Nonbinding Legal Instruments in Governance for Global Health: Lessons from the Global AIDS Reporting Mechanism

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
A L TaylorKent Buse

Abstract

Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination of the Global AIDS Reporting Mechanism reveals that the choice of the nonbinding format makes an important contribution to its effectiveness. For instance, the flexibility and adaptability of the nonbinding format have allowed the global community to: (1) undertake commitments in a timely manner; (2) adapt and experiment in the face of a dynamic pandemic; and (3) grant civil society an unparalleled role in monitoring and reporting on state implementation of global commitments. UNAIDS' institutional support has also played a vital role in ensuring the continuing effectiveness of the Global AIDS Reporting Mechanism. Overall, the experience of the Global AIDS Repo...Continue Reading

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Citations

May 15, 2015·International Journal of Gynaecology and Obstetrics : the Official Organ of the International Federation of Gynaecology and Obstetrics·Dadong WuKent Buse
Apr 16, 2016·The Lancet Global Health·Kent BuseShiba Phurailatpam
May 12, 2016·The Milbank Quarterly·Lawrence O Gostin, Rebecca Katz
Aug 17, 2016·PLoS Medicine·Jonathan JayAgnes Binagwaho
Jul 13, 2019·Obesity Reviews : an Official Journal of the International Association for the Study of Obesity·David PattersonBrigit Toebes
Dec 5, 2017·Global Health Research and Policy·Yohannes Teka MazeingiaYadeta Dessie
Apr 30, 2019·Obesity Reviews : an Official Journal of the International Association for the Study of Obesity·Vivica I KraakGary Sacks
Dec 17, 2015·Bulletin of the World Health Organization·Steven J HoffmanJohn-Arne Røttingen
Apr 25, 2018·Infectious Diseases·Ponnu PadiyaraMarc Sprenger
Jan 14, 2017·AIDS and Behavior·Mary Ann TorresTobias Alfvén

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