The Law of the WHO and COVID-19 Pandemic Reformism

Villarreal, Pedro A.

doi:10.3790/gyil.64.1.11

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The Law of the WHO and COVID-19 Pandemic Reformism

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Villarreal, Pedro A.
Max Planck Institute for Comparative Public Law and International Law, Max Planck Society;

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https://doi.org/10.3790/gyil.64.1.11
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Villarreal, P. A. (2022). The Law of the WHO and COVID-19 Pandemic Reformism. German Yearbook of International Law, 64 (2021), 11-40. doi:10.3790/gyil.64.1.11.

Cite as: https://hdl.handle.net/21.11116/0000-000F-789D-A

Abstract

In the wake of the COVID-19 pandemic, international law norms on the cross-border spread of disease are under a reformist spotlight. Multiple perspectives have emerged on what the best course of action for better pandemic preparedness is. The legally binding and non-binding instruments from the World Health Organization (WHO) lie at the centre of these reformist debates. Against this backdrop, the current article explores past and current iterations of law-making and reform within the WHO. Currently, a three-pronged legal juncture is in place: creating a new instrument, amending existing rules, or issuing recommendations. The article concludes with a cautionary note regarding the overreliance on legally binding norms as the only worthwhile outcome of pandemic reformism. The prevalent geopolitical setting, always susceptible to major divides, is an inescapable determinant of success.