Paper by Allyn Taylor and Roojin Habibi. InSights Vol. 24, Issue 15. American Society of International Law.
June 5, 2020.
It is widely acknowledged among the WHO member states, that there is a need for an "impartial, independent and comprehensive evaluation" of the global response to the pandemic "at the earliest appropriate moment." Indeed, the WHO has itself identified the need for an independent review once the crisis subsides.
There is broad consensus that now is the time for action and solidarity—not inquisition and inquiry. Since the entry into force of the International Health Regulations (IHR) in 2007—the international legal instrument that governs the global response to public health threats with potential for international spread—the world has faced six public health emergencies of international concern (PHEICs), including the ongoing COVID-19 pandemic. With each outbreak, the WHO has faced novel challenges, and the IHR have built-in mechanisms for post-crisis reviews of performance to hone future responses to public health emergencies.
Nevertheless, perennial issues including both hindrances in governance and financing, surface time and again after each outbreak review. This commentary explores the merits of calls for inquiry by countries and unpacks their underlying legal and governance issues.
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