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Getting in Formation: WHO Constitutional Heads of Power and the Pandemic Agreement

Alexandra L Phelan, Nina Schwalbe
Opinio Juris 2024

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. While this may seem a simple 'opt in' or 'opt out' question, the legal and normative realities are more nuanced and require careful consideration by negotiators.

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