PH] (emphasizing how changes to diet and exercise habits can help solve and prevent obesity).

79 See Heiman, Harry J. & Artiga, Samantha, Beyond Health Care: The Role of Social Determinants in Promoting Health and Health Equity, Henry J. Kaiser Family Found. Issue Brief 1 (Nov. 2015)Google Scholar (“Health behavior, such as smoking and diet and exercise, are the most important determinants of premature death).

80 WHO Global Strategy, supra note 75, at 2.

81 Michael McGinnis, J. & Foege, William H., Actual Causes of Death in the United States, 270 JAMA 2207, 2207 (1993)Google Scholar (reporting that tobacco, poor diet, physical inactivity and alcohol consumption were also the leading causes of death in the US in 1990); Mokdad, Ali H. et al., Actual Causes of Death in the United States, 2000, 291 JAMA 1238, 1238 (2004)Google Scholar (reporting that the leading causes of death in US were tobacco, poor diet, physical inactivity and alcohol consumption).

82 See Backett, Kathryn C. & Davison, Charlie, Lifecourse and Lifestyle: The Social and Cultural Location of Health Behaviours, 40 Soc. Sci. & Med. 629, 631 (1995)Google Scholar (“[I]t has proved easier within existing research traditions to address relationships between social structural variables, such as socioeconomic status, and the personal behavioural components of lifestyles than it has to understand the culturally based meanings underpinning such relationships.”).

83 See, e.g., Gregg Bloche, M., Obesity and the Struggle Within Ourselves, 93 Geo. L.J. 1335, 1354 (2005)Google Scholar (arguing for shaming obese people as “a burden to others (medically and financially) and a sign of self-indulgence”); Callahan, Daniel, Obesity: Chasing an Elusive Epidemic, 43 Hastings Ctr. Rep. 34, 37 (2014)Google Scholar (advocating “strong social pressure” to convince the public that “excessive weight and outright obesity are not socially acceptable any longer”). For works suggesting that weight is a moral issue, see Against Health: How Health Became the New Morality 1-2 (Jonathan M. Metzl & Anna Kirkland eds., 2010) (arguing that “‘health’ is a term replete with value judgments,” including the notion that “when we encounter someone whose body size we deem excessive and reflexively say, ‘obesity is bad for your health,’ … what we mean is not that this person might have some medical problem, but that they are lazy or weak of will”); Lynne Gerber, Seeking the Straight and Narrow: Weight Loss and Sexual Reorientation in Evangelical America 19-51 (2011) (comparing Christian perceptions of homosexuality and obesity, viewed as a manifestation of gluttony); and Deborah Lupton, The Imperative of Health: Public Health and the Regulated Body 57 (1995) (describing the “deficit” model of human behavior, which assumes that “lifestyle habits are amenable to change, and … that most people, if rationally told the ‘risks’, will make effort to do so”).

84 See Brownell, Kelly D. et al., Personal Responsibility and Obesity: A Constructive Approach to a Controversial Issue, 29 Health Aff. 379, 379 (2010)Google Scholar (“The notion that obesity is caused by the irresponsibility of individuals, and hence not corporate behavior or weak or counterproductive government policies, is the centerpiece of food industry arguments against government action …. [They] cast problems like obesity, smoking, heavy drinking, and poverty as personal failures.”).

85 See generally Norman Daniels et al., Is Inequality Bad for Our Health? 3 (2000) (noting that “the more affluent and better-educated members of a society tend to live longer and healthier lives,” and that “countries with a greater degree of socioeconomic inequality show greater inequality in health status”); Kevin Lang, Poverty and Discrimination 348 (2007) (observing that the differences in medical treatment that “blacks and whites receive … in treatment for similar conditions are sufficiently large to contribute to higher death rates among blacks.”); Marmot, The Health Gap, supra note 60.

