1 00:00:06,190 --> 00:00:12,940 First. Thank you very much, Julie, and thank you to the Oxford Martin School for hosting this talk and inviting me to be here and of course, 2 00:00:12,940 --> 00:00:20,889 for all of you for joining. So when talking about global legal epidemiology, this is something that we've been developing, colleagues and I, 3 00:00:20,890 --> 00:00:24,370 at the Global Strategy Lab for quite some time when talking about it, 4 00:00:25,600 --> 00:00:30,250 it's important to note from beginning what we are talking about, but also what we're not talking about. 5 00:00:30,790 --> 00:00:37,149 And I'm particularly pleased to present this today because it's the first time we've really publicly been talking about this. 6 00:00:37,150 --> 00:00:42,370 So I look forward to discussing with you afterwards. So global epidemiology. 7 00:00:42,370 --> 00:00:45,610 So what what is it? So first, I should say we're right up front. 8 00:00:45,700 --> 00:00:47,890 I didn't invent the term epidemiology. 9 00:00:48,070 --> 00:00:56,170 Long standing, disciplined, studying patterns of health and disease, using systematic methods and the causes of health and disease. 10 00:00:56,560 --> 00:01:01,450 I also didn't invent the term global legal entity and also invent the term legal epidemiology. 11 00:01:01,780 --> 00:01:10,569 So a few years ago, Scott Harris and colleagues wrote about the need to bring a systematic study for the deployment of law 12 00:01:10,570 --> 00:01:16,510 as a factor in the cause and distribution and the prevention of disease and injury in a population. 13 00:01:16,870 --> 00:01:24,759 So this idea of applying rigorous scientific methods in order to understand law as a cause or a factor 14 00:01:24,760 --> 00:01:30,460 in the cause of the distribution of health patterns is an idea that's been increasingly out there, 15 00:01:30,880 --> 00:01:33,550 and this is something that's come from various traditions. 16 00:01:33,640 --> 00:01:38,710 Criminologists have long focussed on what kind of criminal law policies have different impacts. 17 00:01:39,250 --> 00:01:47,080 Environmental scholars have focussed on what environmental legal policies would drive, let's say, reductions in carbon emissions. 18 00:01:47,500 --> 00:01:52,450 So it's not a new thing. But I think what's important to say is there's at least three intellectual 19 00:01:52,450 --> 00:01:57,280 moves that come by merging these two ideas together of legal and epidemiology. 20 00:01:57,880 --> 00:02:01,480 The first is that the focus is on law as intervention. 21 00:02:02,050 --> 00:02:09,880 So law not just as as a rule, but as an intervention into a society to change the rules of that society. 22 00:02:10,600 --> 00:02:19,210 The second move is around thinking of law as an object of study, not just what the law is, but what impact the law has on society. 23 00:02:19,780 --> 00:02:23,379 And the third is about law as achieving particular impacts. 24 00:02:23,380 --> 00:02:30,190 So having a normative affects of trying to actually do something and seeing whether it has those impacts individually. 25 00:02:30,190 --> 00:02:31,720 These aren't crazy ideas. 26 00:02:32,350 --> 00:02:39,160 They're being brought together and they've been they've been really inspiring a whole series of additional scientific studies, 27 00:02:39,430 --> 00:02:43,150 figuring out how do we use law to solve social challenges. 28 00:02:43,990 --> 00:02:51,840 And so my concept as an international lawyer and someone who's deeply caring about global health as my sort of sandbox in which I work, 29 00:02:52,300 --> 00:03:01,030 then it's less about legal epidemiology and its domestic context, but instead global legal epidemiology and a global concept. 30 00:03:01,450 --> 00:03:08,229 So in that in this respect, what we've been doing is we've been trying to conceptualise international law as a global population 31 00:03:08,230 --> 00:03:13,720 intervention that's actually independent of the domestic implementation of international law. 32 00:03:14,080 --> 00:03:19,750 And by that, what I mean is we've been thinking of international law as something that changes the world, 33 00:03:20,500 --> 00:03:27,610 irrespective of whether that that change is incorporated into domestic legal systems. 34 00:03:27,940 --> 00:03:29,040 So the thinking is law. 35 00:03:29,050 --> 00:03:37,810 International law actually makes worldwide changes, whether or not a country decides to sign up for the law or not, whether they ratify a law or not. 36 00:03:38,530 --> 00:03:41,800 And so what that allows is a whole different sort of way to study it. 37 00:03:42,190 --> 00:03:45,280 So whereas many political scientists, some of whom might be in the room, 38 00:03:45,550 --> 00:03:54,100 would be really interested to be asking questions like what impact does international law have on state behaviour, right? 39 00:03:54,100 --> 00:03:59,860 So how, how might states change their behaviour if there's an in the presence of an international law or not. 40 00:04:00,280 --> 00:04:09,160 That's not the question here. The question here would be when and how does international law, whether or not it's ratified by an individual country, 41 00:04:09,880 --> 00:04:14,380 when and how does it that international law produce real world outcomes for people? 42 00:04:15,340 --> 00:04:18,730 So it's really about it's a very pragmatic, it's an applied lens, 43 00:04:19,090 --> 00:04:25,210 one that's building on a tradition of both understanding patterns and causes of health and disease, 44 00:04:25,600 --> 00:04:33,190 but also then using systematic and scientific tools to try to tease that out in order to inform future interventions. 45 00:04:33,610 --> 00:04:35,019 And so the goal, in other words, 46 00:04:35,020 --> 00:04:44,230 would be how do we bring a scientific approach to bear on how we use global governance and legal mechanisms in order to solve real world challenges? 47 00:04:45,700 --> 00:04:48,580 And so today, during this lecture, I'm going to do four things. 48 00:04:49,090 --> 00:04:56,400 The first is I'll provide a very brief introduction to international law and specifically international health law, 49 00:04:56,410 --> 00:05:03,820 given that's the area in which I work. Very quickly from there, what I'll do is I'll move to three different areas where I think we need. 50 00:05:03,920 --> 00:05:09,410 To advance in order to further develop this emerging field of global legal epidemiology. 51 00:05:09,890 --> 00:05:14,930 And the first to share right up front is that in order to develop this as a field, 52 00:05:14,930 --> 00:05:21,620 we need to actually bring together the various kinds of studies that have already happened that can be part of this field. 53 00:05:21,620 --> 00:05:28,100 So there's many studies out there that have looked at what impacts internationals have on different outcomes. 54 00:05:28,610 --> 00:05:35,570 The key, though, is we need to bring it together in order to better yield the insights that that body of literature can offer. 55 00:05:35,780 --> 00:05:41,419 And so we're starting to do that. The second is I want to talk method and I want to talk about the kinds of rigorous 56 00:05:41,420 --> 00:05:45,800 methods we need to evaluate treaties and other types of legal agreements. 57 00:05:46,400 --> 00:05:51,320 And what I'll bring forward an example that we've been doing at our lab around evaluating and 58 00:05:51,320 --> 00:05:56,450 using quasi experimental approaches to study whether laws have effects on the national space. 59 00:05:57,050 --> 00:06:03,200 And the third is ideally, after looking sort of at past research and then a shining example of some current research. 60 00:06:03,560 --> 00:06:12,080 Ideally, I can I'm going to point you towards one example where we've been trying to apply some of these insights in order to design future treaties, 61 00:06:12,080 --> 00:06:19,640 in order to make them more effective. And for that, I'll bring your example of antimicrobial resistance, which is a global collective action problem, 62 00:06:19,850 --> 00:06:23,150 which we believe is in need of global collective action solutions. 63 00:06:23,510 --> 00:06:29,750 And I'll try to highlight at that time what kind of insights we've been learning from this field of global legal epidemiology. 64 00:06:30,080 --> 00:06:37,850 So that can be brought to bear on how we could design a future international legal framework around antimicrobial resistance. 65 00:06:39,320 --> 00:06:44,059 So going first to the brief introduction. So what is global health law in this case? 66 00:06:44,060 --> 00:06:48,500 So it's really it's international law related to global health issues. 67 00:06:49,220 --> 00:06:54,630 Now, international law is a set of rules that mainly govern the conduct of countries. 68 00:06:54,650 --> 00:07:00,620 So usually it's national governments, but they can also govern the conduct of individuals in some particular circumstances. 69 00:07:01,640 --> 00:07:06,440 Now, the key with these international laws is we often break them up into reports and think of normative 70 00:07:06,440 --> 00:07:12,680 instruments as either being hard instruments legally binding or soft instruments not legally binding. 71 00:07:13,130 --> 00:07:17,540 But actually when you look at when you read treaty texts and other legal instruments, 72 00:07:17,900 --> 00:07:23,390 what you see there is that there's some provisions that are legally binding and others that are not. 73 00:07:23,450 --> 00:07:28,580 So some, for example, call upon countries hopefully to maybe do things if they can possibly. 74 00:07:29,630 --> 00:07:36,440 Other other provisions are clear requirements imposed on countries or in some cases, individuals. 75 00:07:36,890 --> 00:07:44,090 And so there it's important that what this means is that global health law is a set of normative rules that are, 76 00:07:44,090 --> 00:07:47,210 in some cases, legally binding requirements. 77 00:07:47,570 --> 00:07:52,880 In other cases, importantly, can also include non legally binding recommendations, 78 00:07:53,360 --> 00:08:00,140 all of which create norms and governance and rules upon which actors expectations can converge. 79 00:08:00,830 --> 00:08:08,210 And often, international law or global health law included, will often feature central institutions such as the World Health Organisation, 80 00:08:08,300 --> 00:08:13,580 a UN specialised agency that would then create those norms, mobilise resources and guide collaboration. 81 00:08:15,170 --> 00:08:22,760 Just to highlight some examples. When we think of prominent global health laws, here are just four that come to mind. 82 00:08:22,760 --> 00:08:29,810 So one is the constitution of the World Health Organisation that created that institution as a legal entity. 83 00:08:30,290 --> 00:08:37,760 The second would be the International Health Regulations. This is the international law that governs how countries respond to pandemic outbreaks. 84 00:08:38,390 --> 00:08:42,050 And the third example, which will come up quite prominently later in this talk, 85 00:08:42,440 --> 00:08:50,030 is the WTO Framework Convention on Tobacco Control, which is a treaty geared towards reducing the global consumption of tobacco. 86 00:08:50,990 --> 00:08:58,490 A fourth example not often thought of as a global health law, but specifically there's a right to health in the International Covenant on Economic, 87 00:08:58,490 --> 00:09:03,020 Social and Cultural Rights, which I think forms an important part of this global health law landscape. 88 00:09:04,700 --> 00:09:10,430 But it's not just for laws, actually, if you sort of bring together a list, here's, 89 00:09:10,550 --> 00:09:13,880 I guess, one of the best lists that I could be that we could bring together. 90 00:09:15,410 --> 00:09:23,059 It goes back to 1892, the International Sanitary Convention, many revisions of that convention, 91 00:09:23,060 --> 00:09:30,020 which ultimately ended up as the international health regulations. But in here, you also have, for example, the Biological Weapons Convention. 92 00:09:30,230 --> 00:09:34,880 We don't usually think of that as a global health, as a global health law, and that's okay. 93 00:09:35,150 --> 00:09:41,850 But certainly there's important global health implications. But it's that one or two chemical weapons and many other agreements. 94 00:09:41,870 --> 00:09:47,150 The most recent one we can think of as the UN Convention on the Rights of Persons with Disabilities, 95 00:09:47,420 --> 00:09:55,610 or even more recent than that, the M.I.T. Convention on Mercury. But when thinking about global health law, international law more broadly, 96 00:09:55,610 --> 00:10:00,800 we shouldn't only think of past laws, of which there's many that we could choose. 97 00:10:01,400 --> 00:10:08,070 I also want to point to the fact that we often. Think of international law as a potential solution to different challenges. 98 00:10:08,640 --> 00:10:17,190 So for example, often what we see is that if there's a global problem, we see people calling for international law to solve that problem. 