Biosecurity in the Global Age

David P. Fidler is James Louis Calamaras Professor of Law at Indiana University School of Law. Professor Fidler's recent books include International Law and Public Health: Materials on and Analysis of Global Health Jurisprudence (2000) and SARS, Governance, and the Globalization of Disease (2004).Lawrence O. Gostin is Associate Dean and Linda D. and Timothy J. O'Neill Professor of Global Health Law at Georgetown University, and Visiting Professor at Oxford University. Professor Gostin's latest books include Public Health Law: Power, Duty, Restraint (2008) and Public Health Law and Ethics: A Reader (2002).

• 1 Introduction: The Challenge of Biosecurity in the Twenty-First Century 1 PART I BIOSECURITY AND BIOLOGICAL WEAPONS 2 The Problem of Biological Weapons 23 3 The New World of Biological Weapons Governance 55 PART II BIOSECURITY AND PUBLIC HEALTH 4 The Securitization of Public Health 121 5 The New World of Public Health Governance 147 PART III BIOSECURITY, THE RULE OF LAW, AND GLOBALIZED GOVERNANCE 6 Biosecurity and the Rule of Law 187 7 Globalizing Governance: Toward a Global Biosecurity Concert 219 8 Conclusion: The Burden and Opportunity of Biosecurity in the Global Age 257 Annex 1 U.S. Government Select Agent List 263 Annex 2 Geneva Protocol of 1925 267 Annex 3 Biological Weapons Convention of 1972 269 Annex 4 Provisions Connected to Human Rights in the International Health Regulations (2005) 275 List of References 277 Index 295

"Fidler and Gostin have produced the best description yet of the traditional as well as the newly emerging laws, regulations, treaties and policies in international biosecurity. They navigate through a broad range of topics, while lucidly explaining the public health issues of the new biosecurity age."—Victoria Sutton, Professor and Director of the Center for Biodefense, Law and Public Policy, Texas Tech University, and author of Law and Bioterrorism "Fidler and Gostin's work is essential reading for anyone concerned about either public health or national security—two topics that they make clear must from now on be analyzed together. This pathbreaking book provides an analytic framework for the real world's merger of public health and national security threats. It is both fascinating and important."—Hank Greely, Stanford University "Individuals who are concerned with these challenging questions would be well informed if they read Biosecurity in the Global Age: Biological Weapons, Public Health, and the Rule of Law with a clear-cut title that epitomizes the subject matter, the book distinctly lays out the crisis facing the world's biosecurity. This forward-looking book enables the reader to understand the complexities involved in such a task." —Law and Politics Book Review "Biosecurity in the Global Age: Biological Weapons, Public Health, and the Rule of Law, by internationally renowned law professors Lawrence Gostin and David Fidler, provides an opportunity to develop a robust understanding of biosecurity and its role in national and international policy." —Journal of the American Medical Association