86 See, e.g., Adler, Nancy E., Disadvantage, Self-Control, and Health, 112 Proc. Nat’l Acad. Sci. U.S. 10078, 10079 (2015)Google Scholar (“Members of disadvantaged groups have, on average, earlier age of onset of diseases of aging such as cardiovascular disease arthritis, diabetes, and some forms of cancer. Life expectancy at age 25 is shorter for those with less income and less education, as is true for African-Americans compared with European-Americans.”); Du, Juan & Leigh, Paul, Effects of Wages on Smoking Decisions of Current and Past Smokers, 25 Annals Epidemiology 575, 580 (2015)Google Scholar (study finding that rising wages were associated with lower smoking prevalence, with reductions of 5.5 to 6.6 percentage points in men for a 10% increase in wages); Kivimäki, Mika & Kawachi, Ichiro, Work Stress as a Risk Factor for Cardiovascular Disease, 17 Current Cardiology Rep. 1, 6 (2015)Google Scholar (“[E]vidence … suggests that work stressors, such as job strain and long working hours, are associated with a moderately elevated risk of incident coronary heart disease and stroke.”); Pabayo, Roman, Kawachi, Ichiro & Gilman, Stephen E., Income Inequality Among American States and the Incidence of Major Depression, 68 J. Epidemiology Community Health 110, 114 (2014)Google Scholar (finding that women living in “US states with high income inequality” are “more likely to experience a major depressive episode” than “those living in more equal states.”); Steptoe, Andrew & Kivimäki, Mika, Stress and Cardiovascular Disease: An Update on Current Knowledge, 34 Ann. Rev. Pub. Health 337, 337 (2013)Google Scholar (finding that “early-life stressors, such as childhood abuse and early socioeconomic adversity, are linked to increased cardiovascular morbidity in adulthood”); Walque, Damien de, Does Education Affect Smoking Behaviors? Evidence Using the Vietnam Draft as an Instrument for College Education, 26 J. Health Econ. 877, 877 (2007)Google Scholar (finding that “education does affect smoking decisions: educated individuals are less likely to smoke, and among those who initiated smoking, they are more likely to have stopped.”).

87 See Michael Siegel & Lynne Doner Lotenberg, Marketing Public Health: Strategies to Promote Social Change ix (2d ed. 2007) (noting instances “where people tend to know what they should be doing to improve their health and are motivated to do so but aren’t following through,” including the fact that “while 58% [of adults] want to lose weight, only 27% are seriously trying to do so”).

88 See Mariner, Wendy K., The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs, 50 Duq. L. Rev. 271, 299–300 (2012)Google Scholar (describing research finding that few preventive measures save money in the long run).

89 See Pepe, Margaret Sullivan et al., Limitations of the Odds Ratio in Gauging the Performance of a Diagnostic, Prognostic, or Screening Marker, 159 Am. J. Epidemiology 882, 889 (2004)Google Scholar (recognizing that predictive and diagnostic markers that are valuable for characterizing population variations in risk are a “very inaccurate tool for classifying or predicting risk for individual subjects”).

90 See H. Gilbert Welch, Lisa M. Schwartz & Steven Woloshin, Over-Diagnosed: Making People Sick in Pursuit of Health 170 (2011) (discussing how, “ironically, the drive toward more and earlier diagnosis can conflict with the goal of a healthier society”).

91 See, e.g., Keyes, Katherine M. et al., The Mathematical Limits of Genetic Prediction for Complex Chronic Disease, 69 J. Epidemiology Community Health 574 (2015)Google Scholar, http://jech.bmj.com/content/69/6/574.full.pdf+html.

92 The relationship between weight and mortality remains somewhat unclear, at least for those with a BMI between 18.5 and 35. See Flegal, Katherine M. et al., Association of All-Cause Mortality with Overweight and Obesity Using Standard Body Mass Index Categories: A Systematic Review and Meta-analysis, 309 JAMA 71, 79 (2013)Google Scholar (finding that Grade 1 obesity (BMI of 30 to less than 35) is “not associated with higher mortality”); see generally Abigail C. Saguy, What’s Wrong with Fat? 10 (2013) (“[S]everal expert committees have noted that the implications of a child’s BMI for his or her future health remain unclear.”); Rokholm, B., Baker, J.L. & Sorensen, T.I.A., The Levelling Off of the Obesity Epidemic Since the Year 1999—A Review of Evidence and Perspectives, 11 Obesity Revs. 835, 841 (2010)Google Scholar (noting that “BMI does not capture all the variation in health outcomes related to excess adipose tissue,” because “body composition and distribution of fat can be highly variable, even between individuals with the same BMI”).

93 See generally Deborah Stone, Policy Paradox: The Art of Political Decision-Making 259 (Rev. ed., 1997) (“Policy is more like an endless game of Monopoly than a bike repair. Hence the common complaint that policies never seem to solve anything.”).

94 See, e.g., WHO, Declaration of Alma-Ata, supra note 34 (“[E]xpressing the need for urgent action by all governments, all health and development workers, and the world community to protect and promote the health of all the people of the world ….”); World Health Organization, Ottawa Charter for Health Promotion 1, 1 (1986), http://www.who.int/healthpromotion/conferences/previous/ottawa/en/ [http://perma.cc/T7C6-GL7Z] (“[H]ealth promotion is not just the responsibility of the health sector, but goes beyond healthy life-styles to well-being.”); Rio Political Declaration, supra note 32.