99 00:10:17,970 --> 00:10:26,340 And what it ends up with is maybe many calls and a difficult decision making process to figure out which to pursue, which not to pursue. 100 00:10:27,300 --> 00:10:34,200 For example, here's a commentary in Nature Journal calling for a framework convention on alcohol control. 101 00:10:34,920 --> 00:10:39,810 Another one, a commentary in the Lancet medical journal calling for a framework convention on obesity control. 102 00:10:40,620 --> 00:10:44,220 A blog asking Should we propose a global nutrition treaty? 103 00:10:44,850 --> 00:10:50,340 Another comments in nature calling for a global treaty on non-communicable diseases. 104 00:10:51,150 --> 00:10:55,980 Calling for a treaty on health care. Corruption. Another one on fighting fake drugs. 105 00:10:56,220 --> 00:11:01,650 Another one on a research and development treaty. A Framework Convention on Global Health broadly. 106 00:11:02,040 --> 00:11:07,740 Another one on having a framework convention to require countries to have mandatory impact evaluations. 107 00:11:07,980 --> 00:11:16,470 So we can learn from each other. Also in The Lancet. And the most recent call being a call for a global treaty on the rights of elder individuals. 108 00:11:18,090 --> 00:11:27,360 All of this is great. Love the ideas. But what it leads to is a pretty chaotic space where we need to then figure out which 109 00:11:27,360 --> 00:11:34,260 proposals are actually deserving or would be helped by international law and which would not. 110 00:11:34,770 --> 00:11:39,330 And without having a very clear sense of that, without bringing a scientific approach to that. 111 00:11:39,990 --> 00:11:46,559 What ends up being is we have a situation where we have this certain golden hammer and we're trying to hit different problems. 112 00:11:46,560 --> 00:11:50,520 And it leads to quite a confused landscape. Not good. 113 00:11:51,930 --> 00:12:01,110 Now, one of the early things that I did working with colleagues is we tried to define what would be a priority criteria that we could use to 114 00:12:01,110 --> 00:12:10,230 sift through some of these proposals and think about which might be particularly deserving of international attention and which ones not. 115 00:12:10,650 --> 00:12:11,610 Or at least some sort. 116 00:12:11,610 --> 00:12:20,040 In the absence of a clear scientific information around whether a treaty would achieve the impact that its proposers think it will have. 117 00:12:20,400 --> 00:12:27,120 Are there criteria that would allow us to think through? This will likely have an impact and maybe likely not. 118 00:12:27,810 --> 00:12:31,020 And so the best that we could come up with was something that looks like this, 119 00:12:31,020 --> 00:12:37,400 where it's really what drives it is and it's longer than just two criteria, but it's to summarise it, 120 00:12:37,410 --> 00:12:42,780 I can point to these two aspects, which is that the best we could do is okay, 121 00:12:42,810 --> 00:12:48,660 we should maybe consider using international law when there's a significant transnational dimension. 122 00:12:49,140 --> 00:12:56,730 So what that means is that you have a risk or a cause that involves multiple states and actually transcends their 123 00:12:56,730 --> 00:13:03,690 national boundaries such that any one individual state is not its the problem is not contained within that state. 124 00:13:03,690 --> 00:13:09,810 They can't tackle the problem by themselves. But that's not enough in our criteria. 125 00:13:09,820 --> 00:13:18,150 What we had thought of was that you also need to be able to achieve something impossible with international law that you couldn't do without it. 126 00:13:18,630 --> 00:13:23,280 And the reason for that is recognising that there's major costs and using international law. 127 00:13:24,510 --> 00:13:30,210 And so what would be something that we could achieve sometimes with international law that you can't achieve elsewhere? 128 00:13:30,240 --> 00:13:34,799 Well, it would have to be something you'd have to be a law that addresses a multilateral 129 00:13:34,800 --> 00:13:38,310 challenge that cannot practically be addressed by any one state alone. 130 00:13:38,760 --> 00:13:46,110 Or it could be something that's resolving a collective action problem where benefits are only accrued if multiple states coordinate. 131 00:13:46,890 --> 00:13:53,820 Or alternatively, it could be something that's advancing a super ordinate norm that embodies humanity and near universal values. 132 00:13:54,000 --> 00:13:59,370 That was our that was the best we could do a few years ago and trying to think through what such a criterion would look like. 133 00:14:00,450 --> 00:14:04,470 Another approach, though, would be to think of it in terms of costs and benefits. 134 00:14:05,400 --> 00:14:09,209 And here's a very simplistic way of thinking about this, 135 00:14:09,210 --> 00:14:16,560 but it's clear that there are some benefits for treaties and other international legal mechanisms, a clear expression of commitments. 136 00:14:16,980 --> 00:14:19,200 It's part of an established legal system, 137 00:14:19,590 --> 00:14:25,800 and it is one of the strongest ways in which countries can make commitments to each other and bind themselves to things. 138 00:14:27,240 --> 00:14:28,410 There's some big costs, though, 139 00:14:28,530 --> 00:14:36,510 and such that I think it's a very open question as to whether we would want to use this mechanism or not in the absence of more information. 140 00:14:36,750 --> 00:14:40,770 So, for example, there's some clear costs that this is a lengthy process. 141 00:14:41,020 --> 00:14:48,059 Right. It's not so fast to negotiate a treaty. It's also there's some diminishing political feasibility by that. 142 00:14:48,060 --> 00:14:51,330 What I mean is these aren't always so politically attractive. 143 00:14:51,780 --> 00:14:55,920 And third, there is a limiting this is there is some limiting effects on states. 144 00:14:56,250 --> 00:15:03,000 So it's not always and it's it's putting some limitations on states that they might not otherwise like. 145 00:15:03,390 --> 00:15:05,480 And. In my mind, what would tip the balance? 146 00:15:05,480 --> 00:15:12,590 What we need to tip the balance from costs to benefits would be whether treaties are actually delivering results. 147 00:15:13,190 --> 00:15:24,040 For me, that's what that's what we do it. Now in that context, I think the good news is we're not actually starting from scratch. 148 00:15:24,490 --> 00:15:32,200 So while the itself this idea, this this field of global legal epidemiology, or at least that term is quite new. 149 00:15:32,920 --> 00:15:36,070 The good news is we have the shoulders of intellectual giants to stand on. 150 00:15:36,280 --> 00:15:41,320 And the way we can do that is, as I said, is for the first of the three things I'm going to do during this lecture, 151 00:15:41,620 --> 00:15:47,889 which is about we need to synthesise what we need to find and then synthesise existing research that 152 00:15:47,890 --> 00:15:53,950 is beginning to tease out when can international laws have effects and when don't they have effects? 153 00:15:54,730 --> 00:16:05,200 And so to do that, our first go at this was a study that brought together 90 existing quantitative impact evaluations of various kinds of treaties. 154 00:16:05,830 --> 00:16:11,799 And what this attempted to do was bring out those studies that had evaluated various treaties, 155 00:16:11,800 --> 00:16:19,150 whether they're environmental treaties, trade treaties, human rights treaties, financial treaties. 156 00:16:19,420 --> 00:16:28,270 We tried to get a sense of did those studies find that the treaties had the effects that the proposers of the treaties had wanted to achieve? 157 00:16:28,720 --> 00:16:37,570 So, for example, if there is a trade treaty that international law on trade, did it actually promote more trade, 158 00:16:37,570 --> 00:16:42,400 which is usually what those who signed trade agreements are trying to achieve, increase the amount of trade. 159 00:16:43,000 --> 00:16:47,440 And what we found was a surprisingly or not surprisingly mixed picture. 160 00:16:48,040 --> 00:16:55,059 So in this slide, what you'll see is this is the number of studies that found whether the treaties that 161 00:16:55,060 --> 00:16:59,380 were being evaluated had the effect that the progenitors of those treaties wanted. 162 00:16:59,410 --> 00:17:04,870 So the green indicates the number of studies of the 90 that found that, for example, 163 00:17:05,140 --> 00:17:09,010 international financial law increased financial flows between countries. 164 00:17:09,580 --> 00:17:14,650 The yellow is the number of studies that showed either no effect or mixed results. 165 00:17:15,280 --> 00:17:23,170 And what was most surprising and what motivated a lot of further inquiry is the red, because the red are all the number of studies, 166 00:17:23,530 --> 00:17:27,939 the number of quantitative impact evaluations that we found out of the 90 that showed 167 00:17:27,940 --> 00:17:34,870 that actually these treaties sometimes had the opposite effect as to what was intended. 168 00:17:35,410 --> 00:17:37,880 So, for example, on the human rights side, though, 169 00:17:38,020 --> 00:17:42,759 there's quite a bit of red there in the sense and a lot of the theory behind that is that sometimes international 170 00:17:42,760 --> 00:17:49,090 human rights treaties might be giving cover to those governments that actually don't want to act on human rights. 171 00:17:49,450 --> 00:17:52,630 But by enacting an international human rights treaty, 172 00:17:52,870 --> 00:17:57,820 it gives them the cover and buys them time before doing something before a population demands change. 173 00:17:58,150 --> 00:18:04,540 That's really what some of the read is like, but that's not expected by the people proposing an international human rights treaty. 174 00:18:05,950 --> 00:18:10,750 Now, this is this figure is showing by type of international law. 175 00:18:11,080 --> 00:18:13,510 What if instead we look at by type of outcome. 176 00:18:13,870 --> 00:18:18,400 So there is this question of, okay, maybe different types of treaties are having different kinds of effects, 177 00:18:18,940 --> 00:18:23,559 but what about are there maybe some kinds of outcomes that treaties seem to be able 178 00:18:23,560 --> 00:18:27,850 to produce and other kinds of outcomes the treaties don't seem to be able to produce. 179 00:18:28,330 --> 00:18:32,590 And so when we divided up those 90 studies by different kinds of outcomes, 180 00:18:32,590 --> 00:18:43,540 what we consistently found were that treaties were able to increase trade and increase foreign investments and pro finance policies. 181 00:18:44,020 --> 00:18:51,040 What treaties were less successful doing, or at least what we saw less of in these quantitative impact evaluations, 182 00:18:51,490 --> 00:18:55,930 were treaties affecting social policies, social rights and health. 183 00:18:56,560 --> 00:18:59,350 And in fact, the thing that as someone who's worried about global health, 184 00:18:59,710 --> 00:19:05,170 the thing that worried me the most was that we're out of these 90 quantitative impact evaluations that we found, 185 00:19:05,560 --> 00:19:12,250 not a single one found an association between an international treaty and improved health outcomes. 186 00:19:13,030 --> 00:19:16,899 So obviously what that does is it raises some big questions in one's mind, 187 00:19:16,900 --> 00:19:21,549 or it should raise questions in one's mind as to do we want to use international law to 188 00:19:21,550 --> 00:19:26,710 solve these challenges and do we want to use it to solve social and health challenges? 189 00:19:27,220 --> 00:19:29,560 And if we do, we should be pretty purposeful about that. 190 00:19:30,820 --> 00:19:39,490 So as a follow on to this, the next stage is to do a full systematic review for those who aren't from a health or medical medicine background. 191 00:19:39,760 --> 00:19:45,010 Systematic reviews are really it's an attempt to be apply a transparent, 192 00:19:45,640 --> 00:19:51,820 systematic process to gathering a whole field of literature that's responding to a very particular question. 193 00:19:52,270 --> 00:19:56,770 And so we're in the process of doing this for at the very end where we found more than 200 studies. 194 00:19:57,130 --> 00:20:04,750 So actually the first the first study that I showed you with the figures that was based on 90 quantitative impact evaluations, we found over 200. 195 00:20:05,090 --> 00:20:07,450 And we're now in the final process of bringing those together. 196 00:20:08,020 --> 00:20:13,090 And so what we're doing there is to just to clarify, as these would be because we've done a systematic search, 197 00:20:13,330 --> 00:20:17,229 we've searched ten different electronic databases, we've done everything in duplicate. 198 00:20:17,230 --> 00:20:22,220 So. Few people have screened the titles and abstracts to make sure could they be relevant. 