Chapter 1
A Specific Instances Inquiry Mechanism?
In: New Zealand Yearbook of International LawSearch for other papers by Caroline E Foster in
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Abstract
How can the world do better at responding to potential pandemics at an early stage? The members of the World Health Organization (WHO) are giving intensive consideration to this question, building on formal reviews of the global response to the COVID-19 pandemic and the functioning of the WHO’s International Health Regulations. One of the significant aspects of epidemic prevention relates to the disincentives to reveal new disease outbreaks that may flow from export-dependent States’ concerns about encountering a response characterised by excessive restrictions on international trade in their products. Although this issue has maintained a low profile in the context of COVID-19, where the nature of the disease has called for restrictions on the movement of people rather than products, it is clear that WHO and World Trade Organization (WTO) procedures for dealing with complaints about trade restrictions do not adequately cater to the problem. This article proposes a new way to increase accountability: a specific-instances joint WHO-WTO inquiry mechanism that would cast greater light on disease-related trade bans. States should accompany the adoption of a new high-level legal instrument on pandemics with a forward work agenda embracing the development of appropriate mechanisms to help ensure compliance with international pandemic law, and the inquiry mechanism proposed in this article should be included. In due course, the mechanism could be extended to address restrictions on the movement of persons.