Page - 536 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE536 cases to WHO. WHO had no legal authority to request information from China. The outbreak of SARS facilitated the 2005 revisions of the IHR.5 The IHR (2005) were expanded to encompass the detection and prevention of all infectious diseases.6 Reflecting the importance of communication for early detection and response, States Parties must inform WHO within 24 hours of any event that could be considered a “public health risk to other States requiring a coordinated interna- tional response.”7 From public health and epidemiological perspectives, the IHR (2005) reflect disease control priorities applicable at local, regional, and national levels: rapid detection of threats through surveillance and reporting, identification of pathogens, and control measures to contain the threat and reduce transmission. Therefore, the IHR (2005) prioritizes the development of surveillance and response infrastruc- ture (Annex 1), provides a guide to reporting (Annex 2 – providing a yes-or-no flow chart), and imposes strict timelines for detection and assessment. Early on, there is often uncertainty about a threat that could provide an obligation to report—particularly if there are likely to be negative economic consequences of reporting. Annex 2 guidance attempts to address this, but ambiguity remains. The backdrop to the PRC’s and WHO’s early actions regarding COVID-19 is a significant measure of scientific uncertainty. Methodologically, this chapter analyzes the obligations imposed under Articles 6 through 17 of the IHR (2005) to the content of inter- national disputes by reviewing the existing literature for timelines, statements, declarations, and chronology. Articles 8 and 12 through 14 are not separately analyzed, either because they are irrelevant or because their relevance is addressed within analysis of an Article with overlapping content. 5. David P Fidler, “Revision of the World Health Organization’s International Health Regulations” (16 April 2004), online: American  Society  of  International  Law  <https:// www.asil.org/insights/volume/8/issue/8/revision-world-health-organizations- international-health-regulations>. 6. Sam Halabi, “The Origins and Future of Global Health Law: Regulation, Security, and Pluralism” (2020) 108:6 Georgetown LJ 1608. 7. World Health Organization, “International Health Regulations” (2005) at arts 4-5, online: World  Health  Organization  <https://www.who.int/ihr/publications/ 9789241580496/en/>.