Document Type
Article
Publication Date
4-11-2024
DOI
10.1371/journal.pgph.0002928
Abstract
The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were exacerbated amid the COVID-19 pandemic, as states neglected international legal commitments in national health responses. Yet, global health law reforms are now underway to strengthen WHO governance, signaling a return to lawmaking for global health. Looking back on WHO’s 75th anniversary, this article examines the central importance of global health law under WHO governance, reviewing the past successes, missed opportunities, and future hopes for WHO. For WHO to meet its constitutional authority to become the normative agency it was born to be, we offer five proposals to reestablish a WHO fit for purpose: normative instruments, equity and human rights mainstreaming, sustainable financing, One Health, and good governance. Drawing from past struggles, these reforms will require further efforts to revitalize hard law authorities in global health, strengthen WHO leadership across the global governance landscape, uphold equity and rights at the center of global health law, and expand negotiations in global health diplomacy.
Publication Citation
Gostin LO, Meier BM, Abdool Karim S, Bueno de Mesquita J, Burci GL, Chirwa D, et al. (2024) The World Health Organization was born as a normative agency: Seventy-five years of global health law under WHO governance. PLOS Glob Public Health 4(4): e0002928. https://doi.org/10.1371/journal.pgph.0002928
Scholarly Commons Citation
Gostin, Lawrence O.; Meier, Benjamin Mason; Karim, Safura Abdool; Bueno de Mesquita, Judith; Burci, Gian Luca; Chirwa, Danwood; Finch, Alexandra; Friedman, Eric A.; Habibi, Roojin; Halabi, Sam F.; Lee, Tsung-Ling; Toebes, Brigit; and Villarreal, Pedro, "The World Health Organization was born as a normative agency: Seventy-five years of global health law under WHO governance" (2024). Georgetown Law Faculty Publications and Other Works. 2593.
https://scholarship.law.georgetown.edu/facpub/2593
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Health Law and Policy Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons