{"title":"The Legal Response to Pandemics","authors":"G. Burci","doi":"10.1163/18781527-01102003","DOIUrl":null,"url":null,"abstract":"\nThe pandemic of ‘severe acute respiratory syndrome coronavirus 2’ (sars-CoV-2) has raised unprecedented challenges for most international legal and policy regimes and we cannot yet foresee its long-term consequences. The legal and institutional regime to prevent and control the international spread of disease, based on the World Health Organization and the International Health Regulations (ihr 2005) has also been severely tested. Critics have challenged who’s apparent politicization and the ineffectiveness of the ihr 2005 as a tool to coordinate the international response to covid-19. The ihr 2005 have codified the operational model of the who Secretariat at the time of their revision, but the assumptions about who’s epistemic authority and the willingness of states parties to conform to who’s lead have proven overoptimistic. Still, addressing some of the major weaknesses of the ihr 2005 could give them renewed momentum and nudge states towards a more coordinated and effective response to epidemics.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2020-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-01102003","citationCount":"4","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-01102003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 4
Abstract
The pandemic of ‘severe acute respiratory syndrome coronavirus 2’ (sars-CoV-2) has raised unprecedented challenges for most international legal and policy regimes and we cannot yet foresee its long-term consequences. The legal and institutional regime to prevent and control the international spread of disease, based on the World Health Organization and the International Health Regulations (ihr 2005) has also been severely tested. Critics have challenged who’s apparent politicization and the ineffectiveness of the ihr 2005 as a tool to coordinate the international response to covid-19. The ihr 2005 have codified the operational model of the who Secretariat at the time of their revision, but the assumptions about who’s epistemic authority and the willingness of states parties to conform to who’s lead have proven overoptimistic. Still, addressing some of the major weaknesses of the ihr 2005 could give them renewed momentum and nudge states towards a more coordinated and effective response to epidemics.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.