The WHO Response to the Pandemic Coronavirus (Covid-19) Outbreak: An Evaluation Under the Rule of International Law | ||||
| المجلة القانونية | ||||
| Article 4, Volume 9, Issue 5, 2021, Page 1695-1746 PDF (510.98 K) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/jlaw.2021.190695 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| Salwa Youssef Elekyabi | ||||
| Associate Professor- Faculty of Law - Zagazig University | ||||
| Abstract | ||||
| The outbreak of Coronavirus (Covid-19) pandemic has posed a serious threat to the international community and has impacted almost all sectors. Globally, pandemic outbreaks couldn’t be fought or eradicated by one state; hence, the coordination between all states is crucial. Within the ambit of Global Health Governance, the World Health Organization, is ‘the directing and coordinating authority on international health work’. It is mandated, particularly, to stimulate and advance work to eradicate disease. To this end, this article examines, through an in-depth case study, the impact of the ongoing Covid-19 outbreak on the efficiency of the WHO to undertake its mandate during times of emergencies, as prescribed in its legal frameworks. The article addresses this issue from two sides: how the decision-making process has been taken internally within the WHO to control the global outbreak of the Covid-19, and how the WHO interacted with states to ensure compliance with relevant laws and recommendations. In doing so, this article is divided into four parts. In part I, it introduces the WHO as the main actor in the global health governance, highlighting its main powers and responsibilities. Part II examines the WHO’s legal tools, powers and mechanisms to control diseases and discusses whether these are fit and reliable. Part III focuses on the WHO response to the ongoing outbreak of Covid-19 in light of its mandate and powers as provided in the 2005 International Health Regulations. Part IV concludes on the effectiveness of the WHO response to the ongoing crisis and suggests relevant ways for enhancement. This article proposes three principles for improving the WHO response to pandemic outbreaks: a transparent mechanism for conducting all businesses within the WHO, especially decision making; an enforcement mechanism to impose compliance on member states; and a rigorous system to assist states in building their capacities. | ||||
| Keywords | ||||
| Coronavirus pandemic; Covid-19; Global Health Governance; World Health Organization; International Health Regulations; Public Health Emergency of International response (PHEIC) | ||||
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