Rethinking Institutional Independence

Abstract

This article examines institutional independence using the examples of the World Health Organization (WHO) and of the Public Health Emergencies of International Concern (PHEIC s) in a theoretical and a practical approach. It highlights the two different sources of authority of the WHO Secretariat, based on conditional negotiated legitimacy and epistemologically derived legitimacy, and how this authority is threatened by an increase in state party influence beyond what is envisaged in the WHO’s institutional setup. As a practical example, the article uses the PHEIC determinations, when the criteria as set out in the International Health Regulations (IHR) are not sufficient to explain the director-general’s decision to determine a PHEIC. Instead, this article offers evidence of state party influence. This challenge to the WHO’s legitimacy leads to a lack of institutional independence and, subsequently, to a declining basis for cooperation.