Les partenariats public-privé dans le domaine de la santé : réflexions sur un nouveau mode d'exercice de l'autorité publique internationale

In: Annuaire français de droit international, Band 60, Heft 1, S. 655-684

Abstract

The inability of public and private actors, to on their own regulate health issues that have turned global, has generated institutional upheaval of unprecedented scale or equivalent. Without ousting the state and intergovernmental organizations (particularly the WHO), it is public-private partnerships that seem to demonstrate a new exercise of international public authority. These partnerships are more accurately seen as a new arrangement of the shared exercise of public authority based on the gradual institutionalization of the " living forces" of the global healthcare field. Without being a model or a fad, these partnerships are based on a hybridization of their structure as well as of their activities which undermines the principles and concepts upon which the law of international organizations was forged. Finally, since their composition and means of action blur the line between the public and the private as much as that between the national and international legal orders, these partnerships reflect an institutionalization of global more than of international relations.