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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.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International