199 00:20:22,550 --> 00:20:29,180 And then two people reviewed the full text, and there was a whole process to extract information in a way that could be usable. 200 00:20:29,480 --> 00:20:34,940 We did it focussed narrowly on this question, which is summarised in these four bullet points. 201 00:20:35,360 --> 00:20:43,280 So first we're focussed on looking at the impact of international law on health and its various social determinants, 202 00:20:43,280 --> 00:20:46,280 which we're recognising that everything influences health. 203 00:20:46,280 --> 00:20:49,850 We included basically everything, any real outcome of people. 204 00:20:50,510 --> 00:20:56,680 We looked at their impact on countries and within countries and we were looking for some kind of comparison. 205 00:20:56,690 --> 00:21:04,310 Sometimes the study was looking at before and after. Other times they were looking at an alternative group, a comparative comparison group, 206 00:21:05,750 --> 00:21:09,550 and this is what the what a screening flowchart looks like when you're taking this approach. 207 00:21:09,560 --> 00:21:16,370 The top right hand box listing out all the databases we searched in, the number of records we identified in those databases. 208 00:21:16,640 --> 00:21:22,640 When we use our search string, we had different stages of reviewing title an abstract to see. 209 00:21:22,910 --> 00:21:28,790 Could this record that we found, could it possibly contain an impact evaluation of international law? 210 00:21:29,330 --> 00:21:32,809 And then finally and towards the end, reviewing the full text. 211 00:21:32,810 --> 00:21:41,629 So we we read 452 full texts in duplicate for people to see whether it could possibly contain an impact 212 00:21:41,630 --> 00:21:47,990 evaluation and the benefits of taking this kind of scientific approach to answering this kind of question, 213 00:21:47,990 --> 00:21:55,790 which we haven't yet answered, is that it? First, it provides a rigorous, systematic methodology to establish a baseline knowledge of the field. 214 00:21:56,180 --> 00:21:56,419 Right. 215 00:21:56,420 --> 00:22:03,920 Imagine we could reproduce this systematic review and do it again in a few years to see how many more studies have been published during that time. 216 00:22:04,160 --> 00:22:11,000 And you can track a field's progression in that way. Second is, once we use meta analysis, a meta regression analysis, 217 00:22:11,360 --> 00:22:21,890 we should be able to pool the results of those over 200 studies to hone in on what overall, what is the average effect of an international law. 218 00:22:22,340 --> 00:22:28,700 And using meta regression analysis, we should be able to identify what factors influence whether one study showed it had an 219 00:22:28,700 --> 00:22:32,900 effect versus those other studies that found international law did not have effect. 220 00:22:33,350 --> 00:22:43,070 So it's really trying to use fairly systematic methodological approaches to tease out effects and do what an individual study couldn't do. 221 00:22:44,300 --> 00:22:50,720 And third, we think it's helpful for informing future decisions by identifying what types of international laws are most likely to produce. 222 00:22:50,930 --> 00:22:53,270 What kind of effects? Under what kind of circumstances? 223 00:22:56,970 --> 00:23:03,180 Having talked about the six hour systematic approach to synthesising existing literature from the past, 224 00:23:04,290 --> 00:23:11,760 let me tell you about one study that we're doing that's currently focussed on evaluating it of current international law. 225 00:23:12,540 --> 00:23:19,170 And I say that because right up France, after we did the after we brought together the various studies for a systematic review, 226 00:23:19,530 --> 00:23:27,030 we recognise that there are lots of studies out there that are trying to identify associations between international law and different outcomes. 227 00:23:27,630 --> 00:23:29,850 But there's very few studies. 228 00:23:29,850 --> 00:23:39,690 In fact, we only really found one study that used quasi experimental methods to evaluate whether international law has had any impacts. 229 00:23:40,290 --> 00:23:47,580 Now, before I talk about quasi experimental methods, I think some people might think, well, let's do a randomised controlled trial, right? 230 00:23:47,610 --> 00:23:53,640 Because randomised controlled trials often called the gold standard as a way to tease out whether something has effects or not. 231 00:23:54,420 --> 00:24:00,540 And so I think in this context you'll probably agree that not only is it possible, so in this case, 232 00:24:00,540 --> 00:24:04,620 imagine we live in a world where we could actually here in this lecture room, 233 00:24:04,860 --> 00:24:09,240 we could decide which countries are going to get in international law and which ones are not. 234 00:24:09,420 --> 00:24:14,400 And we randomised that that treatment. And so in a world where we had that power, 235 00:24:14,790 --> 00:24:22,290 what we could do is we could then say okay because it was randomly decided which countries get a treaty and which ones don't. 236 00:24:22,770 --> 00:24:30,810 We could look at the average effects in the two countries compared and the difference we could attribute to the presence of international law or not. 237 00:24:31,350 --> 00:24:38,280 Now, that sounds not only kind of crazy, but actually it's not even a good method in this case because as I as I explained at the beginning, 238 00:24:38,580 --> 00:24:43,770 we're conceptualising international law as actually having global population impacts. 239 00:24:44,160 --> 00:24:50,640 Right? So we're seeing international law as something that doesn't just affect the countries that have chosen to ratify it, 240 00:24:50,940 --> 00:24:56,310 but it's actually affecting the world. And it's most easy to think of that in the context of equilibrium effects. 241 00:24:56,670 --> 00:25:02,910 So for example, if you have the impacts of a treaty in one place, if you have a treaty in some countries, 242 00:25:03,390 --> 00:25:09,690 the new technologies that it develops or the new norms that follow would necessarily influence or not. 243 00:25:09,690 --> 00:25:14,040 I said it would probably influence other countries, particularly those surrounding it, 244 00:25:14,280 --> 00:25:21,510 or those that have strong historical relationships or trade relationships with that country that is being influenced by that international law. 245 00:25:22,020 --> 00:25:28,560 So it's a type of network effect. So in that respect a randomised controlled trial wouldn't actually be that great. 246 00:25:28,890 --> 00:25:35,610 Even if we could randomise which countries get an international law, which ones don't because it wouldn't account for the spill-over effects. 247 00:25:36,660 --> 00:25:40,050 Whereas quasi experimental methods can do so. 248 00:25:40,320 --> 00:25:46,890 And basically what a quasi experimental method is, is that you're using an alternative approach to create a control group. 249 00:25:47,250 --> 00:25:55,290 So instead of using randomisation and assigning subjects or in this case countries to a particular treatment, 250 00:25:55,680 --> 00:25:59,550 we're trying to construct a counterfactual using a different method. 251 00:25:59,850 --> 00:26:05,220 And there's many different approaches within quasi experimental methods, and there's many of which to choose from, 252 00:26:05,580 --> 00:26:12,899 and which then makes it even more surprising why we haven't been using these kind of really rigorous approaches to evaluate 253 00:26:12,900 --> 00:26:21,030 whether international laws have had effects and instead have really stayed with just looking at sort of basic associations, 254 00:26:21,840 --> 00:26:24,720 which I think is an opportunity for improvement. 255 00:26:26,400 --> 00:26:33,420 Now the first, when we're talking about trying to sort of up the game of this field, it makes sense to focus in on an example. 256 00:26:33,420 --> 00:26:38,790 And so the one that we've really focussed in on and trying to use is a bit of a pioneering example, 257 00:26:39,030 --> 00:26:48,140 is focusing on the framework convention on Tobacco Control. Now there's a few reasons why this is a great place to push forward this whole field. 258 00:26:48,660 --> 00:26:55,890 The first is that this framework convention, so it's a treaty that was adopted through the Assembly of the World Health Organisation. 259 00:26:56,310 --> 00:27:00,120 This treaty has a very clear outcome of interest. 260 00:27:00,570 --> 00:27:07,380 It is there's no doubt that the Framework Convention on Tobacco Control is trying to reduce tobacco consumption. 261 00:27:07,860 --> 00:27:15,540 So there's a clear independent variable that we can look at. Whereas by contrast, human rights treaties, yes, they're trying to promote human rights, 262 00:27:15,990 --> 00:27:22,260 but it's harder to measure exactly what is human rights and in its various important contexts. 263 00:27:22,770 --> 00:27:27,450 So there's actually a lot of work to try to find indicators in that space. But with tobacco, it's quite easy, right? 264 00:27:27,450 --> 00:27:29,610 It's how much tobacco is consumed in the world. 265 00:27:30,720 --> 00:27:36,000 The second reason why it makes so much sense to focus on this one is because it's gotten a lot of attention, 266 00:27:36,330 --> 00:27:43,020 particularly in global health circles, for being an example of a treaty that's had a major impact. 267 00:27:43,680 --> 00:27:50,190 And so one quote that I often point to is this one from a former director general of the World Health Organisation, 268 00:27:50,460 --> 00:27:55,440 Margaret Chan, who said in a speech, quote, without question, the. 269 00:27:55,820 --> 00:28:03,450 A Framework Convention on tobacco control is the most powerful tool we have as an international community to reduce the global disease burden. 270 00:28:05,690 --> 00:28:08,750 It's quite a strong quote. It's quite a strong statement, 271 00:28:09,110 --> 00:28:17,030 but it's one that I think does reflect the majority view or at least reflects the view of many people in the global health community. 272 00:28:17,930 --> 00:28:19,159 So if we're going to study a treaty, 273 00:28:19,160 --> 00:28:28,790 it makes sense to study one that has universal support and for which we can see whether it actually whether the impact has matched the rhetoric. 274 00:28:29,450 --> 00:28:34,820 And just to clarify, of course, I think the contents of a treaty like this is extremely important. 275 00:28:35,240 --> 00:28:40,660 And, of course, we need to do everything we can to reduce tobacco consumption, give visits the number of. 276 00:28:40,670 --> 00:28:44,840 It's one of the number one. It's one of the most prominent risk factors that's leading to disease. 277 00:28:45,890 --> 00:28:47,719 But the question is whether the tool, 278 00:28:47,720 --> 00:28:54,770 whether the international law tool was an effective mechanism in order to promote proven tobacco control policies. 279 00:28:55,070 --> 00:28:58,940 So, for example, we know that tobacco taxes reduce consumption. 280 00:28:59,330 --> 00:29:03,860 We know we need the world and countries around the world to increase tobacco taxes, 281 00:29:04,310 --> 00:29:10,520 especially those countries where economies are growing and lifestyle or wages are going up. 282 00:29:10,670 --> 00:29:16,970 We need tobacco taxes to keep pace, if not exceed the pace of the growth of affordability of tobacco products. 283 00:29:17,300 --> 00:29:20,240 That's clear. The question that we're asking is, 284 00:29:20,540 --> 00:29:32,299 did having a framework convention on tobacco control accelerate that the adoption of tobacco taxes or warning labels or smoke free workplaces, 285 00:29:32,300 --> 00:29:35,750 those sorts of policies? That's the question. Which financer? 286 00:29:37,160 --> 00:29:45,380 So when looking at the facts, say this is a treaty that's been adopted, it's actually been ratified or acceded to by 181 countries. 287 00:29:45,710 --> 00:29:48,140 So quite a lot of countries are part of this treaty. 288 00:29:48,590 --> 00:29:54,570 And yet, up until this point, 13 years later, there's still no quasi experimental study of its effect. 289 00:29:54,590 --> 00:29:57,770 Like basically nearly every international law. 290 00:29:58,790 --> 00:30:05,510 So again, we're not fully finished. But what I can show you is here's what global tobacco consumption looks like. 291 00:30:05,840 --> 00:30:10,580 It's a small figure, but what I would focus on is just the black line, the horizontal black line. 292 00:30:10,910 --> 00:30:19,160 And what you see that that that's the global trend for its cigarette consumption per capita from 1970 to the present. 293 00:30:19,670 --> 00:30:22,670 What you'll see there, though, when you contrast it to the dotted line, 294 00:30:22,670 --> 00:30:27,050 which is the year at which the Framework Convention on Tobacco Control was adopted. 