Public-Private Partnerships and Responsibility under International Law: A Global Health Perspective
Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within 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. While public-private partnerships may often prove 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. By analysing their legal status of global health under international law, Lisa Clarke asks whether public-private partnerships have legal personality, and should be subject to rules of responsibility under international law. The book explores responsibility for the acts of partnerships under international law both in terms of partnerships themselves and the partners and/or partnership hosts. The book also considers the possibility of holding global health public-private partnerships responsible in domestic legal systems, and evaluates immunities some partnerships possess from the jurisdiction of domestic courts in certain states.
This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.