95 See Rep. from the International Meeting on Health in All Policies, Adelaide Statement on Health in All Policies: Moving Towards a Shared Governance for Health and Well-Being 1, 1 (2010), http://www.who.int/social_determinants/hiap_statement_who_sa_final.pdf [http://perma.cc/V496-4PV5] (emphasizing that “government objectives are best achieved when all sectors include health and well-being as a key component of policy development.”); World Health Organization, Health in All Policies Training Manual (2015), http://apps.who.int/iris/bitstream/10665/151788/1/9789241507981_eng.pdf [http://perma.cc/LGN2-WML9] (providing the materials necessary to train health and other professionals on Health in All Policies in two- or three-day workshops); Fran Baum et al., History of HiAP, in Health in All Policies: Seizing Opportunities, Implementing Policies 25-42 (Kimmo Leppo et al. eds., 2013), http://www.euro.who.int/__data/assets/pdf_file/0007/188809/Health-in-All-Policies-final.pdf?ua=1 [http://perma.cc/5ZHE-H489] (providing a “brief history of societal recognition of the importance of these determinants and the related policy responses”).

96 See Eeva Ollila et al., Introduction to Health in All Policies and the Analytical Framework of the Book, in HEALTH IN ALL POLICIES: SEIZING OPPORTUNITIES, IMPLEMENTING POLICIES 3 (Kimmo Leppo et al. eds., 2013), http://www.euro.who.int/__data/assets/pdf_file/0007/188809/Health-in-All-Policies-final.pdf?ua=1 [http://perma.cc/5ZHE-H489].

97 See Baum, Fran et al., Evaluation of Health in All Policies: Concept, Theory and Application, 29 Health Promotion Int’l i130, i130 (2014)Google Scholar (“[C]rucial theoretical, methodological and practical issues that need to be considered when evaluating Health in All Policies (HiAP) initiatives.”); Osypuk, Theresa L. et al., Do Social and Economic Policies Influence Health? A Review, 1 Current Epidemiology Reps. 149, 149 (2014)Google Scholar (“[P]olicy makers should design future social policies to evaluate health outcomes using validated health measures; to target women more broadly across the socioeconomic spectrum; and to consider family caregiving responsibilities, as ignoring them can have unintended health effects.”).

98 Keyes, supra note 40; Ruger, supra note 7, at 341.

99 See Ilona Kickbusch & David Gleicher, WHO Regional Office for Europe, Governance for Health in the 21st Century 37 (2012) (“After two decades of focusing on individual behavioral change, health promotion showed (as did other areas of policy, such as the environment) that the problems have to be addressed at the causal level and that joined-up policy approaches are necessary.”).

100 See Kickbusch, Ilona & Szabo, Martina Marianna Cassar, A New Governance Space for Health, 7 Global Health Action 23507, 23512-13 (2014)Google Scholar, http://www.globalhealthaction.net/index.php/gha/article/view/23507/pdf_1 (“Health Ministers must now be concerned with priorities and activities of the security, trade, finance, agriculture, development, and employment industries if they are to effectively address health issues domestically and in global negotiations.”).

101 See Constance A. Nathanson, Disease Prevention as Social Change: The State, Society and Public Health in the United States, France, Great Britain, and Canada 8 (2007) (“[O]rganized human agency as represented by the public health movement has been instrumental in the decline of mortality.”); Brown, Theodore M. & Fee, Elizabeth, Social Movements in Health, 35 Ann. Rev. Pub. Health 385, 395 (2014)Google Scholar (concluding that “social movements and political mobilization have regularly advanced population health in the past and today remain significant sources of energy and motivation to meet ongoing challenges”). In the United States, many of the major public health advances came through federal, state and local legislation. See, e.g., Ctrs. for Disease Control & Prevention, Ten Great Public Health Achievements -- United States, 1900-1999, 48 Morbidity & Mortality Wkly. Rep. 241, 244 (1999) (noting the collaboration between federal, state, and local governments to develop and maintain the U.S. vaccine-delivery system).

102 Brown, Lawrence D., The Political Face of Public Health, 32 Pub. Health Revs. 155, 156 (2010)Google Scholar.

103 John W. Kingdon, Agendas, Alternatives, and Public Policies 87 (2d ed. 1995).

104 Id. at 114 (“[P]roblem recognition is not sufficient by itself to place an item on the agenda. Problems abound … in the government’s environment, and officials pay serious attention to only a fraction of them.”)

105 Id. at 115 (“It does seem true … that linking a proposal to a problem that is perceived as real and important does enhance that proposal’s prospects for moving up on the agenda.”).

106 See id. at 145.

107 The Health in All Policies movement is beginning to identify problems and develop solutions, but most are small in scope and not widely publicized. See supra notes 95-96 and accompanying text.

108 See Mariner, Wendy K., Annas, George J. & Parmet, Wendy E., Pandemic Preparedness: A Return to the Rule of Law, 1 Drexel L. Rev. 341, 363-64 (2009)Google Scholar.

109 G.A. Res. 217A (III), Universal Declaration of Human Rights, U.N. GAOR, 3d Sess., 1st Plen. Mtg., U.N. Doc. A/810 (Dec. 12, 1948), http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf [http://perma.cc/8H4M-CJ9T] [hereinafter UDHR].

110 G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, at 52, U.N. GAOR, 21st Sess., Supp. No. 16 (1966), http://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf [http://perma.cc/UQ8N-ENKC] [hereinafter ICCPR].

111 G.A. Res. 2200 (XXI), International Covenant on Economic, Social and Cultural Rights, U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (Dec. 16, 1966), http://www.ohchr.org/Documents/ProfessionalInterest/cescr.pdf [http://perma.cc/TKN3-NTQ8] [hereinafter ICESCR]. The United States has not ratified the ICESCR. United Nations Treaty Collection, United Nations (Apr. 18, 2016, 7:59 PM), http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&lang=en [http://perma.cc/M3H9-HA44].

112 Office of the U.N. High Comm’r for Human Rights, The Right to Health, Fact Sheet No. 31 (June 2008) [hereinafter Right to Health, Fact Sheet No. 31].

113 Office of the U.N. High Comm’r for Human Rights, Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in Vienna (June 25, 1993), http://www.ohchr.org/Documents/ProfessionalInterest/vienna.pdf [http://perma.cc/7249-863C].

114 See generally Health and Human Rights in a Changing World (Michael A. Grodin et al. eds., 2013) (providing a comprehensive analysis of “health” and “human rights” as intricately related disciplines).

115 UDHR, supra note 109. The UDHR also specifies the following rights relevant to population health and well-being: “All human beings are born free and equal in dignity and rights.” (Art. 1); “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” (Art. 2); “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” (Art. 5); “No one shall be subjected to arbitrary arrest, detention or exile.” (Art. 9); “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.” (Art. 12). Id.

116 ICESCR, supra note 111, at Art. 12 (“The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of health.”); see id., at Annex IV, ¶ 33 (concerning the duties as applied to the right to health).

117 U.N. Econ. & Soc. Council [ECOSOC], Sub-Comm. on Econ., Soc., and Cultural Rights, Report on the Twenty-Second, Twenty-Third and Twenty-Fourth Sessions, Annex IV, ¶ 8, U.N. Doc. E/2001/22-E/C.12/2000/21 (Aug. 11, 2001), http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2f2000%2f4&Lang=en [http://perma.cc/9RNR-7GN9] [hereinafter ECOSOC].

118 Id.

119 Id; see Sofia Gruskin et al., Introduction: Approaches, Methods and Strategies in Health and Human Rights, in Perspectives on Health and Human Rights xii–xix (S. Gruskin et al. eds., 2005). The ICESCR permits progressive realization of certain rights, in accordance with a country’s resources. Key Concepts on ESCRs - What Are the Obligations of States on Economic, Social and Cultural Rights?, U.N. Office of the High Comm’r for Human Rights, http://www.ohchr.org/EN/Issues/ESCR/Pages/WhataretheobligationsofStatesonESCR.aspx [http://perma.cc/S84G-XGEF]. Progressive realization can create controversy in cases in which basic needs are not met. See Mazibuko & Others v. City of Johannesburg 2009 (4) SA 1 (CC) at 39 (S. Afr.); Keener, Steven R. & Vasquez, Javier, A Life Worth Living: Enforcement of the Right to Health Through the Right to Life in the Inter-American Court of Human Rights, 40 Colum. Hum. Rts. L. Rev. 595, 599 (2009)Google Scholar.

120 Right to Health, Fact Sheet No. 31, supra note 112 at 3.

121 Id.

122 Other treaties and conventions address the health of women, children, people with disabilities, migrant workers, prohibitions against torture, and other specific topics. See Core International Human Rights Instruments and Their Monitoring Bodies, U.N. Office of the High Comm’r for Human Rights, http://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx [http://perma.cc/TF7S-UM59].

123 Dennis, Michael J. & Stewart, David P., Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?, 98 Am. J. Int’l L. 462, 495 (2004)Google Scholar (noting that some countries do not necessarily accord authoritative weight to the General Comments interpreting provisions of the Covenants); see Salcito, Kendyl et al., Experience and Lessons from Health Impact Assessment for Human Rights Impact, 15 BMC Int’l Health & Hum. Rts. 24 (2015)Google Scholar.

