Seite - 539 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

539The Plausibility and Resolvability of Legal Claims Against China and WHO under… novel aspects of the infections. During that time, the Wuhan Health Commission claimed there were no new infections or deaths. The case for a material breach having occurred with respect to “timely, accurate and sufficiently detailed public health information” appears stronger than the relatively short delay that accompanied China’s December 31 report to WHO. Claim 3: WHO Failed to Take into Account Reports from other Sources and Verify Reports from the PRC Articles 9 through 11 of the IHR (2005) allow WHO to consider reports other than notifications from the notifying State Party. Article 9 – Other Reports WHO may take into account reports from [other] sources … and shall assess these reports according to established epidemiological principles and then communicate information on the event to the State Party… Before taking any action based on such reports, WHO shall consult with and attempt to obtain verification from the State Party… Article 10 – Verification WHO may, when justified by … the public health risk, share with other States Parties the information available to it … taking into account the views of the State Party concerned… When WHO receives information of an event that may constitute a public health emergency …, it shall offer to collaborate with the State Party concerned in assessing the potential for international disease spread … and the adequacy of control measures… On December 31, 2019, Republic of China (Taiwan) officials reported to WHO and PRC health authorities that its doctors had received reports from mainland colleagues that medical staff were becoming ill after treating patients diagnosed with atypical cases of pneumonia, indicating human-to-human transmission. Articles 9 and 10 are deferential to the State Party’s interest about how “other reports” may affect that State’s interests. Although the IHR (2005) endeavour to balance public health protection with commerce and liberty interests, reporting events that may lead to the declaration of a public health emergency of international concern inevitably car- ries adverse economic effects for the State Party making those reports.