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Article 27 of Thai law on tobacco of 1966 prohibited the import or the export of seeds, plants, leaves, tablets of tobacco and tobacco fine without license, issued solely by the Thai Tobacco Monopoly. In addition, it imposed a regime of taxation for different internal products from national tobacco (60%) and imported tobacco (80%). The United States, claiming the protectionist intent of the Thai legislation, asserted violation by Thailand of the principle of non-discrimination (Article III GATT), as well as the prohibition of quantitative restrictions (Article XI.1 Gatt). See panel report of 7 November 1990 (DS10/R-37S/200).

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Article

The Dual Dimension of the Global Governance of Health

1Department of Law, University of Florence, Florence, Italy


American Journal of Public Health Research. 2014, Vol. 2 No. 2, 36-45
DOI: 10.12691/ajphr-2-2-1
Copyright © 2014 Science and Education Publishing

Cite this paper:
Caterina Di Costanzo. The Dual Dimension of the Global Governance of Health. American Journal of Public Health Research. 2014; 2(2):36-45. doi: 10.12691/ajphr-2-2-1.

Correspondence to: Caterina  Di Costanzo, Department of Law, University of Florence, Florence, Italy. Email: caterinadicostanzo@libero.it

Abstract

Although there is a large body of literature that deals with questions relevant to the global governance of health, the legal studies have proved slower in providing systematic approaches to interpreting and analyzing the global governance of health. The case of global governance of health offers a number of interesting insights that ought to advance legal as well as political debates. We begin by briefly outlining the scope and nature of the dual dimension of global governance of health (GHG), arguing that the main challenge for contemporary GHG is to reestablish within the health policy framework the linkage between health care interventions and the underlying socioeconomic context. The understanding of the relationships between health and development as confirmed in the Tallin Charter on Health and Wealth adopted by all WHO (World health organization) European Member States in 2008 is the underpinning of the shift towards more horizontal and inclusive approaches (strategies such those of “The new European policy for health – Health 2020: Vision, values, main directions and approaches” of the Who Europe – 2011 – named “a whole-of-society approach” and “a whole-of-government approach”). In the second part of the paper, we explore recent inputs into the GHG discourse from a wide spectrum of actors, ranging from the WHO to nongovernmental organizations (NGOs). We suggest that in their varying hues, these actors have attempted to reintroduce the wider social concerns constitutive of a more integrated approach to health law, which would locate specific interventions within a broader project of socioeconomic transformations.

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