124 Health and Social Justice: Politics, Ideology, and Inequity in the Distribution of Disease (Richard Hofrichter ed., 2003); Marmot, Michael et al., Closing the Gap in a Generation: Health Equity Through Action on the Social Determinants of Health, 372 Lancet 1661, 1661 (2008)Google Scholar.

125 Marmot, the Health Gap, Supra note 60.

126 See Michael Marmot, Status Syndrome: How Social Standing Directly Affects Your Health and Life Expectancy 63, 63-82 (2004); Adler, Nancy E. et al., Socioeconomic Status and Health: The Challenge of the Gradient, 49 Am. Psychol. 15 (1994)Google Scholar; Bezo, Brent et al., The Rights and Freedoms Gradient of Health: Evidence from a Cross-National Study, 3 Frontiers in Psychol. 1 (2012)Google Scholar; Deaton, Angus, Policy Implications of the Gradient of Health and Wealth, 21 Health Aff. 13 (2002)Google Scholar, http://content.healthaffairs.org/content/21/2/13.full.pdf+html; Michael Marmot, Fair Society, Healthy Lives, Strategic Review of Health Inequalities in England Post-2010 (2011), http://www.instituteofhealthequity.org/Content/FileManager/pdf/fairsocietyhealthylives.pdf [http://perma.cc/3FF9-6WKT].

127 World Health Org., Global Action on the Social Determinants of Health to Address Health Equity (2015), http://www.who.int/social_determinants/implementation/WHA68_sdh-resolution65-8-May2015.pdf?ua=1. [http://perma.cc/A97L-9G2W].

128 See National Research Council and Institute of Medicine, U.S. Health in International Perspective: Shorter Lives, Poorer Health (2013).

129 Hofrichter, supra note 124 (describing three movements that revealed health inequities: epidemiologic studies of the social gradient; studies of health inequalities; and the health and human rights movement). See Samuel Kelton Roberts, Jr., Infectious Fear: Politics, Disease, and the Health Effects of Segregation (2009).

130 SDG, supra note 36. The Sustainable Development Goals (SDG) include other goals addressing some of the social determinants of health, such as water, sanitation and gender equality. Id. The SDG ambitiously seek to achieve by 2030 what their predecessor, the Millennium Development Goals, failed to accomplish by 2015. See MDG, supra note 36. But the SDG do not provide a mechanism for reviewing compliance. UN G.A. Res. 70/1, Transforming Our World: The 2030 Agenda for Sustainable Development (2015), http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E.

131 Marmot, Fair Society, supra note 126, at 34.

132 Laaser & Epstein, supra note 61, at 75; see Gruskin, Sofia et al., “Rights-Based Approaches” to Health Policies and Programs: Articulations, Ambiguities, and Assessment, 31 J. Pub. Health Pol’y 129, 129–130 (2010)Google Scholar.

133 See Hunt, supra note 66; see generally 17 Health & Hum. Rts. J. 1 (2015) (issue devoted to evidence of the impact of human rights approaches on improving health).

134 See Calain, Philippe & Poncin, Marc, Reaching Out to Ebola Victims: Coercion, Persuasion or an Appeal to Self-Sacrifice?, 147 Soc. Sci. & Med. 126, 129 (2015)Google Scholar (describing how a singular focus on preventing the spread of Ebola resulted in resistance among affected groups and unnecessary restrictions on human rights); Viens, A.M., Interdependence, Human Rights and Global Health Law, 23 Health Care Analysis 401, 409–415 (2015)Google Scholar (pointing out that it is not necessarily true that “if health is promoted, then human rights are promoted”).

135 See Annas, George J., The Statue of Security: Human Rights and Post-9/11 Epidemics, 38 J. Health L. 319, 342-46 (2005)Google Scholar; Mariner, Annas & Parmet, supra note 108.

136 Laura Wagner, New Jersey Governor Facing Lawsuit From Nurse Quarantined During Ebola Scare, NPR (Oct. 22, 2015, 4:19 PM), http://www.npr.org/sections/thetwo-way/2015/10/22/450908372/new-jersey-governor-facing-lawsuit-from-quarantined-nurse.

137 Complaint at *2, Hickox v. Christie, 2015 WL 6438125 (D.N.J. Oct. 22, 2015) (No. 2:15-cv-07647- KM-JBC).

138 Id. at *3-*4.

139 International Health Regulations 2015, World Health Org., art. 3 (2d. ed. 2015), http://apps.who.int/iris/bitstream/10665/43883/1/9789241580410_eng.pdf [http://perma.cc/X6ZP-7GGV] [hereinafter WHO IHR].

140 Id. at art. 23(3).

141 Mariner, The Affordable Care Act and Health Promotion, supra note 88, at 299.

142 Mariner, Wendy K., Social Solidarity and Personal Responsibility in Health Reform, 14 Conn. Ins. L. J. 199, 214-27 (2008)Google Scholar (describing wellness programs).

