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All Journal International Law Discourse in Southeast Asia International Law Discourse in Southeast Asia
Saraswati, Dhanny
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Liberalization of the Health Sector and Fulfillment of the Right to Health: How does international law respond to this condition? Saraswati, Dhanny; Zulfa, Zaeda
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32377

Abstract

The liberalization of the health sector has become a contentious issue, raising questions about its impact on the fulfillment of the right to health. This paper explores the dynamics between health sector liberalization and the realization of the right to health within the framework of international law. It examines the principles and obligations enshrined in international human rights instruments, trade agreements, and other relevant legal frameworks concerning health and trade. Through a comprehensive review of case studies and legal analyses, the paper evaluates how international law addresses the challenges posed by health sector liberalization and seeks to safeguard the right to health. Additionally, it considers the role of international organizations, such as the World Health Organization (WHO) and the World Trade Organization (WTO), in balancing trade liberalization objectives with public health imperatives. The analysis highlights the tensions and synergies between economic interests and health rights, offering insights into potential strategies for reconciling these competing priorities. By elucidating the evolving landscape of international legal responses, this paper contributes to the ongoing discourse on achieving equitable access to healthcare while promoting global economic integration.
Liberalization of the Health Sector and Fulfillment of the Right to Health: How does international law respond to this condition? Saraswati, Dhanny; Zulfa, Zaeda
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.58372

Abstract

The liberalization of the health sector has become a contentious issue, raising questions about its impact on the fulfillment of the right to health. This paper explores the dynamics between health sector liberalization and the realization of the right to health within the framework of international law. It examines the principles and obligations enshrined in international human rights instruments, trade agreements, and other relevant legal frameworks concerning health and trade. Through a comprehensive review of case studies and legal analyses, the paper evaluates how international law addresses the challenges posed by health sector liberalization and seeks to safeguard the right to health. Additionally, it considers the role of international organizations, such as the World Health Organization (WHO) and the World Trade Organization (WTO), in balancing trade liberalization objectives with public health imperatives. The analysis highlights the tensions and synergies between economic interests and health rights, offering insights into potential strategies for reconciling these competing priorities. By elucidating the evolving landscape of international legal responses, this paper contributes to the ongoing discourse on achieving equitable access to healthcare while promoting global economic integration.
International Committee of Red Cross versus International Red Crescent: The Recent Practices as Subject International Law Arifin, Ridwan; Zulfa, Zaeda; Saraswati, Dhanny
International Law Discourse in Southeast Asia Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.58375

Abstract

The International Red Cross has different characteristics so that in its development, this organization is accepted as one of the subjects of international law. However, the International Red Cross has limitations in the subject of law. International treaties such as the 1949 Red Cross Conventions provide certain rights and obligations. The rights and obligations are given by the convention indirectly to individuals through the country that is a participant in the convention. Through such construction, many individual circumstances or events that are subject to international law based on a convention can be returned to the countries that are participants in such a convention, namely the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and The European Convention on Human Rights. This study analyzes recent developments regarding the International Red Cross as a subject of international law. This study also analyzes the position of the International Red Crescent as one of the subjects of international law in practice.
Co-Authors Ridwan Arifin Zulfa, Zaeda