WHO Member States are nearing the end of negotiations for a proposed Pandemic Agreement, considering whether to adopt it under Article 19 or Article 21 of the WHO Constitution. Over the last two years of negotiations, the form of the treaty seemed settled on Article 19. However, the possibility of adopting the Pandemic Agreement under Article 21 has substantively re-emerged. While this may seem to many a simple question of an “opt in” or “opt out” approach, the legal and normative realities are somewhat more nuanced and require careful consideration by negotiators. Member States must carefully consider these factors, which will have critical implications for the future of global health and global health law-making.
Check out our piece with Alexandra L Phelan in Opinio Juris here.