Page - 542 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE542 5. In the event of a dispute between WHO and … States Parties concerning the … Regulations, the matter shall be submitted to the Health Assembly. Article 56 of the IHR (2005) provides the channel through which mat- ters fundamental to how the treaty operates may be reviewed and ultimately incorporated into a revised instrument. Conclusion The IHR (2005) are the agreed governing legal framework for the global response to COVID-19. They are the law. The law addresses disputes of the type raised as to the PRC’s candour in reporting to WHO, WHO’s failure or not to share information with others, and WHO’s assessment of PHEIC criteria. The law may have failed in the response to COVID-19 and, as we suggest, PRC’s communication of timely information to the WHO. The lawful course of action is to negotiate a peaceful resolution to any disputes, including, perhaps, composition of an independent investigatory body, submission of the dispute to the WHO Director-General, consideration of binding arbi- tration, and, finally, resolution through the World Health Assembly.