Circumvention tourism is a form of medical tourism that occurs when individuals travel abroad to receive treatments that are a prohibited in their home county but permitted in a destination country. This paper explores this question: Guido Pennings, Richard Huxtable, and I. Glenn Cohen have all argued for what I call "formalist accounts" of circumvention tourism. That is, they try to show that certain types of circumvention tourism should or should not be punished . Against them, I show that questions about circumvention tourism's punishability cannot be answered in the abstract. Whether individuals should be punished depends too much on the morality of the treatments being performed and the prohibitions being circumvented.
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Circumvention tourism is a form of medical tourism that occurs when individuals travel abroad to receive treatments that are a prohibited in their home county but permitted in a destination country. This paper explores this question: Guido Pennings, Richard Huxtable, and I. Glenn Cohen have all argued for what I call "formalist accounts" of circumvention tourism.
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SIMON FRASER UNIVERSITY, BURNABY, BC, CANADA.
In the context of medical tourism, circumvention tourism consists of traveling abroad with the intention of participating in a health-related activity that is prohibited in one's own country but not in the destination country. This practice raises a host of legal and ethical questions that focus on how the traveler should be treated once they have returned home. Joshua Shaw deftly shows that the question of whether circumvention tourists should be punished in their home countries is not something that can be answered in principle and without reference to the morality of the prohibition.
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HARVARD LAW SCHOOL, CAMBRIDGE, MA, USA.
It is a huge pleasure to engage with Prof. Shaw's careful and close reading of my article. Though almost a decade old, many of the issues are becoming only more relevant as it seems that will be overruled in the U.
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