This monograph on global health law by Lawrence Gostin is an elegant and cogent exposition of the reasons why we desperately need a global legal framework that is capable of inducing change in global health. This is not surprising, since Lawrence Gostin—a renowned health law expert and Professor of Global Health Law at Georgetown University—has been the leading figure in the endeavours to develop just, functioning and efficient public-health systems at both the domestic and international level. Gostin defines global health law as ‘the study and practice of international law—both hard law (eg treaties that bind States) and soft instruments (eg codes of practice negotiated by States)—that shapes norms, processes, and institutions to attain the highest attainable standard of physical and mental health for the world's population. … The value of justice infuses the field, striving for health equity for the world's most disadvantaged people.’ (59–60)
The book represents the culmination of Gostin's work over the last decade; it includes a comprehensive portrayal of global health law with innovative ideas on global social justice. The book opens with touching testimonies of young people living in Zimbabwe, Bangladesh, Haiti, Malawi, Uganda, and the United States of America on how global health risks affect their lives and destinies. The book consists of four main parts that present global health law in more detail: 1) failures in global health law and their consequences (addressing health inequalities in today's world); 2) global health institutions; 3) international law and global health; and 4) the quest for global social justice.
Part I, on failures in global health law and their consequences, analyses the dynamic between global health justice and international law. In the Preface Gostin calls for an inclusive approach of ‘health in all policies’ (HiAP). This comprises not only governmental policies, but an ‘all-of-society’ approach in which all societal actors—businesses, media, academia, and philanthropy—should devise their policies and practices to have a positive impact on human well-being. Similarly, Gostin's portrayal of global health equity encompasses the following elements: essential public health measures; universal health systems; social determinants of health; good governance; and human rights. Only such an ‘all-inclusive’ approach can counter the proliferation of global health hazards around the world, which are propelled by globalization.
In Part II, which covers global health institutions, Gostin emphasizes that the World Health Organization (WHO) is in a unique position to provide international leadership but is, instead, undergoing fiscal challenges and is in a phase of introspection and reform (87). As the recent Ebola emergency demonstrates, the WHO failed to react promptly and assert itself as a competent leader in the field of global health. According to Gostin it is not surprising, therefore, that this void is increasingly filled by other international actors. The World Bank emerged as a powerful instigator of global health policies through its aid and development programmes. New actors have also emerged in the form of public–private partnerships. The Bill & Melinda Gates Foundation, the Global Fund for AIDS/Tuberculosis/Malaria, the GAVI Alliance, among others, found a niche in which they make substantial contributions for the protection of global health. The author points out that in order for all these actors to be legitimate, they will have to integrate elements of the rule of law and good governance (such as honesty, transparency, public participation, efficiency and accountability) in their functioning (73–5, 87ff).
In Part III, on international law and global health, Gostin analyses the main components of global health law. The WHO has used its treaty-making powers very sparingly and produced only two pieces of ‘hard law’. Nonetheless, the International Health Regulations (IHR, the latest version adopted in 2005) and the Framework Convention on Tobacco Control (FCTC, adopted in 2001) are very important international treaties. IHR significantly increased the prerogatives of the WHO Director General in the fight against infectious diseases. The FCTC, on the other hand, is unprecedented because it is the first treaty to regulate the use of tobacco, which, according to Gostin, is ‘the single most preventable cause of premature death globally’ (175). In addition to the WHO treaties, other major constituents of the global health law are human rights norms (eg the prohibition of discrimination) and agreements achieved in international trade and intellectual property, which enable access to essential drugs (although the world is still lacking a workable agreement on that issue).
The concluding part, which deals with the quest for global social justice, represents the most innovative and thought-provoking part of Gostin's book. Here, the author devotes his most incisive thoughts to the idea of a global health system that would rely on justice as its central tenet. The author suggests that the ideal type of global health system be structured around the following components: (i) the provision of public health services allocated to the population as a whole; (ii) the provision of health care service to all individuals (universal health coverage); and (iii) the assurance of socio-economic determinants that underpin healthy and productive lives (414–19). What Gostin ultimately suggests is a paradigm shift towards understanding the right to health as a collective right, imposing obligations on governments, thus implicating all of society (426).
This is a book that convincingly defines global health law as an emerging legal field. For that reason alone, it is a truly landmark achievement. In addition, the book provides a scholarly, rigorous and comprehensive analysis of the main components of global health law. The book also succeeds in bringing together the disciplines of public global health, international law, medical law and ethics, and political science. It can be said without exaggeration that this book will be indispensable for all those who wish to push the conceptual boundaries of global health further. Because of its embedded mobilizing call, it will also serve as a necessary blueprint for those who wish to contribute to the improvement of health for individuals worldwide.