ABSTRACT

Pandemic outbreaks like Severe Acute Respiratory Syndrome (SARS) in 2002 and A(H1N1) influenza in 2009 highlight the central importance of the International Health Regulations (IHR) in maintaining global health security. Adopted through the governing bodies of the World Health Organization (WHO), the IHR establish a rule-based system for preventing and responding to acute health risks of international concern. There are two broad classes of dispute resolution mechanisms from which state parties could draw in their efforts to enhance IHR effectiveness and compliance with them. Advisory bodies can help conflicting state parties to increase the likelihood of a negotiated settlement. Such a resolution is ideal given its potential to be quick and harmonious. One opportunity to strengthen negotiation may be to involve an independent legal expert early in the process so that he/she can provide an initial opinion on the matters in dispute and provide at least one neutral perspective on legal ambiguities.