(Non) Compliance with the International Health Regulations of the WHO from the Perspective of the Law of International Responsibility

  • 1 Research Fellow in International Law, Department of Law, University of Turin, Lungo Dora Siena, 100, Turin, Italy
Andrea Spagnolo
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  • Research Fellow in International Law, Department of Law, University of Turin, Lungo Dora Siena, 100, Turin, Italy
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Abstract

International Health Regulations (IHR) of the World Health Organization (WHO) are fundamental to ensure an adequate response of the international community to health emergencies such as the spread of the virus Ebola in 2014. This notwithstanding, WHO's Member States appear reluctant to comply with the IHR and in particular they violate the ban on unnecessary trade and travel restrictions. After having presented the lack of compliance with the IHR, the present article analyses the means at the disposal of the WHO for sanctioning the behaviour of its Member States, both from the perspective of WHO's internal rules and from the perspective of the law of international responsibility, evaluating if countermeasures might represent a viable solution. The conclusions will offer a broad reflection on the codification process of the rules on the responsibility of international organisations concluded by the International Law Commission in 2011.

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