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International Health Law + Pandemic Flu - Coggle Diagram
International Health Law + Pandemic Flu
Allyn L Taylor, et al (2020). ‘Solidarity in the wake of COVID-19: reimagining the International Health Regulations,’ The Lancet
IHR = International Health Regulations
governs how 196 states and WHO collectively address the global spread of disease
"it's time to reimagine the IHR as an instrument that will compel global solidarity and national action against the threat of emerging and re-emerging pathogens."
authors call for reform to IHR policies
improvements/reforms:
supervision
allow non-state actors to report info without having to be verified by state
national accountability should be strengthened by mandating independent experts to conduct missions to states so that they can review potential outbreak situations
links between infectious disease control and global security
transparency in the deliberations that lead to a PHEIC
textual clarity
issue of ambiguity in the text of the regulations in any future IHR reform process
lack of clarity undermines compliance
“zone of ambiguity within which it is difficult to say with precision what is permitted and what forbidden”.
international assistance
all states must invest more domestic resources in their public health systems.
integrate an effective reporting mechanism to monitor implementation of IHR obligations
dispute resolution
public health measures can disrupt trade, transport, and economic activities
"Disputes over the legality of such health measures are likely, and agreed mechanisms to settle them would prevent political tensions from becoming disruptions"
consultation forums
Covid highlights PHEIC identification issues
PHEIC = Public Health Emergency of International Concern
states obligated to notify WHO of any event that may constitute a PHEIC within 24 h after public health authorities' assessment (under IHR)
China knew for several weeks before notifying
WHO has no legal authority to go to China and review
The duty to report disease outbreaks: of interest or value? Lessons from H5N1
'norm life cycle model'
1) norm entrepreneur
2) norm cascade
3) norm internalisation
becomes internalized into state behaviour
more actors persuaded about the necessity of the new behaviour after the tipping point
'socialised' acceptance
advocate for new behaviour needed
at some point there is a 'tipping point'
Clare Wenham, Mark Eccleston-Turner, Maike Voss, The futility of the pandemic treaty: caught between globalism and statism
two types of global health governance
globalist
rights of individuals
liberal democratic values
national approach insufficient to meet global needs
overlaps with humanitarianism/transnational cosmopolitanism
global population > state-centric
statist
security focused
national population and short term needs
vaccine nationalism
causes variance in mortality rates in high vs low income areas
how to encourage cooperation?
incentives?
soft law obligations?
globalist in nature
statists responses undermine cooperation attempts to stop spread of infectious disease control
implementation
incentives
financial or human resources made available for states that agree to share their info
loans
new pooled insurance mechanisms
sanctions
may lead to greater concealment of outbreaks
MS disregard recommendations anyway, sections will not change this
states unlikely to agree
want freedom to depart from obligations when it suits them