Volume 9, Number 3—March 2003
Perspective
Emerging Trends in International Law Concerning Global Infectious Disease Control1
David P. Fidler*
Table 2
The access regime and governance frameworksa
| National governance | International governance | Global governance |
|---|---|---|
| NGO lawsuits filed in national court systems to force national governments to increase access to HIV/AIDS therapies under the human right to health (e.g., South African case of Treatment Action Campaign v. Minister of Health (July 2002)) | Unindustrialized-country and WHO advocacy to strengthen the public health safeguards in TRIPS to ensure access to affordable drugs and medicines (e.g., Declaration on the TRIPS Agreement and Public Health) | NGO activism directed at MNCs, international organizations, and national governments (e.g., MSF’s global campaign opposing pharmaceutical MNCs’ lawsuit against South Africa) |
| Involvement of MNCs and NGOs in drug-development PPPs |
||
| Formal governance roles for nonstate actors in new institutions (e.g., Global Fund) |
aNGOs, nongovernment organizations; WHO, World Health Organization; TRIPS, the Agreement on Trade-Related Aspects of Intellectual Property Rights; MNCs, multinational corporations; MSF, Médecins Sans Frontières; PPPs, public-private partnerships;
1This article is based on presentations to Working Group 2 of the Commission of Macroeconomics and Health, Washington, D.C., July 16, 2001; the Workshop of the Forum of Emerging Infections on “The Impact of Globalization on Infectious Disease Emergence and Control,” Washington, D.C., April 16–17, 2002; and the Centers for Disease Control and Prevention, Atlanta, Georgia, May 8, 2002.
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