Habibi, R, Hoffman, SJ, Burci, GL, de Campos, TC, Chirwa, D, Cinà, M, Dagron, S, Eccleston-Turner, MR ORCID: https://orcid.org/0000-0002-2589-0738, Forman, L, Gostin, LO, Meier, BM, Negri, S, Ooms, G, Sekalala, S, Taylor, A and Yamin, AE (2020) The Stellenbosch Consensus on Legal National Responses to Public Health Risks. International Organizations Law Review, 19 (1). 90 - 157.

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Abstract

The International Health Regulations (ihr), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to global health emergencies such as the ongoing covid-19 pandemic. Countries are permitted to exercise their sovereignty in taking additional health measures to respond to such emergencies if these measures adhere to Article 43 of this legally binding instrument. Overbroad measures taken during recent public health emergencies of international concern, however, reveal that the provision remains inadequately understood. A shared understanding of the measures legally permitted by Article 43 is a necessary step in ensuring the fulfillment of obligations, and fostering global solidarity and resilience in the face of future pandemics. In this consensus statement, public international law scholars specializing in global health consider the legal meaning of Article 43 using the interpretive framework of the Vienna Convention on the Law of Treaties.

Item Type: Article
Additional Information: The final version of this article and all relevant information related to it, including copyrights, can be found on the publisher website.
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 21 Sep 2022 15:15
Last Modified: 21 Sep 2022 15:15
URI: https://eprints.keele.ac.uk/id/eprint/11439

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