Page - 541 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

541The Plausibility and Resolvability of Legal Claims Against China and WHO under… (a) the views of the States Parties directly concerned; (b) the advice of the Emergency Committee …; (c) scientific principles as well as available scientific evidence …; (d) health measures that … are not more restrictive of interna- tional traffic and trade and are not more intrusive to persons than reasonably available alternatives that would achieve the appro- priate level of health protection… When it announced the PHEIC, WHO leaders did not recommend travel or trade restrictions, a decision criticized as overweighing criterion (a) over countervailing concerns. The WHO delegation that visited PRC between January 20 and 21 noted that PRC offi- cials carefully negotiated the terminology and details of the delega- tion’s findings. But Article 17 criteria suggest that such views are to be considered, and there remains agreement that there was (and remains) uncertainty over the uniqueness of the novel SARS coro- navirus and what its differences with other coronaviruses meant for response. Dispute Resolution Under the IHR (2005) Whatever the determination as to material breaches committed either by the PRC or by WHO, the IHR (2005) provide the mechanisms by which those breaches may be addressed. Article 56 - Settlement of Disputes 1. In the event of a dispute …, the States Parties concerned shall seek … to settle the dispute through negotiation or any other peaceful means… Failure to reach agreement shall not absolve the parties to the dispute from the responsibility of continuing to seek to resolve it. 2. In the event that the dispute is not settled … the States Parties concerned may … refer the dispute to the Director-General, who shall make every effort to settle it. 3. A State Party may … declare … to the Director-General that it accepts arbitration as compulsory … concerning the interpreta- tion or application of these Regulations… The States Parties that have agreed to accept arbitration as compulsory shall accept the arbitral award as binding and final…