Contrary to the belief that the development of science and technology would eradicate the serious communicable diseases, the global society today would define emerging and reemerging infectious diseases as one of the most serious threats to human security. Thus, this paper explores the legal and soft-law measures to collectively combat such diseases including SARS and H5N1 Avian Influenza. First, the possibility of newly adopted International Health Regulations (IHR) at the World Health Organization (WHO) in May 2005 is examined. As legally binding legal rules, and now covering even health damages through terrorism, the potential of the IHR as the primary tool for effectively preventing and containing infectious diseases is to be highly evaluated. As supplementary measures, soft-law type international cooperation has to be also taken into consideration. Importance of the universal jurisdiction would be confirmed in addressing bioterrorism along with the effective uses of export control as well as transportation security frameworks. In the sphere of public health protection, it is concluded that the difference in effectiveness between legally binding rules and non-binding rules has been blurring, which would be a base upon which modern sources of international law and governance could be studied.

The 21st century center of excellence program "Policy innovation initiative: human security research in Japan and Asia"