295 00:30:27,560 --> 00:30:32,570 What you'll see there is that if you would imagine that if that treaty had an effect, 296 00:30:33,230 --> 00:30:40,220 even visually, you as audience would be able to see a discontinuity in that trend line. 297 00:30:40,460 --> 00:30:48,770 So, for example, if there is an immediate effect, you would see a jump, ideally a jump down in the consumption levels that are seen globally. 298 00:30:49,610 --> 00:30:53,149 If it had the opposite effect, you'd see an immediate opposite effect. 299 00:30:53,150 --> 00:31:02,360 You'd see a jump up. And if you saw a slow, a small impact, but slowly over time, what you'd expect to see is a discontinuity in the trend. 300 00:31:02,930 --> 00:31:08,360 So you would see there that that's the black line of this was having a global effect would 301 00:31:08,360 --> 00:31:14,179 ideally trend down so the slope would go downwards or if it had the opposite effect, 302 00:31:14,180 --> 00:31:21,980 the slope would go upwards. And so what you see here, though, when when thinking it, when looking for discontinuity, is that you don't see one. 303 00:31:22,790 --> 00:31:28,640 And in fact, if anything, you sort of see it maybe curve a little up. 304 00:31:29,330 --> 00:31:32,480 And so we did bring statistical methods to bear on this. 305 00:31:32,780 --> 00:31:36,830 And what you're seeing here is a sneak peek at our results. When we did an event model, 306 00:31:37,220 --> 00:31:47,600 where what we did is we constructed a post 2003 counterfactual by using associations for various variables with tobacco exception before 2003. 307 00:31:47,720 --> 00:31:55,880 And then when we modelled it out as a comparison, we actually found that based on all available data we had before 2003, 308 00:31:56,150 --> 00:32:01,380 we would have predicted that tobacco consumption would be lower today than it is. 309 00:32:02,030 --> 00:32:07,090 And so what you see there is the grey line of the two that are not dotted. 310 00:32:07,100 --> 00:32:15,860 So the grey solid line, that's what we would have predicted based on relationships between tobacco consumption and things like GDP, 311 00:32:16,520 --> 00:32:20,450 education, gender equity in various countries around the world. 312 00:32:21,140 --> 00:32:29,180 Projecting those variables going forward beyond 23, we would have seen, we would have predicted the grey solid line. 313 00:32:29,570 --> 00:32:36,680 In reality, we see the black solid line and we've done this as part of the study that hopefully will be out very soon. 314 00:32:36,860 --> 00:32:41,629 We've done all sorts of robustness checks about looking at maybe there'd be a delayed effect. 315 00:32:41,630 --> 00:32:45,830 Maybe, and maybe it is one country driving the results, looking at different regions. 316 00:32:46,130 --> 00:32:48,560 And so it's it's been quite an interesting project, 317 00:32:48,890 --> 00:32:55,700 but one that because we took the scientific approach and tried to use epidemiologic methods to tease out an effect, 318 00:32:56,210 --> 00:33:02,030 hopefully what it does is it allows us to drill down to that question of is this treaty having an effect? 319 00:33:02,330 --> 00:33:05,730 And if so, in what places? In what? Context. 320 00:33:06,030 --> 00:33:11,670 And ideally, from there, it starts to generate the science of treaties as social tools. 321 00:33:12,780 --> 00:33:17,490 Now, in terms of the implications of this, it's not just a matter of figuring out whether it works. 322 00:33:18,090 --> 00:33:26,670 Another key point that we learned in this process was that both data and certainly, unfortunately, existing data was not. 323 00:33:27,120 --> 00:33:31,410 We couldn't use it in order to conduct a quasi experimental impact evaluation. 324 00:33:31,860 --> 00:33:39,569 Some of the leading data on tobacco, which is provided by the Institute for Health Metrics and Evaluation based in Seattle, what they do, 325 00:33:39,570 --> 00:33:45,120 they often they are generating their data using variables and they are smoothing out 326 00:33:45,120 --> 00:33:50,790 their data often because it's imputed from in context where there's missing data. 327 00:33:51,090 --> 00:34:00,600 And so that's great data to be able to have come up with an estimate for how many people are consuming tobacco or how much tobacco is being consumed. 328 00:34:01,110 --> 00:34:07,040 But because it's generated through it's created through a particular process and model process, 329 00:34:07,410 --> 00:34:12,060 what it means is that you can't take advantage of of trying to find discontinuities in the data. 330 00:34:12,510 --> 00:34:14,520 So our approach that we showed before, 331 00:34:14,760 --> 00:34:21,390 it was all about trying to identify when we know there are sudden changes in the data or when is there a change in slope. 332 00:34:21,870 --> 00:34:23,280 That's what we did in our previous study. 333 00:34:23,580 --> 00:34:29,790 You can't do that when the data is actually created, assuming there wouldn't be any of those discontinuities. 334 00:34:30,270 --> 00:34:33,690 So in that respect, it's just we couldn't we couldn't use that data. 335 00:34:33,690 --> 00:34:37,800 So we had spent an enormous amount of energy trying to bring this data together. 336 00:34:38,670 --> 00:34:41,880 How great would it be if part of the Framework Convention on Tobacco Control, 337 00:34:42,210 --> 00:34:49,020 each country was required to report how much tobacco was consumed in that country, whether it would be such great data? 338 00:34:49,050 --> 00:34:55,860 That's another question. But I think data is and is something we need to have contained in treaties or other mechanisms. 339 00:34:56,460 --> 00:35:01,530 And then, of course, there's we also learned this is a great need to further study some of these trends and causes. 340 00:35:02,280 --> 00:35:07,589 It's a challenge. Has this treaty had effects? So in terms of methods, 341 00:35:07,590 --> 00:35:16,530 I think what this shows in many cases in this case is that more rigorous methods allow us to evaluate whether international laws can have results. 342 00:35:16,980 --> 00:35:22,260 And if they don't have results, I think it leads to next questions of why not. 343 00:35:23,520 --> 00:35:28,080 Again, I don't think we should necessarily question whether this treaty was good or bad. 344 00:35:28,440 --> 00:35:32,040 I think overall it's clear that what it's trying to promote is very good. 345 00:35:32,310 --> 00:35:37,630 So a reduction in tobacco consumption and the kinds of policies that it's promoting within the treaty. 346 00:35:37,650 --> 00:35:42,660 Again, no doubt they're very good and they're proven in many contexts to work. 347 00:35:43,860 --> 00:35:47,100 But what we have to ask is what's the best delivery mechanism for this? 348 00:35:47,610 --> 00:35:55,680 And the key in my mind is that because we know that international law can have some very important effects in some contexts, 349 00:35:56,160 --> 00:36:03,870 I think it's it behoves us to then reserve international law mechanisms for those contexts when it can work. 350 00:36:04,260 --> 00:36:08,700 Because I'm definitely a believer in international law. I am an international lawyer, after all. 351 00:36:09,510 --> 00:36:17,310 But I think what we need to do is then think through very carefully when we use that that golden hammer, because it's actually not so golden. 352 00:36:17,760 --> 00:36:25,860 If there's some costs involved and if we always point to it as our tool, it diminishes our argument for using it when it's really needed. 353 00:36:26,730 --> 00:36:30,720 And so in that, what I'm going to do is I'm going to use this third and last part of this lecture, 354 00:36:31,020 --> 00:36:37,739 which is all about how do we use this knowledge that we're gaining about international law as a social intervention, 355 00:36:37,740 --> 00:36:39,960 as a health intervention on the world? 356 00:36:40,230 --> 00:36:47,850 How do we use that knowledge in order to design a future treaty, a future international legal agreement on a topic of great concern? 357 00:36:48,540 --> 00:36:50,249 And so I think just right up front, 358 00:36:50,250 --> 00:36:59,460 some emerging lessons are not so out of line with what has been generated through theoretical traditions with Earth, through theory. 359 00:36:59,940 --> 00:37:07,560 So specifically, some of what we've identified in some of our earlier work was that when designing an international legal mechanism, 360 00:37:07,830 --> 00:37:11,370 there are some factors that are more important than probably other factors. 361 00:37:11,700 --> 00:37:19,980 If your goal is to have effects. So in terms of less important factors, it seems, although we're still working to confirm these sorts of conclusions, 362 00:37:20,520 --> 00:37:27,030 it seems that what's less important is empowering individuals to bring claims against 363 00:37:27,030 --> 00:37:31,050 governments are holding them responsible as individuals vis a vis the states. 364 00:37:31,680 --> 00:37:37,080 Less important, it seems to be about addressing a global challenge that requires urgent action. 365 00:37:37,290 --> 00:37:44,759 By that, what I mean is simply the nature of the problem. Just because it's an important problem doesn't mean that we're going to see 366 00:37:44,760 --> 00:37:48,180 that the international laws to address that problem are going to have effects. 367 00:37:48,570 --> 00:37:57,350 And also just simply being about promoting a certain ideal or a certain norm living in an ethical world is not enough. 368 00:37:57,420 --> 00:38:04,800 Doing good is not enough for the goal of doing good. So it seems like potentially more important factors are instead of incentives. 369 00:38:04,880 --> 00:38:11,780 So, for example, providing immediate benefits to states and governing elites so that actions align with their short term interests. 370 00:38:12,200 --> 00:38:18,680 Second would be creating institutions that create mechanisms that over time are promoting compliance, 371 00:38:18,980 --> 00:38:22,740 dispute resolution, accountability and third interests. 372 00:38:22,760 --> 00:38:30,590 So aligning what needs to happen with powerful interest groups who can advocate for the full implementation of these international legal mechanisms. 373 00:38:32,180 --> 00:38:36,620 This shouldn't be so surprising. So, in fact, many people in the room are probably saying, yeah, that makes sense. 374 00:38:36,860 --> 00:38:43,880 And in fact, it very much aligns with quite a few different theoretical frameworks around how international law can have effects. 375 00:38:44,870 --> 00:38:51,049 Here's just ten examples of different ideas that have been put forward in the literature that 376 00:38:51,050 --> 00:38:56,150 have been very helpful around identifying how could treaties possibly have real world outcomes. 377 00:38:56,660 --> 00:39:02,900 And from here, so just to go through them very briefly. But international laws can help set agendas. 378 00:39:03,200 --> 00:39:11,450 They can provide powerful legal language that people can use to claim results or claim judicial or judicial intervention. 379 00:39:11,870 --> 00:39:17,690 International laws can have provisions that either incentivise certain behaviours, disincentivize certain behaviours. 380 00:39:18,050 --> 00:39:27,140 They can provide a focal point for social mobilisation. They can legitimate certain groups concerns when previously maybe they weren't legitimated. 381 00:39:27,620 --> 00:39:31,070 They can serve as a rallying point for networks of expertise. 382 00:39:31,610 --> 00:39:35,840 They can serve a matter of it's also the power of the process. 383 00:39:36,230 --> 00:39:42,890 So even if you forget the treaty itself, that results. Think of how potentially powerful that negotiating process is, 384 00:39:43,280 --> 00:39:49,730 where countries are sharing ideas and bringing attention and temps in this list of ten examples. 385 00:39:50,540 --> 00:39:57,200 Public awareness. So maybe the public is more aware of a certain issue if it's the subject of international treaty. 386 00:39:59,570 --> 00:40:06,320 Now, when thinking of these sort of lesson, I wanted to know take some time and apply it to the issue that I've been grappled 387 00:40:06,320 --> 00:40:09,380 with for the last few years and working with colleagues around the world, 388 00:40:09,980 --> 00:40:20,810 including colleagues here, which is that problem of superbugs and unfortunately, superbugs are not as cuddly as Bugs Bunny over here. 389 00:40:21,590 --> 00:40:28,999 Rather quite terrifying. And what makes them terrifying in my mind is that really what we're talking about is a natural 390 00:40:29,000 --> 00:40:36,469 evolutionary process whereby microbes are slowly developing resistance to the antimicrobials, 391 00:40:36,470 --> 00:40:40,670 the drugs that we've long depended upon to kill them when we get sick. 392 00:40:41,210 --> 00:40:48,260 So what's happening is over time, as we've we've been using and abusing antimicrobial drugs. 