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Mending Dispute Resolution under the International...
Journal article

Mending Dispute Resolution under the International Health Regulations

Abstract

International dispute resolution not only aims to redress wrongdoings, but also to deter states from violating obligations. Approaching the International Health Regulations (ihr) from this viewpoint and using recent global health crises as examples, this paper argues that dispute resolution must be strengthened in the ihr in order to protect global health security. While a diverse range of dispute resolution mechanisms exist in other legal regimes, this paper proposes that a three-pronged architecture consisting of a guidance mechanism, formal adjudicative mechanism, and recourse to the icj and binding arbitration would provide for the most efficient and timely response to a dispute between states parties. Importantly, this architecture can be used both prior to and during a global health crisis, and could incentivize states parties towards solidarity in the global public health response.

Authors

Hoffman SJ; Habibi R; Villarreal P; Campbell S

Journal

International Organizations Law Review, Vol. 19, No. 1, pp. 241–268

Publisher

Brill Academic Publishers

Publication Date

January 1, 2022

DOI

10.1163/15723747-19010008

ISSN

1572-3739

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