Malichenko V.S. —
International legal means of protecting human rights in health emergencies
// International Law and International Organizations. – 2024. – ¹ 2.
– P. 1 - 11.
DOI: 10.7256/2454-0633.2024.2.70608
URL: https://en.e-notabene.ru/mpmag/article_70608.html
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Abstract: The subject of the study is international legal norms, documents of international organizations (of a recommendatory and binding nature), as well as acts of domestic law establishing guarantees for ensuring the human right to health and the right to use the results of scientific progress, as well as forming international legal mechanisms for the protection of intellectual property and technology transfer. The object of the study is public relations arising from the interaction of various subjects of international relations in the framework of countering emergencies in the field of health protection and ensuring equitable access to healthcare technologies in all regions of the world, regardless of the level of development of the pharmaceutical industry. The purpose of the study is to develop proposals for the introduction of international legal means aimed at ensuring the human right to health in the framework of achieving a balance of public and private legal guarantees of access to healthcare technologies. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative-legal, historical-legal and formal-legal. The past decades have been accompanied by rapid rates of emergency situations in the field of public health, which have demonstrated systemic problems in the organization of medical care in each State, as well as revealing imperfections in international legal regulation of the field of health protection. Healthcare technologies, which determine the effectiveness of countering any large-scale threat of an infectious and non-infectious nature, in the vast majority of cases are developed by non-State actors, the main purpose of whose activities is legitimately to make a profit. At the same time, the obligation to ensure the right to the highest attainable standard of health and access to health technologies rests with the State, which forms stable barriers to ensuring a balance of public and private legal guarantees in the field of health protection.
The paper presents a list of the main problems of international legal response to emergencies of international importance. The article consistently reveals the main international legal means of ensuring the transfer of healthcare technologies. The authors have formulated a number of practical recommendations aimed at expanding access to healthcare technologies.
Malichenko V.S. —
Ensuring the right to use the results of scientific progress in the context of the formation of new threats to human security and the problem of the circulation of dual-use technologies
// International Law. – 2024. – ¹ 1.
– P. 39 - 50.
DOI: 10.25136/2644-5514.2024.1.70676
URL: https://en.e-notabene.ru/wl/article_70676.html
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Abstract: The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that establish guarantees for ensuring the human right to use the results of scientific progress, as well as forming international legal mechanisms for the transfer of scientific knowledge and health technologies that can be used for military operations, as well as the implementation of terrorist and other illegal activity. The object of the study is public relations arising from the interaction of various subjects of international relations within the framework of the development of international legal mechanisms, as well as the adoption of documents defining the procedure for access to dual-use healthcare technologies. The purpose of the study is to develop proposals for the formation of international legal mechanisms aimed at ensuring a balance of public law guarantees for the realization of the human right to use the results of scientific progress and priorities in the field of human and state security. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative legal, historical legal and formal legal. Technological advances are a fundamental condition for ensuring health protection, social assistance, as well as countering natural and intentional emergencies. However, a number of technologies (genomic editing, artificial intelligence, etc.) can be used to carry out acts of terrorism or conduct military activities. The introduction of international legal means aimed at increasing access to scientific knowledge or health technologies can lead to their uncontrolled use, forming a new threat to human and State security. The paper presents an analysis of international legal guarantees of ensuring the human right to health, as well as a systematized list of healthcare technologies with the possibility of dual-use. The article presents a list of international legal means to ensure control over the circulation of dual-use healthcare technologies. The authors have formulated a number of practical recommendations aimed at determining the regulatory content of the right to use the results of scientific progress in the context of modern challenges of technological development.
Malichenko V.S., Gadzhieva A.O. —
Access to healthcare technologies in the context of sanctions and unilateral restrictive measures.
// International Law and International Organizations. – 2023. – ¹ 3.
– P. 27 - 41.
DOI: 10.7256/2454-0633.2023.3.43606
URL: https://en.e-notabene.ru/mpmag/article_43606.html
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Abstract: The object of the study is public relations arising from the interaction of international intergovernmental organizations, government agencies, transnational corporations and non-state actors in the framework of ensuring human access to health technologies in the context of unilateral restrictive measures and sanctions. The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that form guarantees of ensuring the human right to the highest attainable level of health and access to healthcare technologies. The purpose of the study is to conduct a comprehensive analysis of the practical significance of the application of international legal and domestic mechanisms aimed at minimizing the humanitarian consequences of sanctions and unilateral restrictive measures and expanding access to vital health technologies. The methodology of the study is based on the general scientific method of cognition, including the formal logical and situational method and private law methods, such as comparative, historical and formal legal methods. The article presents an analysis of the importance of health technologies in achieving international goals in the field of development and human health protection, as well as priorities in the implementation of national health strategies. The theoretical aspects of access to healthcare technologies in the context of unilateral restrictive measures are consistently considered as an important element of ensuring international guarantees of human rights protection. The authors present the differences in the normative content of the concepts of "sanctions" and "unilateral restrictive measures" in accordance with international law, as well as a legal assessment of the legitimacy of their application. The article systematizes the consequences of the application of unilateral restrictive measures on the availability of healthcare technologies in various regions of the world, as well as the practice of applying the norms of international and domestic law to overcome them.
Malichenko V.S. —
Convergence of legal regulation of circulation of healthcare technologies in international law
// Legal Studies. – 2022. – ¹ 5.
– P. 23 - 33.
DOI: 10.25136/2409-7136.2022.5.38064
URL: https://en.e-notabene.ru/lr/article_38064.html
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Abstract: The subject of the research is the legal regulation of public relations in the process of circulation of healthcare technologies. The purpose of the research is to analyze the features of convergence of legal regulation of the circulation of healthcare technologies in order to develop theoretical and practical proposals to counter modern challenges and threats in this area. The article is prepared using general scientific methods of cognition, including formal-logical and situational, and private-legal methods, such as comparative-legal, historical-legal and formal-legal. The novelty of the research lies in revelation of legal convergence in the system of international law as an important mechanism for the formation of access to safe, high-quality and effective technologies for healthcare and human security. The article summarizes the main threats in the sphere of circulation of healthcare technologies that require the introduction of uniform regulatory standards. The author analyzes the features of the harmonization and integration on the example of the activities of regional integration associations in order to form recommendations for the development of legal regulation of the circulation of healthcare technologies within the common market of the EAEU countries. The novelty of the article lies in the systematic consideration of legal convergence in the system of international law as an important mechanism for the formation of access to safe, high-quality and effective healthcare technologies and ensuring human safety. Justifying the lack of a systematic approach to the convergence of international legal regulation of the circulation of healthcare technologies, the author suggests considering the possibility of preparing a normative legal act of a universal nature in this area, by analogy with codifying conventions in other branches of international law. The author analyzes the features of the harmonization and integration on the example of the activities of regional integration associations in order to form recommendations for the development of legal regulation of the circulation of healthcare technologies within the framework of the common market of the EAEU countries