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Volume 9, Number 3—March 2003


Emerging Trends in International Law Concerning Global Infectious Disease Control1

David P. Fidler*Comments to Author 
Author affiliation: *Indiana University School of Law, Bloomington, Indiana, USA

Main Article

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;

Main Article

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.