143 Id. at 226; Horwitz, Jill R. et al., Wellness Incentives in the Workplace: Cost Savings Through Cost Shifting to Unhealthy Workers, 32 Health Aff. 468, 468 (2013)Google Scholar.

144 See supra notes 82-86 and accompanying text.

145 See Tom R. Tyler, Why People Cooperate: The Role of Social Motivations 1 (2011) (arguing that people are more likely to be motivated to cooperate when authorities are believed to be sincerely acting in their best interests and using fair procedures).

146 UDHR, supra note 109, at Art. 1, 2, 12; see, e.g., Phillip, Abby & Zezima, Katie, GOP Tack on Heroin Crisis Underlines Racial Divide, Wash. Post A1, A9 (Nov. 28, 2015)Google Scholar (reporting that some US politicians support medical treatment instead of criminal prosecution for users of heroin, 90% of whom are white, but not for marijuana, where blacks are the overwhelming majority of those arrested despite using marijuana in about the same proportion as whites).

147 United Nations, Convention on the Rights of Persons with Disabilities, art. 15, Dec 13, 2016, U.N.T.S. (recognizing disability as a human rights issue).

148 ECOSOC, supra note 117.

149 See Sofia Gruskin et al., supra note 132, at 131 (arguing scholars, especially in medicine and public health, often neglect rights-based approaches to improving population health).

150 See e.g., Report of the Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment: Implementation Report 3 (A/HRC/31/53, Dec. 28, 2015) (“[A] human rights perspective on environmental protection not only promotes human dignity, equality and freedom — the benefits of implementing all human rights — but also improves the effectiveness of policymaking generally”), http://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/292/96/PDF/G1529296.pdf?OpenElement; see Baum, Fran E. et al., Social Vaccines to Resist and Change Unhealthy Social and Economic Structures: A Useful Metaphor for Health Promotion, 24 Health Promotion Int’l 428, 429 (2009)Google Scholar (proposing use of the term “social vaccines” – mentioned by the UN International Labour Organisation and others in 2006 – to mean changes in the social and economic determinants that can help prevent disease and injury).

151 Rio+20 Outcome Document, supra note 37, § 9, at 1-2, para. 9.

152 See generally, Privatisation and Human Rights in the Age of Globalisation (K. de Feyter Koen & F. Gómez Isa eds., 2005).

153 Jeffrey L. Sturchio & Akash Goel, Ctr. For Strategic & Int’l Stud., The Private Sector Role in Public Health 3 (2012).

154 See, e.g., Davis, Sara L.M., Human Rights and the Global Fund to Fight AIDS, Tuberculosis, and Malaria, 16 Health & Hum. Rts. J. 134, 134 (2014)Google Scholar, http://cdn2.sph.harvard.edu/wp-content/uploads/sites/13/2014/06/Davis1.pdf [http://perma.cc/HQ7T-XAWQ].

155 See Chapman, Audrey, The Impact of Reliance on Private Sector Health Services, 16 Health & Hum. Rts. J. 122, 123 (2014)Google Scholar; see generally Deborah Stone, The Samaritan’s Dilemma: Should Government Help Your Neighbor? (2008).

156 See Mariner, Wendy, Paternalism, Public Health, and Behavioral Economics: A Problematic Combination, 46 Conn. L. Rev. 1817, 1819 (2014)Google Scholar (arguing that neo-liberal and behavioral economic policies tend to reject regulation of industry and encourage regulating individuals).

157 See Kent Buse, Making Sense of Global Health Governance: A Policy Perspective (2009) (noting that communities are not taking full advantage of the opportunities to prevent health risks that can arise from globalization); Baldwin, Peter, Beyond Weak and Strong: Rethinking the State in Comparative Policy History, 17 J. Pol’y Hist. 12, 20–21 (2005)Google Scholar. For recommendations on how businesses should protect human rights, see U.N. Office of the High Comm’r for Human Rights, Guiding Principles on Business and Human Rights (2011); http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf. [http://perma.cc/2BRW-JW48].

158 See, e.g., W.H. Mcneill, Plagues and Peoples (1977).

159 See, e.g., Fact Sheet: The Global Health Security Agenda, Off. Press Sec’y, White House (July 28, 2015) (noting that the goal of a $1 billion increased investment is to “prevent, detect and respond to future infectious disease outbreaks in 17 countries,” and “[m]ore than half is for African countries”), http://www.whitehouse.gov/the-press-office/2015/07/28/fact-sheet-global-health-security-agenda [http://perma.cc/S7L5-6PHW].

