Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» (Aug 2021)

FORMATION OF THE INTERNATIONAL LEGAL FRAMEWORK FOR SANITARY AND EPIDEMIOLOGICAL SECURITY IN THE SECOND HALF OF THE XIX - THE BEGINNING OF THE XX CENTURY

  • Alexander Нavrylenko,
  • Tetyana Syroid

DOI
https://doi.org/10.26565/2075-1834-2021-31-14
Journal volume & issue
no. 31
pp. 99 – 107

Abstract

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The article is devoted to the historical and legal review of the problems of the genesis of the international legal framework for ensuring sanitary and epidemiological safety in the second half of the XIX – early XX centuries. Attention is drawn to the fact that initially the states independently, separately from each other established for themselves a system of anti-epidemic measures. Subsequently, an important step towards ensuring collective epidemiological security was the establishment of dialogue between neighboring countries, primarily to prevent the possibility of transmission of the virus across borders, as well as to coordinate the efforts of governments to stop and eradicate the disease. Relevant provisions were enshrined in many bilateral agreements of the XIX – early XX centuries. It was noted that over time, the governments of the then leading countries realized that bilateral agreements between border countries alone were not sufficient to establish a legal basis for international epidemiological security and that effective results could only be achieved through the joint efforts of at least all leading European countries. In view of this, from the middle of the XIX century. Envoys from different countries began to gather at international conferences, which invited not only politicians and diplomats, but also medical professionals – hygienists and epidemiologists, who analyzed the situation and made proposals for a common strategy to combat disease. A review of monuments of international law, first of all, authentic texts of conventions, as well as literature on the formation of international legal bases for sanitary and epidemiological safety, allowed the authors to conclude that during the second half of the XIX – early XX centuries a broad foundation was laid for the international response to the epidemics of plague, cholera, yellow fever and other dangerous diseases, which at that time posed a significant threat to a huge number of people. The measures enshrined in bilateral and multilateral treaties have played a leading role in saving the lives and health of people around the world. By preventing the export and import of dangerous diseases in the conditions of the minimum possible interference in international transport and trade relations, they were to ensure anti-epidemic protection of national borders. In addition, the adopted convention norms of international law after their ratification were implemented into national legislation, relied on the basis of domestic legal acts.

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