393 00:40:48,650 --> 00:40:57,080 What happens is that it mites. It provides a breeding ground for those microbes that happen to have some resistance to the drugs. 394 00:40:57,470 --> 00:41:05,000 It gets them to multiply. And then those become the most dominant forms of those bacteria viruses, fungi, parasites. 395 00:41:05,330 --> 00:41:10,610 And as a result, what means over time is slowly. The drugs that we've been depending on are no longer working. 396 00:41:11,000 --> 00:41:14,480 And so we are in a bit of a chess game with microbes here. 397 00:41:14,540 --> 00:41:18,440 That's one analogy you can use. And unfortunately, we're not winning. 398 00:41:19,280 --> 00:41:25,760 I mean, this is a problem that we've known about ever since Fleming found penicillin. 399 00:41:26,240 --> 00:41:29,870 And this is a problem that is not going away. 400 00:41:29,870 --> 00:41:32,419 It's only accelerated. And in the last 30 years, 401 00:41:32,420 --> 00:41:38,900 there really just hasn't been new antibiotics or new classes of antibiotics in order to come to this sort of war that we see. 402 00:41:39,050 --> 00:41:40,520 And so we need new approaches. 403 00:41:42,250 --> 00:41:49,219 And the key why I'm going to be talking about this in the context of global legal epidemiology is that this is a challenge. 404 00:41:49,220 --> 00:41:57,170 This challenge of antimicrobial resistance is one that, yes, the underlying biological mechanism is one that's always going to happen. 405 00:41:57,780 --> 00:42:04,220 But what makes it a human challenge and a human health challenge is the way that we're using these medicines and abusing them. 406 00:42:04,790 --> 00:42:10,580 So on the left finger, you'll see that it's really just showing that the more antibiotics we use, the faster they stop working. 407 00:42:11,150 --> 00:42:15,670 So it's showing by countries on the on the X axis, 408 00:42:15,680 --> 00:42:22,280 it's the daily antibiotic use per 1000 people within countries modelled onto the percentage 409 00:42:22,280 --> 00:42:26,210 of pneumonia causing bacteria within that country that are resistant to antibiotics. 410 00:42:26,570 --> 00:42:30,530 And so it's a clear association in those countries that use more antibiotics. 411 00:42:30,770 --> 00:42:39,470 There's more resistance. The second is that this would be okay if all those antibiotics and other antimicrobials were being used for good purposes. 412 00:42:39,680 --> 00:42:42,620 If they actually were saving lives, I wouldn't be so worried. 413 00:42:43,490 --> 00:42:50,240 The challenge is that a lot of our use of antimicrobials is actually not effective and only then causes harm. 414 00:42:50,750 --> 00:42:57,740 So, for example, there's a study in the U.S. where they looked at the people who went into their doctor's office with a sore throat. 415 00:42:58,460 --> 00:43:04,610 And what they knew is that about one in every ten people so 10% of people who have a sore throat, that sore throat is. 416 00:43:04,810 --> 00:43:09,160 Caused by a bacterial infection. Usually it's a viral infection or not. 417 00:43:09,700 --> 00:43:14,830 And so if you have a bacterial infection, maybe taking an antibiotic could work. 418 00:43:15,340 --> 00:43:19,750 But if you have a virus, you're not going to be helped by taking something that kills bacteria. 419 00:43:20,260 --> 00:43:27,850 And yet what they found is that of the 10% or 10% of people went in probably with a bacterial infection, 420 00:43:27,850 --> 00:43:32,230 but 60% of people walked out with a prescription for an antibiotic. 421 00:43:33,430 --> 00:43:43,180 What that means is that at the very least, 50% of Americans who walked into their doctor's office with a sore throat inappropriately came out 422 00:43:43,180 --> 00:43:47,110 of that same doctor's office with a prescription for something that's not going to help them. 423 00:43:47,440 --> 00:43:53,410 And that's only going to harm society because it contributes to the resistance that develops in microbes. 424 00:43:54,640 --> 00:43:59,560 Unfortunately, this problem is not just in humans, it's also within animals. 425 00:43:59,590 --> 00:44:05,770 And in fact, 80% of antibiotics are estimated to be used on the farm, not in humans, 426 00:44:06,250 --> 00:44:10,480 although from a human health perspective, it's not that 80% of the problem is on the farm. 427 00:44:10,870 --> 00:44:15,820 Most of human, mostly human health aspects are caused by human consumption. 428 00:44:16,150 --> 00:44:20,350 But the problem is a one health problem in need of a one health solution. 429 00:44:20,920 --> 00:44:25,750 And the stakes are quite high. So this is something that some people often don't talk about. 430 00:44:26,200 --> 00:44:33,700 But 700,000 people are dying every year. And a study that was commissioned by the UK government, led by Jim O'Neill, 431 00:44:33,850 --> 00:44:39,940 showed that by 2050 it's estimated that 10 million people per year will die from antimicrobial resistance. 432 00:44:40,150 --> 00:44:45,400 If we don't do anything. And so that would be more than cancer. This is a problem we often don't label. 433 00:44:45,400 --> 00:44:50,740 It's antimicrobial resistance. But this is something that's killing a lot of people and will kill even more. 434 00:44:51,850 --> 00:44:59,680 But how does this all relate to global legal epidemiology? Well, the reason is that if we're trying to find legal tools to solve legal challenges, 435 00:45:00,010 --> 00:45:07,360 it's important to recognise what kind of problems could possibly be beneficial, be benefited by these kind of legal approaches. 436 00:45:07,810 --> 00:45:12,730 And so in this case, it's what's really important is to note that antimicrobial resistance is one of 437 00:45:12,730 --> 00:45:16,840 those challenges for which there hasn't been sufficient level of global action. 438 00:45:17,110 --> 00:45:21,610 And there's some particular reasons for that which maybe international law can help with. 439 00:45:22,090 --> 00:45:29,170 The first is that there's no silver bullet solution. There's no one quick fix that can resolve this and explain that more in a second. 440 00:45:29,710 --> 00:45:37,090 The second is that there's some global market failures. Specifically, we actually under provide some of these medicines for people around the world. 441 00:45:37,450 --> 00:45:40,510 We over provide for others and there's insufficient innovation. 442 00:45:41,020 --> 00:45:45,760 And third, there's some global governance gaps, which is really classic collective action problems. 443 00:45:46,930 --> 00:45:51,740 So to go into that in just slightly more detail, when I mentioned there's no silver bullet solution. 444 00:45:52,120 --> 00:45:57,880 What I the reason for that is because there isn't actually just one problem associated with antimicrobial resistance. 445 00:45:58,270 --> 00:46:05,110 There's actually at least three problems. One is that we need to provide access for the millions of people without antimicrobials. 446 00:46:05,740 --> 00:46:12,760 Think of those who who don't have access to such medicines. Two is we need to conserve the effectiveness of existing drugs. 447 00:46:13,300 --> 00:46:16,480 And third, we need innovation towards creating new antimicrobials. 448 00:46:17,320 --> 00:46:22,180 And it's not even that easy, because actually these are interlocking problems. 449 00:46:22,180 --> 00:46:24,640 So we can't address one without addressing the other. 450 00:46:25,090 --> 00:46:31,690 So more specifically, we can't address access without conservation and innovation because it would actually speed up resistance. 451 00:46:32,140 --> 00:46:38,140 Right. So imagine we we live in a world where we provided access to everybody on every street corner to these medicines. 452 00:46:38,440 --> 00:46:43,900 It would actually speed up resistance because it would increase inappropriate use of conservation. 453 00:46:44,110 --> 00:46:51,190 It constrains access by definition. And then it would undermine innovation because it creates a smaller market for the sale of these products. 454 00:46:51,850 --> 00:46:55,000 And third, innovation without access would be unjust. 455 00:46:55,600 --> 00:46:58,210 And innovation without conservation is wasteful. 456 00:46:58,540 --> 00:47:04,089 So imagine we spent billions of dollars coming up with a new antibiotic, and then within a couple of years, 457 00:47:04,090 --> 00:47:09,640 it's no longer working because we've abused it in terms of the global market failure. 458 00:47:10,480 --> 00:47:14,440 I'm just going to point to a couple of game theoretic problems that are in this space. 459 00:47:14,860 --> 00:47:17,110 So, for example, when it comes to conservation, 460 00:47:17,110 --> 00:47:24,670 we see a classic global commons dilemma whereby we have a common pool of effectiveness of antimicrobials. 461 00:47:25,030 --> 00:47:29,290 And each country might be individually incentivised to draw upon that pool of 462 00:47:29,290 --> 00:47:34,540 effectiveness and insufficiently incentivised to manage that common pool resource. 463 00:47:34,960 --> 00:47:39,910 It's exactly like what we see with climate change also when it comes to innovation. 464 00:47:39,910 --> 00:47:48,160 As a second example, there is a free rider problem. So why would countries invest in developing new antibiotics or new antivirals when 465 00:47:48,160 --> 00:47:51,970 they can just wait for another country to make that investment and reap the rewards? 466 00:47:52,780 --> 00:47:55,210 And so there's insufficient levels of investment as a result. 467 00:47:55,750 --> 00:48:01,329 And third, just quickly on global governance gaps, we see that there's actually are there actually in this case, 468 00:48:01,330 --> 00:48:04,120 are a lot of actors doing a lot of different things? 469 00:48:04,730 --> 00:48:12,200 What we see is insufficient levels of coordination, insufficient levels of compliance, leadership and financing. 470 00:48:13,190 --> 00:48:18,259 And so, again, so how does global legal terminology fit in? Well, it seems, based on what I've described, 471 00:48:18,260 --> 00:48:24,410 that a natural step to address some of these challenges is actually through an international legal mechanism. 472 00:48:24,740 --> 00:48:32,510 And I say that as somebody who actually has been quite critical about using international legal tools to solve global challenges, 473 00:48:32,510 --> 00:48:39,860 particularly global health challenges. Yet when you think of the type of interlocking problem and when you think of the 474 00:48:39,860 --> 00:48:44,060 highly global governance space in which we're following a highly legalised space, 475 00:48:44,570 --> 00:48:50,150 it seems like this actually could be a solution that we should all be pursuing. 476 00:48:50,450 --> 00:48:57,079 And more specifically, I think it's whether here are just some key reasons why international law would be, I think, 477 00:48:57,080 --> 00:49:00,830 relevant is because there is such interdependence among countries, 478 00:49:01,250 --> 00:49:06,770 which means that we need all countries or most countries to act in order for any country to be safe. 479 00:49:07,490 --> 00:49:10,610 It's not just that we need action. We need interlocking action. 480 00:49:10,910 --> 00:49:18,140 And how do we do that? How do we get those interlocking actions unless it's through a coordinated mechanism? 481 00:49:18,680 --> 00:49:24,530 These actions are costly, which means we need we need to make sure that each party for them to invest. 482 00:49:24,800 --> 00:49:28,250 They need to know that other countries are going to invest, too, at the same time. 483 00:49:29,030 --> 00:49:34,520 And fourth, we need to be able to lock in commitments and disincentivize deviation. 484 00:49:34,850 --> 00:49:38,870 Because unfortunately, on this problem, most of the costs are short term. 485 00:49:39,200 --> 00:49:41,270 Most of the benefits are long term. 486 00:49:42,170 --> 00:49:49,790 And so from that perspective, it's clear that we, in my mind that we need a institutionalise grand bargain in order to make progress in this space. 487 00:49:50,450 --> 00:49:53,509 But the key then, is not just to have a grand bargain. 488 00:49:53,510 --> 00:49:56,930 We need then to make sure that such a grand bargain would actually work. 489 00:49:57,800 --> 00:50:04,100 That's where this whole thing comes into mind. And so on this issue, what we've been trying to do is learn from the past. 490 00:50:04,370 --> 00:50:10,280 We've been trying to learn from those existing studies that have looked at different international laws and trying to figure out, okay, 491 00:50:10,670 --> 00:50:16,640 how do we how do we make sure that if we are going to go into this space and use this precious tool of international law, 492 00:50:17,090 --> 00:50:20,630 how are we going to design it in a way to make sure it actually yields impact? 