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Implementation, compliance, and pandemic legal obligations

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Description Negotiations ought not focus on enforcement and sanctions Member states of the World Health Organization (WHO) are undertaking ambitious governance reforms to prevent, prepare for, and respond to pandemics… Click to show full abstract

Description Negotiations ought not focus on enforcement and sanctions Member states of the World Health Organization (WHO) are undertaking ambitious governance reforms to prevent, prepare for, and respond to pandemics by concurrently negotiating both a new international legal instrument (henceforth called “the Pandemic Treaty”) and amendments to the International Health Regulations (IHR). We therefore find ourselves at a critical juncture in global health governance, with the opportunity to strengthen pandemic prevention, preparedness, and response through international law. One issue being given considerable prominence in each of these negotiations is how compliance by member states with their obligations can best be achieved. We argue that any efforts to ensure compliance with these instruments should be seen as part of broader efforts to ensure effective and equitable implementation, as opposed to being overly focused on formal compliance mechanisms and the possibility of punitive action in response to noncompliance.

Keywords: pandemic legal; implementation compliance; compliance; compliance pandemic; legal obligations; implementation

Journal Title: Science
Year Published: 2023

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