全球公共卫生治理的规范碰撞与变迁——以世界卫生组织与TRIPS协议为例

Normative Collision and Transition of Global Public Health Governance——Takeing the WHO and TRIPS Agreement as an Example

由于制度重叠,全球公共卫生治理领域的规范碰撞现象日渐显著,突发性公共卫生危机加剧了规范碰撞的强度。本文以建构主义范式中的规范为理论基点,通过梳理建构主义视角下规范的建构、传播、碰撞以及变迁过程,发现世界卫生组织与《与贸易有关的知识产权协议》在贫困国家民众的药品可及性问题上存在明显的规范碰撞现象,致使公共卫生治理领域的规范更加偏重贸易利益。研究认为,全球公共卫生治理领域的规范出现了进步,已经开始由利益至上向生命至上方向转变,这种转变在几次流行性传染病危机的推动下呈加速趋势。

Due to the overlapping institutions,the normative collision in the field of global public health governance has become increasingly prominent,and the sudden public health crisis has intensified the intensity of the normative collision.Taking the norms in the constructivism paradigm as the theoretical basis,by combining the construction,dissemination,collision and change process of norms from the perspective of constructivism,and taking the WHO and TRIPS Agreement as an example,it is found that there are obvious normative collision phenomena between the WHO and TRIPS Agreement in the field of global public health governance,mainly reflected in the accessibility of medicines for people in poor countries.This collision has made norms in the field of public health governance more weighted towards trade interests.However,the norms in the field of global public health governance have made progress,and have begun to change from the interest first to the life first direction,and this change is accelerating under the promotion of several pandemic infectious disease crises.