JOURNAL ARTICLE
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The Law of the WHO and COVID-19 Pandemic Reformism
German Yearbook of International Law, Vol. 64 (2021), Iss. 1 : pp. 11–40
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Pedro A. Villarreal, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany. PhD in Law (UNAM, Mexico).
Abstract
In the wake of the COVID-19 pandemic, international law norms on the cross-border spread of disease are under a reformist spotlight. Multiple perspectives have emerged on what the best course of action for better pandemic preparedness is. The legally binding and non-binding instruments from the World Health Organization (WHO) lie at the centre of these reformist debates. Against this backdrop, the current article explores past and current iterations of law-making and reform within the WHO. Currently, a three-pronged legal juncture is in place: creating a new instrument, amending existing rules, or issuing recommendations. The article concludes with a cautionary note regarding the overreliance on legally binding norms as the only worthwhile outcome of pandemic reformism. The prevalent geopolitical setting, always susceptible to major divides, is an inescapable determinant of success.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Pedro A. Villarreal\nThe Law of the WHO and COVID-19 Pandemic Reformism | 11 | ||
| I. Introduction: Grasping Pandemic Momentum for Law-Making and Reform | 11 | ||
| II. WHO Regulations, Conventions, and Non-Binding Codes: A Primer | 12 | ||
| A. WHO Legal Instruments: Stretching the Sources Doctrine of International Law | 12 | ||
| B. Past Law-Making on Pandemics in a Nutshell | 15 | ||
| 1. Pre-WHO Conventions | 16 | ||
| 2. Enter the Constitution of the WHO: Law-Making Powers on International Health Law | 18 | ||
| III. Past Law-Making and Reforms of WHO Instruments: A Bird’s Eye View | 26 | ||
| A. The Road to a WHO Convention: Expanding Health Law | 26 | ||
| B. Regulations and Adaptation to Changing Times | 28 | ||
| C. ‘Soft Law’ Instruments as a Fail-Safe | 30 | ||
| IV. The Three-Pronged International Law Juncture After COVID-19 | 32 | ||
| A. The Uphill Road Towards a New Convention on Pandemic Preparedness and Response | 34 | ||
| B. The Middle-Ground Solution: Amending Existing Regulations | 37 | ||
| C. The Failsafe Option: Legally Non-Binding Recommendations | 38 | ||
| V. Conclusions: Pandemic Reformism in a Fractured World | 39 |