Regulation of medical tourism in international law

Abstract

This paper explores the growing phenomenon of medical tourism, where people travel abroad for healthcare, and the legal challenges this creates due to differing regulations between countries. It examines the effectiveness of existing international legal frameworks governing medical tourism. Key challenges identified include varying standards, enforcement issues, limited legal recourse, and inequalities in access to healthcare. The paper points out gaps in current literature, such as the fragmented nature of legal solutions and the inadequate role of international organisations in regulating medical tourism.

The paper critiques international bodies like the WHO, WTO, and WMA for their non-binding nature and lack of enforcement power. In response, it proposes the creation of a new regulatory body, the International Medical Tourism Organisation (IMTO), governed by an International Medical Tourism Treaty (IMT Treaty). This treaty would set standard regulations for medical facilities, including accreditation, patient protection, and mandatory insurance, with mechanisms for handling claims and resolving disputes.

The paper also discusses the negative impacts of medical tourism on local healthcare systems, such as resource diversion, price inflation, and the loss of medical professionals. It also considers the potential challenge of foreign investors using Investor-State Dispute Settlement (ISDS) mechanisms to undermine national healthcare regulations. Ultimately, the paper argues that the current legal framework is insufficient and calls for a new, globally recognised regulatory system to ensure safer, more ethical, and equitable medical tourism practices.