INTERNATIONAL LEGAL REGULATION OF NATIONAL HEALTH SYSTEMS: THE DISCOURSE OF TRANSFORMATION IN THE CONDITIONS OF THE PANDEMIC OF INFECTIOUS DISEASES
DOI:
https://doi.org/10.52026/2788-5291_2023_72_1_158Keywords:
legal regulation, healthcare, pandemic, international cooperation, health regulations, modernizationAbstract
The study combined data and literature analysis based on an interdisciplinary approach with the aim of scientific discourse on the transformation of internationala legal regulation of the global health management system in a crisis situation. The article is devoted to the study of historical retrospective and analysis of modern trends in the international legal regulation of cooperation between states in countering the spread of infectious diseases. Issues of biological safety on a global scale are updated in the context of the problem of preserving human health and the survival of civilization. The problem of organizing effective legal regulation of national health care systems is considered at the level of international and national law. It is emphasized that the coronavirus factor has revealed the need to legitimize the transformation of the legal regulation of public relations in the context of a pandemic, since the current regulatory framework at both the international and national levels has demonstrated the imperfection of the legal mechanisms responsible for ensuring the regulation of healthcare systems. An analysis of the evolution of international cooperation between states provides a basis for concluding that there is a need for convergence of legal regulation of public relations in the system of global healthcare management in the context of a pandemic of infectious diseases.
The study is based on the problems of modernizing the IHR - the International Health Regulations, which historically and traditionally represent a universal international legal act, the legal force of which is binding on all WHO Member States. The study concluded that the increase in the frequency of major public health emergencies and related crises requires the improvement of legal mechanisms to counter the pandemic. In the context of the problem of modernizing the international legal regulation of national health care systems, the issues of both efficiency and inconsistency of the activities of the World Health Organization are considered; the emergence of institutional disunity at the international level; creation of a single/universal program act for application in a pandemic of infectious diseases.