Epidemics and the Future of International Disaster Law

This paper explores the relationship between epidemics and International Disaster Law. In particular the paper addresses some selective examples of legal and operational issues pertaining to International Disaster Law where the increasing concern on health emergencies, dated back to the Ebola crisis, have progressively facilitated the management of tailored initiatives. In particular, in relation to prevention and preparedness, challenges experienced to include biological hazards in universal disaster risk reduction frameworks will be introduced, as well as the dedicated attention to preparedness for epidemics progressively experienced in international coordination disaster management systems. In relation to post-hazard phases, some initiatives aimed at facilitating international relief operations in front of epidemics will be explored, as complemented by international financial instruments factoring epidemics in assistance programs. This overview might thus permit to assess some trends in this area, paving the way for potential further reforms eventually based on developments already introduced in the framework of the COVID-19 pandemic. [ FROM AUTHOR] Copyright of International Community Law Review is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)

THE FAILURE OF ‘CORE CAPACITIES’ UNDER THE WHO INTERNATIONAL HEALTH REGULATIONS

Analyses related to the Covid-19 pandemic have mainly addressed measures adopted in response to this event without paying attention to provisions included in the 2005 International Health Regulations which require States to develop predefined core capacities to prevent, control and provide a public health response to the international spread of disease. The legal architecture related to these obligations has, however, various shortcomings and States have largely failed to implement the required measures. Only recently has some practice been developed by the WHO to address these deficiencies, and further action is still required to finally implement this (neglected) cornerstone of the global health system.

Toward Human Rights-Consistent Responses to Health Emergencies: What Is the Overlap between Core Right to Health Obligations and Core International Health Regulation Capacities?

COVID-19 has highlighted the responsibilities of states under the International Health Regulations (IHR), as well as state accountability in case of a breach. These approaches and dimensions are valuable, as many COVID responses have breached human rights. We should also look beyond this crisis and address country preparedness for effective and equitable responses to future infectious disease outbreaks. This paper assesses countries' international legal obligations to be prepared to respond to this and future public health emergencies. It does so from the perspective of the right to health, in interaction with the IHR. We analyze the functional relationship between the right to health and the IHR, focusing in particular on "core obligations" under the right to health and "core capacities" under the IHR. We find considerable parallels between the two regimes and argue in favor of more cross-fertilization between them. This regime interaction may enrich both frameworks from a normative perspective while also enhancing accountability and public health and human rights outcomes.