Global Health

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Public International Law and the 2018-2019 Ebola Outbreak in the Democratic Republic of Congo

On 17 July, 2019, the World Health Organization (WHO)’s Director-General declared, under Article 12 of the International Health Regulations (IHR), that the Ebola outbreak in the Democratic Republic of Congo (DRC) constitutes a Public Health Emergency of International Concern (PHEIC). The declaration took place after an Emergency Committee issued its advice in the same sense. The aftermath of the PHEIC declaration has given way to questions about what exactly its implications –legal and otherwise– are. Some of the general features of PHEICs are described elsewhere. In turn, this post provides a closer look at the underlying legal regime of the IHR, with an emphasis on provisions related to the declaration of a PHEIC. Afterwards, a brief account of the current situation in the DRC Ebola outbreak is provided. Lastly, some of the potential consequences, legal and otherwise, of a PHEIC declaration are discussed.   The Legal Regime of PHEICs The IHR were approved at the 58th World Health Assembly in 2005, in accordance with Article 21 of the…

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‘Drug Addicts’ and the ECHR

Paul Hunt has said that drug control and human rights have operated in ‘parallel universes’. For the most part this is true and the vast majority of human rights advocacy and scholarship in this area goes to attempting to bridge that divide and hopefully mitigate some of the damage brought about by the ‘war on drugs’.

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Global Pact for the Environment: Defragging international law?

A ‘defrag’ computer program that consolidates fragmented files on a hard drive holds metaphorical attraction for international lawyers. Our encounters with international law often seem to be specific to particular legal regimes, which have a functional orientation and professional sensibility that, in the words of the International Law Commission, may be self-contained. International environmental law and human…

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Can Intergovernmental Commerce in Human Organs be Legal?

States prefer when their national legislations conform with international law. However, assessing conformity can sometimes be complicated. One may think of a situation where national legislation mandates doing something the state has internationally undertaken not to do, and concluding treaties to serve as the international legal basis for doing so. Should such legislation be regarded as compliant with…

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Balancing between Trade and Public Health Concerns: The Latest Step in the Plain Packaging Saga

The Australian Tobacco Plain Packaging (TPP) measures raised the classic issue of balancing between competing interests. While aiming at improve public health by putting plain packaging requirements on tobacco products, Australia revived an important debate in international economic law concerning whether international obligations have become too intrusive for the State’s policy space, asphyxiating the sovereign right…

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