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Regulation of medical tourism in international law
Mini Dissertation (LLM (International Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613626574045184 |
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| access_status_str | Open Access |
| author2 | Dyani-Mhango, Ntombizozuko |
| author_browse | Dyani-Mhango, Ntombizozuko |
| author_facet | Dyani-Mhango, Ntombizozuko |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100455 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:08.341Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100455 Regulation of medical tourism in international law Dyani-Mhango, Ntombizozuko u18132082@tuks.co.za Patel, Saajidah UCTD Sustainable Development Goals (SDGs) Mini Dissertation (LLM (International Law))--University of Pretoria, 2023. 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. Public Law LLM (Internatinal Law) Unrestricted Faculty of Laws SDG-01: No poverty 2025-02-03T19:13:54Z 2025-02-03T19:13:54Z 2025-04 2023-10 Mini Dissertation * http://hdl.handle.net/2263/100455 https://doi.org/10.25403/UPresearchdata.28328195 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Regulation of medical tourism in international law |
| title | Regulation of medical tourism in international law |
| title_full | Regulation of medical tourism in international law |
| title_fullStr | Regulation of medical tourism in international law |
| title_full_unstemmed | Regulation of medical tourism in international law |
| title_short | Regulation of medical tourism in international law |
| title_sort | regulation of medical tourism in international law |
| topic | UCTD Sustainable Development Goals (SDGs) |
| url | http://hdl.handle.net/2263/100455 https://doi.org/10.25403/UPresearchdata.28328195 |