Public-private partnerships and responsibility under international law: a global health perspective
In: Routledge research in international law
"Partnerships between the public and private sectors are an increasingly accepted and preferred method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations, representing the public sector and companies, non-governmental organizations, research institutes and philanthropic foundations representing the private sector have formed in order to treat and prevent diseases in the developing world. These partnerships are managing activities that are normally regarded as in the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases or improving health infrastructure within certain states to better manage the growing risk of disease. Through the work of these partnerships a shift is taking place which moves some regulation of global health matters out of the hands of states and international organizations into the hands of public-private partnerships. While these partnerships may often be successful questions remain as to their international legal responsibility and accountability. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of global health public-private partnerships under international law is analysed in order to determine whether or not these partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. Responsibility for the acts of partnerships under international law is explored both in terms of partnerships themselves and to the partners and/or hosts of partnerships. The book also considers the possibility of holding global health public-private partnerships responsible in domestic legal systems and the immunity these partnerships have from the jurisdiction of domestic courts in certain states.This book will be of interest to students and scholars researching in the areas of international law, global governance, global health and international organizations. "--