论国际卫生立法与世界卫生组织

IF 1.3 4区 社会学 Q2 INTERNATIONAL RELATIONS Chinese Journal of International Law Pub Date : 2021-10-01 DOI:10.1093/chinesejil/jmab020
Vanda Lamm
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引用次数: 0

摘要

世卫组织的成立是国际卫生法发展的一个里程碑,不仅因为它是一个在公共卫生事务方面具有全球能力的世界性国际组织,而且因为它被赋予广泛的立法权限,并有能力通过具有约束力的公约、协定和条例。本文在简要概述国际卫生法的发展和特点的基础上,分析了世界卫生组织的立法权限及其立法成果。它表明,在本组织的主持下,通过的具有约束力的规范很少。相反,该组织在制定软法律规范方面表现出色,甚至在卫生法的某些领域,该组织也没有表现出兴趣。该作者认为,世界卫生组织在制定具有约束力的规范方面的被动不仅是该组织的问题,也是其成员国的问题。
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Some Remarks on International Health Legislation and the WHO
The establishment of the WHO was a milestone in the development of international health law, not only because it has been a worldwide international organization having global competence in public health matters, but by reason of being vested with wide legislative purview and having competence to adopt conventions, agreements and regulations with binding effects. After a short survey of the development and characteristics of international health law, the article analyses the WHO’s law-making purview and the results of that law-making activity. It demonstrates that under the auspices of the organization very few binding norms were adopted. Instead, the organisation excelled in the creation of soft law norms, and even in some areas of health law the organization has showed no interest. According to this author, the WHO’s passivity in law-making of binding norms is attributable not only to the organization but to its Member States as well.
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来源期刊
CiteScore
1.00
自引率
20.00%
发文量
25
期刊介绍: The Chinese Journal of International Law is the leading forum for articles on international law by Chinese scholars and on international law issues relating to China. An independent, peer-reviewed research journal edited primarily by scholars from mainland China, and published in association with the Chinese Society of International Law, Beijing, and Wuhan University Institute of International Law, Wuhan, the Journal is a general international law journal with a focus on materials and viewpoints from and/or about China, other parts of Asia, and the broader developing world.
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