Administering Post-COVID Inoculations to Prevent Pandemic
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Authors
Melling, Christopher F.
Issue Date
2022
Type
Journal Article
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Abstract
In December 2019, a novel coronavirus appeared in Wuhan, China. While it remains disputed whether the virus began in a wet market or a laboratory, it is undisputed that it spread rapidly. COVID-19 has now infected over 500 million people worldwide. China and the World Health Organization (“WHO”) should have been better prepared for this virus after past outbreaks, particularly Severe Acute Respiratory Syndrome (“SARS”) in 2002. Three years after SARS, the WHO revised its International Health Regulations (“IHR”) to demand more accountability from member states. However, these improvements did not prevent China’s delayed reporting or lead to better health standards in its wet markets. In short, China breached Articles 6 and 7 of the IHR and violated the right to health under customary international law. As a result, states could theoretically hold China accountable. But legal mechanisms like settlement, an International Court of Justice decision, or countermeasures will not help prevent another pandemic. Instead, states must encourage changes to the WHO’s informational and financial structure, demand a WHO compliance and accountability committee, amend the IHR to include a settlement provision, and improve state internal health laws. These changes will reinforce global health jurisprudence, which will help prevent or mitigate the next pandemic.
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Publisher
Creighton University School of Law
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