160 See Frieden, Thomas R. et al., Safer Countries Through Global Health Security, 383 Lancet 764, 764 (2014)Google Scholar (asserting that “health security” has 3 key elements: “prevention wherever possible, early detection, and timely and effective response”).

161 Elbe, Stefan, Should Health Professionals Play the Global Health Security Card?, 378 Lancet 220, 221 (2011)Google Scholar (arguing that health security has “orient[ed] the global health agenda around a fairly narrow set of [infectious] diseases,” or bioweapons of most concern to wealthy countries and donors, whereas the term should include endemic and chronic diseases that plague lower income countries).

162 WHO IHR, supra note 139, art.3, at 10. The International Sanitary Convention in Paris created the International Sanitary Regulations in 1851 following a cholera epidemic. Lawrence O. Gostin, Global Health Law 179 (2014). In 1951, after World War II, the World Health Assembly adopted the International Sanitary Regulations to encourage nations to cooperate in preventing the cross-border spread of communicable diseases, particularly cholera, plague, small pox and yellow fever. These were replaced in 1969 by the first International Health Regulations, which were amended in 1973, 1981 and 2005 (after the SARS epidemic). WHO IHR, supra note 139; see Heymann, David, Public Health, Global Governance, and the Revised International Health Regulations, in David A. Relman et al., Infectious Disease Movement in a Borderless World: Workshop Summary 183, 184-85 (2010)Google Scholar.

163 See Annas, George J., Ebola and Human Rights: Post-9/11 Public Health and Safety in Epidemics, 42 Am. J. L. & Med. 331, 348 (2016)Google Scholar (noting that the 2003 SARS epidemic and the 2015 Ebola epidemic revealed the IHR’s shortcomings).

164 See Braveman, Paula & Gruskin, Sofia, Poverty, Equity, Human Rights and Health, 7 Bull. World Health Org. 81 (2003)Google ScholarPubMed.

165 See Sousa, Cindy A., Political Violence, Collective Functioning and Health: A Review of the Literature, 29 Med. Confl. Surviv. 169 (2013)Google Scholar.

166 See Ruhm, Christopher J., Macroeconomic Conditions, Health and Government Policy, in Making Americans Healthier: Social and Economic Policy as Health Policy: Rethinking America’s Approach to Improving Health 173 (Schoeni RF et al. eds., 2008)Google Scholar.

167 Anumba Joseph Uche, The Impact of Globalization on Public Health and Infectious Diseases, http://www.academia.edu/4454478/THE_IMPACT_OF_GLOBALIZATION_ON_PUBLIC_HEALTH_AND_INFECTIOUS_DISEASES [http://perma.cc/BVC5-DWFP].

168 Baum, Fran, Health, Equity, Justice and Globalisation: Some Lessons from the People's Health Assembly, 55 J. Epidemiology Community Health 613, 613 (2001)Google Scholar (“All the indications are that the current forms of globalisation are making the world a safe place for unfettered market liberalism and the consequent growth of inequities … [and] posing severe threats to both people‘s health and the health of the planet.”).

169 See Alexander Danilenko et al., World Bank Grp., The Ibnet Water Supply and Sanitation Blue Book 2014: The International Benchmarking Network for Water and Sanitation Utilities Databook (2014), http://openknowledge.worldbank.org/bitstream/handle/10986/19811/9781464802768.pdf?sequence=5&isAllowed=y.

170 WHO IHR, supra note 139, art. 1, at 9.

171 See Fidler, David P., From International Sanitary Conventions to Global Health Security: The New International Health Regulations, 4 Chinese J. Int’l L. 325, 325-92 (2005)Google Scholar; Frieden et al., supra note 160; Rodier, Guénaël et al., Global Public Health Security, 13 Emerging Infectious Diseases 1447, 1447 (2007)Google Scholar (“The framework of the newly revised International Health Regulations is a key driver in the effort to strengthen global public health security.”). In the US, implementation of the International Health Regulations (2005) was overseen by the Homeland and the National Security Councils in the HHS/ASPR Office of Policy and Planning. U.S. Dep’t of Health & Human Servs., Office of the Assistant Sec’y for Preparedness and Response, International Health Regulations, http://www.phe.gov/preparedness/international/ihr/pages/default.aspx [http://perma.cc/D997-UZU4].

172 Global Health Security Agenda, U.S. Dept. of Health & Human Servs., http://www.globalhealth.gov/global-health-topics/global-health-security/ghsagenda-launch.html [http://perma.cc/5WSC-ZFKB]. See Annas, supra note 135; Mariner, Annas & Parmet, supra note 108.