493 00:50:21,350 --> 00:50:26,900 And so the good news, again, is that there's lots of people talking in this space around what to do. 494 00:50:27,080 --> 00:50:29,389 So there's a lot of people who have published, for example, 495 00:50:29,390 --> 00:50:35,480 this paper that I was part of in The Lancet that focussed on what do countries have to do in order to conserve, 496 00:50:35,750 --> 00:50:42,200 promote access and innovation for antimicrobials? The challenge has been more around the implementation mechanisms. 497 00:50:42,530 --> 00:50:47,690 So what would a what would an international treaty on antimicrobial resistance actually look like? 498 00:50:47,960 --> 00:50:52,430 So if countries decided to come together and have an agreement, what kind of provisions would they put in? 499 00:50:52,760 --> 00:50:53,809 That's the question. 500 00:50:53,810 --> 00:51:02,360 That's where global legal epidemiology can can help, because it's drawing on that, taking that scientific approach to figuring out how to do it. 501 00:51:02,810 --> 00:51:09,530 And in fact, we've started it. So there's a one first goal that I do working with colleagues around the world 502 00:51:09,830 --> 00:51:12,980 was we brought together a special issue of the Journal of Medicine and Ethics, 503 00:51:13,220 --> 00:51:17,370 where we started to raise some of these issues. So what is the advance? 504 00:51:17,390 --> 00:51:21,890 What are some of the advantages of international law? What's an appropriate convening forum? 505 00:51:22,220 --> 00:51:28,640 Those sort of questions. But what hasn't been discussed and what desperately needs to be discussed is if we are going 506 00:51:28,640 --> 00:51:33,620 down this route and if the world does decide that international legal approach makes sense, 507 00:51:34,010 --> 00:51:37,430 we need to figure out exactly what what it would look like, what would be in it. 508 00:51:38,120 --> 00:51:44,030 And so I'm just throwing up here. Another list of ten, another top ten list on top ten list. 509 00:51:44,360 --> 00:51:49,700 But these are just ten examples of the kinds of things that we sometimes see in international 510 00:51:49,700 --> 00:51:55,760 legal agreements that would encourage them to maybe have effects versus not having effect. 511 00:51:56,240 --> 00:52:01,410 So these are implementation mechanisms. So one example would be a monitoring milestone. 512 00:52:01,430 --> 00:52:06,320 So imagine there's a very clear milestone that countries are supposed to achieve 513 00:52:06,620 --> 00:52:10,670 and there's monitoring of country progress towards achieving that milestone. 514 00:52:11,300 --> 00:52:20,000 Alternatively, there's mechanisms in a code of practice. You can create new institutions that coordinate activities like a UN inter-agency task force. 515 00:52:20,570 --> 00:52:27,440 You can have an Intergovernmental Panel on antimicrobial resistance that engages scientists like the IPCC from climate change. 516 00:52:27,890 --> 00:52:30,620 You can have funding agreements to give a global pooled fund. 517 00:52:31,150 --> 00:52:37,200 Controversially, I'm not promoting this, but you could condition benefits or supports an action. 518 00:52:37,250 --> 00:52:38,210 So for example, 519 00:52:38,750 --> 00:52:46,220 one thing you could imagine is that if if a country was going to invest in promoting access for advanced antibiotic in a particular country, 520 00:52:46,640 --> 00:52:55,940 maybe that country should simultaneously have a stewardship program to make sure that the negative externalities of that access program are minimised. 521 00:52:57,170 --> 00:53:04,490 You could create special representatives. You can have a high level panel, multi-stakeholder partnership, lots of different approaches. 522 00:53:04,720 --> 00:53:12,760 S oriented design features that could be included and which previous studies have pointed to have been important for them having impact. 523 00:53:15,100 --> 00:53:23,230 So just to summarise as a final slide, what I tried to do today is introduce this idea of global and legal epidemiology, 524 00:53:23,650 --> 00:53:29,830 bringing a scientific approach to bear on how we use these kind of mechanisms to effect real world change. 525 00:53:30,310 --> 00:53:35,140 And so what is part of this is building this field. We need to do at least three things. 526 00:53:35,470 --> 00:53:40,900 First, we need to be synthesising existing knowledge on what makes it international law effective. 527 00:53:41,410 --> 00:53:49,070 Second, we need to then up our game and use really rigorous approaches to evaluating those international laws. 528 00:53:49,090 --> 00:53:52,450 And so I talked about quasi experimental impact evaluation methods. 529 00:53:53,050 --> 00:53:59,709 And third, we need to then start using this growing body of knowledge in order to inform the design of 530 00:53:59,710 --> 00:54:04,330 future international instruments that can maximise our social outcomes that are desired. 531 00:54:04,900 --> 00:54:08,320 So with that, I look forward to a discussion with you. Thank you very much again. 532 00:54:15,720 --> 00:54:23,160 So we have a roving mike or questions I might ask you one then first of all, people for questions. 533 00:54:23,400 --> 00:54:30,990 So you mentioned this other great global collective action problem, carbon emissions, controlling carbon emissions. 534 00:54:31,000 --> 00:54:39,120 So, I mean, from what you said, it seemed to me that at least, at least for developed countries, antimicrobial resistance, 535 00:54:39,120 --> 00:54:46,050 a vastly greater threat to people's lives than climate change, at least for those people who are alive today. 536 00:54:46,800 --> 00:54:53,220 Yet billions, if not more, have been spent on carbon emissions and controlling them, 537 00:54:53,230 --> 00:54:57,600 and only a tiny, minuscule fraction of that has been spent on anti-microbial resistance. 538 00:54:57,680 --> 00:55:08,610 Why do you think that is, and what do you think you can learn from attempts to use various instruments to control carbon emissions? 539 00:55:09,600 --> 00:55:16,440 Yeah, so it's a it's a great question. I think it's interesting when you look at environmental challenges, 540 00:55:16,950 --> 00:55:22,980 there seems to be it seems to be quite common that the world has used international legal approaches to address them. 541 00:55:23,370 --> 00:55:28,160 So whenever there's whether it's air pollution, whether it's the oceans, whether it's mercury, 542 00:55:28,170 --> 00:55:35,490 mercury and the environment, we often see I that community, that regime going towards international legal mechanisms. 543 00:55:35,880 --> 00:55:41,550 You haven't seen the same thing in global health. And so in that respect, I mean, in that respect, 544 00:55:41,550 --> 00:55:48,630 it makes sense then that in climate change you would see a series of sequential series of treaties focussed on that issue and related issues, 545 00:55:48,900 --> 00:55:54,270 whereas in health we haven't seen that approach as much. We have lots to learn in terms of funding. 546 00:55:54,690 --> 00:56:00,630 It's a good question except that actually when you talk to an environmental a global environmental governance scholar, 547 00:56:00,900 --> 00:56:07,470 they actually often get jealous of the health field where because the health field has lots of global funds and different alliances, 548 00:56:07,740 --> 00:56:10,590 where there has been actually a lot of funding on global health, 549 00:56:10,920 --> 00:56:15,630 there's been I guess there's the perception that there's actually been less on global environmental governance. 550 00:56:15,720 --> 00:56:22,110 But your points are good when I don't have a good answer around why we've seen so much attention on one and not the other. 551 00:56:22,140 --> 00:56:29,250 I think the good news, though. But I'll flag about antimicrobial resistance is that it should be a slightly easier 552 00:56:29,910 --> 00:56:34,500 it should be a should definitely be an easier problem to address than climate change. 553 00:56:35,040 --> 00:56:39,450 Even a couple of reasons, not just because of the technical nature of that issue, 554 00:56:40,140 --> 00:56:47,400 but also because antimicrobial resistance affects everyone rich, poor, powerful, weak. 555 00:56:47,820 --> 00:56:49,440 Whereas with climate change, 556 00:56:49,680 --> 00:56:58,409 those who are wealthier and more powerful could be under the perception that they could mitigate the effects of climate change on them by, 557 00:56:58,410 --> 00:57:01,170 for example, moving to higher ground or changing where they live. 558 00:57:01,620 --> 00:57:08,310 Whereas with anti-microbial resistance, it's not something that wealth or power could protect oneself against. 559 00:57:08,760 --> 00:57:28,460 So I'm optimistic as a result. Steve, can I prove you a little bit more on why you think the Framework Convention on Tobacco Control didn't work? 560 00:57:28,760 --> 00:57:38,629 I like the draft that you presented. The framework was a collection of instruments, as I think you said, including what most of them, 561 00:57:38,630 --> 00:57:44,150 but some of them in particular, like taxation, are extremely powerful at national level. 562 00:57:44,660 --> 00:57:50,240 That's been demonstrated and they are implemented by law at national level. 563 00:57:51,200 --> 00:57:59,239 So your your in your synthesis of the framework convention, are you saying that international law, 564 00:57:59,240 --> 00:58:05,600 the treaty in that instance had no added value to the value that we already know about at national level? 565 00:58:06,170 --> 00:58:11,750 Or is there some other explanation in your data why you think it's not is not so effective? 566 00:58:11,780 --> 00:58:15,490 It's important to understand, I think, why it doesn't work internationally, 567 00:58:15,500 --> 00:58:20,990 whereas nationally all of the constituent instruments of the framework are very effective. 568 00:58:22,560 --> 00:58:28,310 Yes. Thanks for the great question. And that's actually what we need to figure out, in a sense. 569 00:58:28,310 --> 00:58:31,760 So. So just to confirm. Yes, that is our conclusion. 570 00:58:31,790 --> 00:58:39,890 I mean, let me be very clear. The tobacco control policies that are promoted by this treaty are effective. 571 00:58:40,100 --> 00:58:46,969 There's been so many studies, so many more that needed showing that tobacco taxes reduce tobacco consumption, 572 00:58:46,970 --> 00:58:50,870 which is great, and that warnings work and that the smoke free environments are great. 573 00:58:51,110 --> 00:58:54,620 So it's it's not the policies that are in the framework conventions about control. 574 00:58:54,620 --> 00:58:58,760 That's that I'm debating. The only the question I'm raising is, I guess, 575 00:58:59,390 --> 00:59:06,020 did the creation of the Framework Convention on Tobacco Control accelerate the adoption of those policies, 576 00:59:06,380 --> 00:59:11,690 or would countries have adopted the many ways? And I, I think there's many hypotheses. 577 00:59:12,020 --> 00:59:17,210 And with this data, we can't tease out exactly which one, but one could be around. 578 00:59:17,480 --> 00:59:21,380 There hasn't been sufficient implementation of the Framework Convention on Tobacco Control. 579 00:59:21,770 --> 00:59:29,540 In fact, today or a fact yesterday, I guess, was when the Conference of Parties for the CTC were meeting in Geneva Focus. 580 00:59:29,540 --> 00:59:33,380 And the big focus for them was on we need to accelerate implementation. 581 00:59:34,100 --> 00:59:41,600 So I think there's already recognition among 136 countries there that that treaty has not been fully implemented as much as it's wanted. 582 00:59:41,600 --> 00:59:42,680 So that's one mechanism. 583 00:59:43,010 --> 00:59:51,020 So but then my question is, did that treaty cause more countries to have those policies than otherwise without the treaty or not? 584 00:59:51,350 --> 00:59:57,170 And I think it's an open question in the sense that, yes, of course, all the attention on tobacco control has probably been helpful. 585 00:59:57,500 --> 01:00:00,050 The resources that have followed also helpful. 586 01:00:00,680 --> 01:00:05,479 But could we have gotten that attention or would we have gotten the attention without the treaty mechanism, 587 01:00:05,480 --> 01:00:13,400 for example, having created a global pooled fund to support countries to adopt tobacco control policies? 588 01:00:13,730 --> 01:00:17,390 Would it have had more effect than a treaty? I don't know. 589 01:00:17,450 --> 01:00:20,240 We don't have a global fund, but I am asking that question. 590 01:00:20,300 --> 01:00:26,480 And this study, I think, shows that we should be asking that kind of question because I think Emory, 591 01:00:26,480 --> 01:00:29,930 the director, Sir Charles Godfrey, was next in line. 592 01:00:31,460 --> 01:00:36,890 Sorry about that. I just to follow up on Chris's question, I'm afraid this is a rather nerdy question, 593 01:00:36,890 --> 01:00:46,550 but I'm trying to grasp how the quasi experimental technique worked and looking at the the quite broad confidence intervals on the graph. 