173 WHO IHR, supra note 139.

174 Id.

175 Annas, supra note 163.

176 Rebecca Smith, WHO Declares Ebola Epidemic an International Health Emergency, Telegraph (Aug. 8, 2014, 1:18 PM), http://www.telegraph.co.uk/news/worldnews/ebola/11020636/WHO-declares-Ebola-epidemic-an-international-health-emergency.html. The two earlier declarations were for H1N1 in 2008 and a long-term polio outbreak.

177 WHO declared Zika a public health emergency of international concern, perhaps in reaction to its belated recognition of the Ebola epidemic. See Zika Outbreak: WHO's Global Emergency Response Plan, World Health Org. (Mar. 3, 2016), http://www.who.int/emergencies/zika-virus/response/en/ [http://perma.cc/5Y9D-EJPQ].

178 See WHO IHR, supra note 139.

179 Id.

180 The Global Health Security Agenda was created due to concerns over the low global rate of compliance with the 2005 International Health Regulations. See Global Governance Monitor: Global Health Timeline, Council on Foreign Relations (2013) (“Country compliance with the IHRs has been inadequate, underscoring the need for additional mechanisms to persuade impoverished or recalcitrant states to cooperate and ease the flow of crucial information and viral samples for potential pandemic emergencies.”), http://www.cfr.org/global-governance/global-governance-monitor/p18985%23!/public-health#timeline [http://perma.cc/TK83-H3ZV].

181 See Henry J. Steiner & Philip Alston, International Human Rights in Context: Law, Politics and Morals 573 (2d ed. 2000); Daniels, Norman, A Progressively Realizable Right to Health and Global Governance, 23 Health Care Analysis 330, 330-40 (2015)Google Scholar.

182 A recent response to Ebola was another call to strengthen the global system to report outbreaks of communicable disease and keep them within the country of origin. See Moon, Suerie et al., Will Ebola Change the Game? Ten Essential Reforms Before the Next Pandemic. The Report of the Harvard-LSHTM [London School of Hygiene and Tropical Medicine] Independent Panel on the Global Response to Ebola, 386 Lancet 2204, 2204-21 (2015)Google Scholar. The first of ten recommended reforms is that the “global community must agree on a clear strategy to ensure that governments invest domestically in building” capacities to “detect, report and respond rapidly to outbreaks.” Id. at 2204. The authors characterize their proposals as “concrete, actionable, and measurable,” but similar recommendations have borne little fruit. Id.

183 See generally James A. Morone, Hellfire Nation: The Politics of Sin in American History (2003); Guenter B. Risse, Driven by Fear: Epidemics in Isolation in San Francisco’s House of Pestilence (2016); Priscilla Wald, Contagious – Cultures, Carriers, and the Outbreak Narrative (Susan J. Matt & Peter N. Stearns eds., 2008).

184 See U.N. Convention on the Rights of Persons with Disabilities, Article 1 (recognizing disability as a human rights issue), http://www.un.org/disabilities/convention/conventionfull.shtml [http://perma.cc/5HNH-CRGN]; WHO Framework Convention on Tobacco Control, WHO Framework on Tobacco Control (2003) (including provisions addressing the price of tobacco products and limitations on labeling, advertising and promotion of tobacco products, as well as bans on sales to minors and smoking in certain areas), http://www.who.int/tobacco/framework/WHO_FCTC_english.pdf [http://perma.cc/UBF5-XU7Q].

185 See, e.g., Howard-Jones, N., Origins of International Health Work, 1 Brit. Med. J. 1032, 1034 (1950)Google Scholar (“[Q]uarantine barrier methods are of very limited value and … resistance of a community to infection is dependent upon its internal conditions.”).

186 For a historical example, see Christopher Hamlin, Public Health and Social Justice in the Age of Chadwick: Britain 1800-1854, 144-47 (1998) (describing the Chadwick-Farr dispute over whether hunger and deprivation were causes of illness and antisocial behavior).

187 See Brown, The Political Face of Public Health, supra note 102; Stuckler, David, Basu, Sanjay & McKee, Martin, Public Health in Europe: Power, Politics, and Where Next?, 32 Pub. Health Revs. 213, 213-42 (2010)Google Scholar.

188 See 17 Health & Hum. Rts. J., supra note 133.

189 See Rio+20 Outcome Document, supra note 37, at 25 (“We call for the involvement of all relevant actors for coordinated multi-sectoral action to address urgently the health needs of the world’s population.”); Tom Farley, Saving Gotham: A Billionaire Mayor, Activists Doctors, and the Fight for Eight Million Lives 238 (W.W. Norton & Company, 1st ed. 2014) (“The health department of 1900 needed epidemiologists, microbiologists, sanitary engineers, inspectors, nurses, and doctors. The New York City health department of 2010 needed economists, lawyers, policy experts, data scientists, community activists, and specialists in using images and words in the mass media.”).