594 01:00:47,120 --> 01:00:53,270 And are you able to do in this technique a sort of power analysis? 595 01:00:53,570 --> 01:00:57,920 What could it be working? But you just don't have the power to tell. 596 01:00:58,220 --> 01:01:04,760 And how big an effect would it have to have before it would it would show up in your analysis? 597 01:01:05,360 --> 01:01:16,250 Yes. So so you're right. So based on this event model, we can't conclude because of the the confidence interval that it's not the other way around. 598 01:01:16,310 --> 01:01:21,140 So you're right, based on this, we, though also debuts also an interrupted time series analysis. 599 01:01:21,560 --> 01:01:27,470 And in that method, had I shown that figure, it would show it's beyond the confidence interval. 600 01:01:27,980 --> 01:01:38,810 So in that respect, we've used two methods trying to basically we did the best attempt we could to try to find impact. 601 01:01:39,650 --> 01:01:42,770 And the reason we try so is like multiple testing. 602 01:01:42,770 --> 01:01:48,110 We try to do all sorts of all sorts of different assumptions, trying to find impact. 603 01:01:48,560 --> 01:01:53,330 And what we kept on getting were things like this, where this would be. 604 01:01:53,330 --> 01:01:56,600 So the conclusion here would be we can't conclude a statistical difference, 605 01:01:56,960 --> 01:02:02,480 but our best guess would be that actual consumption is higher than what was predicted. 606 01:02:02,780 --> 01:02:07,429 Now that being said, I'm not actually we're not concluding out of the study that the effects caused harm. 607 01:02:07,430 --> 01:02:11,000 I don't think it did at all, but at least it didn't. 608 01:02:11,180 --> 01:02:18,410 It doesn't seem like it caused enough of an acceleration that we pick it up using these methods. 609 01:02:19,300 --> 01:02:25,750 Maybe it did cause some, but the impact, at least according to these methods, don't seem to. 610 01:02:25,840 --> 01:02:31,750 It wasn't large enough for us to find it. That's maybe the best. And that's that's the way we're going to frame the conclusion. 611 01:02:31,960 --> 01:02:35,020 Yeah. So thanks. 612 01:02:35,020 --> 01:02:39,249 And really like the focus of what was the second part of the presentation. 613 01:02:39,250 --> 01:02:43,840 So the evaluation of this new tool probably. 614 01:02:44,200 --> 01:02:49,689 And I was wondering whether in addition to this study on like the tobacco consumption convention, 615 01:02:49,690 --> 01:02:56,829 whether there is and other like examples from international, probably even public international already, maybe even. 616 01:02:56,830 --> 01:03:02,799 Yeah. Domains that are more remote to the health domain that could tell you like moderating 617 01:03:02,800 --> 01:03:08,230 about moderating factors such as whether recommendations are less effective than 618 01:03:08,230 --> 01:03:12,129 requirements with this distinction that you introduced in the beginning and similar 619 01:03:12,130 --> 01:03:18,040 things so that you you can have a more informed choice and even evaluation then of yeah. 620 01:03:19,480 --> 01:03:23,200 Rules that might work or not legal. Right? Definitely. 621 01:03:23,200 --> 01:03:30,819 So I think you're pointing to a really important part of this, which is that, of course, we can't just focus on legal mechanisms. 622 01:03:30,820 --> 01:03:33,969 We have to focus also on internal alternatives to them. Right. 623 01:03:33,970 --> 01:03:36,790 So you mentioned recommendations. There's also guidelines. 624 01:03:36,790 --> 01:03:43,090 There's a whole suite of global governance instruments that could be used and that are being evaluated. 625 01:03:43,300 --> 01:03:47,770 So, for example, there is a quasi experimental impact evaluation of the Millennium Development 626 01:03:47,770 --> 01:03:52,630 Goals and the impact of articulating those goals and particular outcomes. 627 01:03:53,110 --> 01:03:59,930 That's an interesting it's a really interesting study, but it's it points to the fact that to achieve progress, we don't always need law. 628 01:03:59,980 --> 01:04:05,500 In fact, as I said beginning, I my starting point was one of being critical for this type of mechanism. 629 01:04:06,520 --> 01:04:12,640 And so what we also need is as part of developing the science of global governance or global governance instruments, 630 01:04:12,880 --> 01:04:14,650 we need to also be focusing on others. 631 01:04:14,980 --> 01:04:22,600 I myself have been more focussed on the legal instruments because I'm an international lawyer, but there's a lot of people in political science, 632 01:04:22,600 --> 01:04:29,649 international sociology and other places that have been focussed on others because in many respects a lot of people, 633 01:04:29,650 --> 01:04:35,500 a lot of the theories for why international law could be effective are around things like norms, changing norms. 634 01:04:36,130 --> 01:04:40,150 And that makes sense to me. It's a change, you know, and then you don't need a law. 635 01:04:40,330 --> 01:04:46,690 You don't necessarily need an international law to change the norm. So as a result, it points to the potential effectiveness of others. 636 01:04:46,690 --> 01:04:53,590 And we the key then, in my mind is we have to tease out under what circumstances do which instruments work, 637 01:04:54,220 --> 01:04:57,490 and so that we can be forward looking and say, 638 01:04:57,490 --> 01:05:05,139 okay, we have this type of problem, we should apply this type of solution for that problem and that what and what currently, 639 01:05:05,140 --> 01:05:08,830 unfortunately, what we see is when these things are being negotiated at diplomatic fora, 640 01:05:09,250 --> 01:05:14,649 the ideas that come forward are often based on just what the person happened to have seen or known about. 641 01:05:14,650 --> 01:05:19,490 So if that person was, let's say, married to an environmental scholar, we'd be drawing from the environment. 642 01:05:19,490 --> 01:05:26,889 So if that person before their posting was in Geneva, they were posted in somewhere where there's a having a big mining industry and they look at the 643 01:05:26,890 --> 01:05:31,090 Kimberley process or there would be a lot of it is based on what people individually know, 644 01:05:31,390 --> 01:05:34,360 which is fine because that's way, that's one way we learn. 645 01:05:34,660 --> 01:05:38,410 How much better would it be if we could take a bit of a scientific approach to bear instead? 646 01:05:38,800 --> 01:05:40,980 That's the question. Thank you. 647 01:05:41,410 --> 01:05:56,950 Actually, I was wondering so if the if the putative benefit of the framework was acceleration of uptake of of the tobacco policies in these countries, 648 01:05:57,700 --> 01:05:59,770 could that not have been measured as the outcome? 649 01:06:00,220 --> 01:06:05,470 Or is that information more difficult to come by or because it really would be an interest to see that as a comparison. 650 01:06:06,340 --> 01:06:15,160 Yes. To the policies themselves. Yeah. So there there are another Canadian colleague of mine has been looking at exactly that question. 651 01:06:15,430 --> 01:06:21,160 So yeah, that would be an alternative way of looking at this. So instead of we we're looking at it this. 652 01:06:21,980 --> 01:06:26,000 This Framework Convention, did it have impacts on tobacco consumption? 653 01:06:26,420 --> 01:06:33,350 Instead, we could have said, did this framework have an impact on how fast tobacco control policies were being implemented? 654 01:06:34,010 --> 01:06:40,219 And the weird thing which we've had to grapple with in this study is that those are the ones, the one leading study that is asked. 655 01:06:40,220 --> 01:06:48,650 That second question, the question that you proposed found that it did accelerate national adoption of tobacco control policies. 656 01:06:49,280 --> 01:06:56,450 So last week, when I asked the person who wrote that study this question, how do you reconcile the two results? 657 01:06:56,960 --> 01:07:06,170 The thinking was it might have this this framework convention might have accelerated the formal adoption of a law within a country, 658 01:07:06,170 --> 01:07:09,800 but not necessarily its actual implementation in that country. 659 01:07:10,250 --> 01:07:16,400 So it might have accelerated laws on the books, but not actually the actions within countries. 660 01:07:16,790 --> 01:07:27,710 That's a it's a hypothesis not tested, but it's one that at least explains the two different results that come into play here. 661 01:07:28,250 --> 01:07:34,730 So it's a great, great question. Thank you. I've got another question for you. 662 01:07:35,120 --> 01:07:42,259 So I just want if you can give us an example of of how an international treaty might impact this, 663 01:07:42,260 --> 01:07:51,169 because it seems that it's it's going to be impossible to implement without actually doing something much more significant. 664 01:07:51,170 --> 01:07:56,120 And that is creating a comprehensive, effective health care system all around the world. 665 01:07:56,150 --> 01:08:03,530 So just to take the sort of trivial example that you mentioned, prescription of antibiotics for future tract infections. 666 01:08:06,000 --> 01:08:11,809 The problem that you face is that, you know, as you said, 10% of infections can be bacterial. 667 01:08:11,810 --> 01:08:14,810 If they're missed and not treated, they can be catastrophic. 668 01:08:15,320 --> 01:08:25,640 So you could deal with that by having a very effective health care system, that very effective diagnosis, monitoring doctors got patients back. 669 01:08:26,090 --> 01:08:27,559 It would be enormously intensive, 670 01:08:27,560 --> 01:08:36,139 even in the US to convince people that they weren't taking on an additional risk to themselves for the sake of this future. 671 01:08:36,140 --> 01:08:40,100 Good of protecting antimicrobial factors. That's just in the US. 672 01:08:40,460 --> 01:08:46,880 Then you've got to deal with Africa and India where you don't have health care systems and throwing antibiotics 673 01:08:46,880 --> 01:08:53,500 at a problem might might actually be effective compared to generating a more comprehensive health care system. 674 01:08:53,510 --> 01:09:00,110 So can you give us an example of sort of revolutionising the kind of health care system for the world, 675 01:09:00,470 --> 01:09:03,860 how a treaty is actually going to make progress? 676 01:09:04,470 --> 01:09:11,210 You know, so I think the assumption with the question is that is that we can't do it all. 677 01:09:11,240 --> 01:09:14,930 We can't just fully solve this challenge, which is may be the case. 678 01:09:15,230 --> 01:09:20,150 So I guess in that respect, I guess I'm not trying to solve all the world's problems with the treaty. 679 01:09:20,330 --> 01:09:23,510 I guess, although I do think that there are lots of things that can be done. 680 01:09:23,810 --> 01:09:32,450 So, for example, when it comes to innovation right now, we have insufficient levels of investments in innovation because as countries 681 01:09:32,450 --> 01:09:35,900 are hoping to free ride on each other instead if there is a legal system. 682 01:09:36,180 --> 01:09:40,160 There's a legal agreement where all countries agreed to or those countries that could. 683 01:09:40,580 --> 01:09:42,320 We're participating in funding, 684 01:09:43,250 --> 01:09:49,190 research and development related to antimicrobials and the diagnostics and other vaccines and other things that would support it. 685 01:09:49,670 --> 01:09:52,910 Then we'd have a much we have much greater levels of investments. 686 01:09:53,150 --> 01:10:01,940 That's one tangible example. But I think that the question that points to another very important point, which is that, of course, 687 01:10:02,360 --> 01:10:07,850 what actually happens within countries to address antimicrobial resistance has to be different depending on the country. 688 01:10:08,330 --> 01:10:14,569 That's not the way we usually think about international law. So most people in this room who are thinking of international law, 689 01:10:14,570 --> 01:10:20,910 you're probably thinking of, okay, standard, consistent standards that every country upholds. 690 01:10:20,930 --> 01:10:26,209 So, for example, human rights, all people have the right to the highest attainable standard of health, 691 01:10:26,210 --> 01:10:32,750 and it's just consistently applied in every country. In my mind, that probably won't work to be able to say, okay, 692 01:10:32,750 --> 01:10:39,920 every country should require a doctor's prescription before they can access an antibiotic that doesn't work in a 693 01:10:39,920 --> 01:10:45,860 country where there might not be enough doctors for people to have appropriate access to these lifesaving medicines. 694 01:10:46,190 --> 01:10:53,420 So there'll be different approaches needed. So my mental model looks much more like what the Paris Climate Change Agreement looks like, 695 01:10:53,810 --> 01:11:00,320 which instead of it being a bargain around what content each country or what policies each country will pursue. 696 01:11:00,650 --> 01:11:03,800 Instead, it's a bargain around the process that all countries would follow. 697 01:11:04,130 --> 01:11:09,650 So in that case, each country self declares what they're going to do against it, 698 01:11:09,680 --> 01:11:16,670 towards achieving a certain goal that's identified, and then that self-declaration becomes legally binding on that country. 699 01:11:17,000 --> 01:11:23,810 So what it does is if countries pledge they're committed and then it's the intention is to over time, ratchet up level of impact. 700 01:11:24,170 --> 01:11:32,030 And that's I think that's important to flag because it highlights that some of these feasibility concerns might not 701 01:11:32,030 --> 01:11:38,690 actually be there if the if different countries in the world are helping solve this challenge in its own unique way. 702 01:11:41,870 --> 01:11:49,280 We got Johnny and then Chris. Thanks very much. And I wonder if could go back to the start of the graph of the impact of the tobacco regulation. 703 01:11:49,430 --> 01:11:52,850 The first one. Have you got the one prior to that? Yeah. 704 01:11:52,850 --> 01:12:01,350 So one other line is interesting. There is the high middle income because that seems to be a line which does kind of buck the trend a bit. 705 01:12:01,370 --> 01:12:07,639 So my first question was whether you had a hypothesis for that, whether it was just a bit of an aberration and a bit of a follow up. 706 01:12:07,640 --> 01:12:14,300 If you did start to see some kind of income groups or country groups kind of trending away from the global line in the middle. 707 01:12:14,630 --> 01:12:20,780 Has there been any ethical discussion of whether we should be prioritising some groups rather than others or just focusing on that global average? 708 01:12:22,190 --> 01:12:28,490 So both great questions. So yes, there are some regional, regional differences that we found. 709 01:12:29,150 --> 01:12:34,580 And that's that's not new. Any sort of estimate of tobacco consumption or prevalence. 710 01:12:34,820 --> 01:12:40,910 So there's this variation. So we did we did look at all these and bring it together in a cohesive study. 711 01:12:41,630 --> 01:12:43,910 In terms of the the ethical issue of the priority, 712 01:12:44,270 --> 01:12:51,620 I think it's clear that the priorities probably needs to be on the countries that have the least capacity to address this. 713 01:12:51,950 --> 01:13:00,409 I mean, one really interesting aspect of tobacco is that the industry that's promoting the sale of tobacco is very multinational, 714 01:13:00,410 --> 01:13:09,620 very global, very powerful, very well-funded. And when put up against some countries, it's not really a it's not a good situation. 715 01:13:09,980 --> 01:13:15,050 So from an ethical perspective and even just from from an effectiveness perspective, 716 01:13:16,100 --> 01:13:21,650 which is also ethical, it makes sense to focus on those countries that have the least capacity. 717 01:13:21,890 --> 01:13:25,400 And the good news is that's exactly what the World Health Organisation does. 718 01:13:26,090 --> 01:13:31,370 I mean it's been it's been leading the effort for quite some time and I think 719 01:13:31,370 --> 01:13:35,180 most impactful it's been supporting countries that want to go on this path, 720 01:13:36,140 --> 01:13:42,590 helping them do it. And I think and again, the other good news with tobacco is that there's been so many studies showing the 721 01:13:42,590 --> 01:13:47,390 effectiveness of these national policies that if a country is serious about tobacco control, 722 01:13:47,660 --> 01:13:51,260 it's actually pretty easy for that country to do it. But it's not so easy, right? 723 01:13:51,260 --> 01:13:54,890 Because there's all the political interests, the economic interests at play, lobbying. 724 01:13:55,670 --> 01:14:01,310 And even if a state was able to defy the lobbying and the political interests, economic interests, 725 01:14:01,730 --> 01:14:07,250 there's still just the capacity of how do you enforce things and how do you monitor 726 01:14:07,250 --> 01:14:11,480 and make sure that everyone's complying with laws that might be on the books, but maybe not in practice. 727 01:14:11,960 --> 01:14:16,760 So it's a we tried to tease out some of that, but we can't with most of this data. 728 01:14:19,790 --> 01:14:24,709 Just one last quick one. Stephen, I think you may have just alluded to what I was going to say, 729 01:14:24,710 --> 01:14:29,060 which is that you've examined the question of whether a treaty or not is important, 730 01:14:29,060 --> 01:14:38,030 but clearly whether a treaty will work or not depends on the instrument that it's wrapped around, what kind of intervention you're talking about. 731 01:14:38,630 --> 01:14:44,840 And some of some of them are clearly quite complex. And complex interventions would limit the effectiveness of a treaty. 732 01:14:44,840 --> 01:14:54,440 But in other instances, for example, polio eradication, that's not an international treaty, but it's a global initiative. 733 01:14:54,860 --> 01:15:01,610 And it's extremely it has been extremely successful because, of course, it's based on a very simple, easy to use vaccine. 734 01:15:02,060 --> 01:15:07,549 And there's essentially no opposition. There is some opposition, but essentially no opposition, let's say, to its use. 735 01:15:07,550 --> 01:15:10,129 And that's why it's been tremendously successful. 736 01:15:10,130 --> 01:15:17,240 So I think in my mind, one lesson from that is that when you're thinking about antimicrobial resistance, 737 01:15:17,630 --> 01:15:23,660 one opportunity is to present a simplified message around the key instruments that work. 738 01:15:24,230 --> 01:15:30,770 I think the debate around antimicrobial resistance is far too confusing at the moment and unnecessarily so. 739 01:15:31,400 --> 01:15:40,550 I think there are some simple messages and one virtue a treaty perhaps, or a discussion around that would be to simplify the things that really work. 740 01:15:41,110 --> 01:15:45,079 Yeah. Yeah. So I think. Chris, thank you very much for that. 741 01:15:45,080 --> 01:15:48,420 I agree 100%. I. Yeah, I. 742 01:15:48,540 --> 01:15:57,800 It's way too confusing right now. And one thing that I think we're one shining example of what the FCC has succeeded in doing 743 01:15:58,190 --> 01:16:05,030 was to focus some attention on very particular policies that were shown to be effective. 744 01:16:05,030 --> 01:16:08,360 So that's why it was often called the world's first evidence based treaty. 745 01:16:08,810 --> 01:16:11,440 And so it did that. And did it need to be? 746 01:16:11,450 --> 01:16:20,420 It is the I guess my my question, though, is, did did we need the treaty mechanism in order to highlight those policies? 747 01:16:20,750 --> 01:16:24,590 Maybe we did. Maybe. Maybe 13 years isn't enough time. 748 01:16:24,890 --> 01:16:31,400 I mean, certainly at the Conference of Parties, there was discussion that this treaty remains as relevant today as it was 13 years ago. 749 01:16:31,820 --> 01:16:35,389 And so we just need to accelerate implementation. I think that's a good message. 750 01:16:35,390 --> 01:16:40,340 That's one I certainly believe in. But I and I think you're you're right. 751 01:16:40,520 --> 01:16:46,250 We should try to probably we should learn from this experience. And one success was that simplification. 752 01:16:46,820 --> 01:16:53,000 We need to do that for anti-microbial resistance. Definitely. Again, conscious, we're standing between people in their alcohol. 753 01:16:54,290 --> 01:16:59,410 So we might take one last question. I've got two questions not answered, both of them. 754 01:16:59,660 --> 01:17:03,320 The first is, I think you've touched upon a little bit already, 755 01:17:04,580 --> 01:17:10,480 but you've demonstrated that international law seems to be quite successful in the areas of finances, trade. 756 01:17:10,800 --> 01:17:15,590 Know for that. What is it about global health? Why has it not succeeded in global health? 757 01:17:15,590 --> 01:17:22,220 I guess my second question is also you've mentioned tobacco consumption and antimicrobial resistance, both really important issues. 758 01:17:23,690 --> 01:17:28,610 What other what other is there another issue within global health that you think is is also pressing? 759 01:17:30,260 --> 01:17:34,700 Great. Thanks for those questions. For the first one, I think, first of all, 760 01:17:34,700 --> 01:17:39,649 we should let's take that as a tentative conclusion in the sense that it was drawn from 761 01:17:39,650 --> 01:17:45,800 90 quantitative impact evaluations that we were able to find in a non systematic way. 762 01:17:46,610 --> 01:17:53,179 So based on those 9090s, a lot of studies better than 90 of have easily found quantitative effects. 763 01:17:53,180 --> 01:17:58,100 Valuations showed that the trade ones and they seemed to be from an outcomes perspective they could. 764 01:17:58,550 --> 01:18:03,710 We did find lots of studies that had these outcomes. So trade, yes, but we didn't find many on the social side. 765 01:18:04,130 --> 01:18:14,210 Why? My hypothesis that well, that we mentioned in this study when it was published was that I think these treaties look different. 766 01:18:14,690 --> 01:18:20,749 Right. So when you have a trade treaty, there's a dispute resolution mechanism, there's a compliance mechanism, there's accountability, 767 01:18:20,750 --> 01:18:29,370 there's monitoring, there's implementation mechanisms built into them that over time, rich countries do actually compact. 768 01:18:29,370 --> 01:18:36,820 There's consequences if countries break them. Whereas when you look at human rights treaties, there would be less of that. 769 01:18:36,830 --> 01:18:40,819 So there is a periodic review, there's a peer review mechanism. 770 01:18:40,820 --> 01:18:44,360 There's a time when countries have to go to Geneva and explain themselves. 771 01:18:44,360 --> 01:18:52,100 That's that's not the same as having a World Trade Organisation, a dispute resolution board. 772 01:18:52,700 --> 01:18:55,940 And then when it comes to, for example, the Framework Convention on Tobacco Control, 773 01:18:57,230 --> 01:19:01,370 there's not much of any implementation mechanism or enforcement mechanism. 774 01:19:01,910 --> 01:19:06,200 And I'm not I'm not saying that that's that's what it meant. 775 01:19:06,350 --> 01:19:11,600 It raises questions as to if we have treaties with our teeth, should we have pursued the treaty strategy? 776 01:19:11,870 --> 01:19:14,779 I think when that treaty was initially being negotiated, 777 01:19:14,780 --> 01:19:22,429 it probably was hoped that it would have some enforcement mechanisms, but in the end it didn't have very many. 778 01:19:22,430 --> 01:19:26,000 And so it sort of questions the whole enterprise. But I think that's the key. 779 01:19:26,360 --> 01:19:35,450 The key is then to have instruments that have these sort of things that are institutionally designed for compliance and impact, how to do it. 780 01:19:35,450 --> 01:19:41,630 We need to learn from these sort of studies and ideally even better studies than just the 90 quantitative impact variations. 781 01:19:42,850 --> 01:19:50,240 Thanks for your question. Okay. Well, so, you know, I think this is one of the most important talks I've heard. 782 01:19:51,260 --> 01:19:59,510 You know, the message of the evidence based medicine movement that started in the nineties when I was a postdoc here was that in many cases, 783 01:19:59,510 --> 01:20:09,410 interventions make great physiological sense, but when properly evaluated, scientifically do more harm than good. 784 01:20:10,430 --> 01:20:16,010 And that movement has changed the way medicine has been researched and implemented. 785 01:20:16,370 --> 01:20:20,480 But that scientific methodology hasn't carried over to other areas of life. 786 01:20:20,510 --> 01:20:28,400 Every year, someone introduces a new educational policy or some new social policy without rigorously affecting whether it does more harm than good. 787 01:20:28,940 --> 01:20:38,490 And I think this is a fantastic initiative to subject legal instruments to the same kind of evaluation that occurs in science. 788 01:20:38,510 --> 01:20:40,580 They're meant to improve the world. 789 01:20:40,850 --> 01:20:51,290 And no matter how well-meaning or ideologically driven or plausible they are, they can always do more harm than good. 790 01:20:51,320 --> 01:20:53,780 So I think this is the beginning of a revolution. 791 01:20:53,780 --> 01:21:01,790 And I'm sure in 20 years time people will look back at the sort of dark ages when people just introduced laws and didn't evaluate them. 792 01:21:02,510 --> 01:21:08,350 So I thank you, Stephen, for bringing us to the beginning of a revolution, and I can't wait to see how it unfolds. 793 01:21:08,360 --> 01:21:11,000 Thank you. And there's drinks next door in the capital.