The Elgar Companion to the Law and Practice of the World Health Organization
Samenvatting
This Companion presents a comprehensive analysis of the World Health Organization’s (WHO) practices and structures, reflecting on its development as a specialised UN agency since its creation. It examines the WHO’s capacity to provide the coordination and leadership needed to address today’s global health challenges.
Providing valuable contributions from leading scholars, this timely Companion explores the role of the WHO in today’s global health landscape. It offers a range of insights into the law and practice of the WHO, discussing opportunities for further development including the revision of the International Health Regulations and the recent negotiation of the Pandemic Agreement. Drawing on a variety of different legal fields, including biodiversity law, human rights law, and international institutional law, the Companion analyses the ever-growing number of outside influences on the structure and purpose of the organisation.
The Elgar Companion to the Law and Practice of the World Health Organization is a vital read for scholars and students of global health law, public international law, international relations, and global public health. It is also beneficial for practitioners and policymakers interested in current developments in global health regulations.
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PART I WHO: DEVELOPMENT AND POWERS
1 Introduction to The Elgar Companion to the Law and Practice of the
World Health Organization 2
Scarlett McArdle and Stephanie Switzer
2 The development of the World Health Organization in context 37
Scarlett McArdle and Stephanie Switzer
3 The World Health Organization, the complexity of institutional powers,
and the growing accountability gap 75
Scarlett McArdle
4 The law governing the WHO 99
Mateja S. Platise
PART II LAW-MAKING AND THE WHO
5 Introduction to Part II: law-making and the WHO 126
Scarlett McArdle and Stephanie Switzer
6 Global health law: the centrality of the WHO 130
Brigit Toebes and Meaghan Beyer
7 Soft law of the WHO 153
Ollie Bartlett
8 The World Health Organization and the law of treaties 174
Dewi Delf
PART III THE EXTERNAL DIMENSION
9 Introduction to Part III: the external dimension 203
Scarlett McArdle and Stephanie Switzer
10 The development and implementation of human rights law in WHO
governance 208
Benjamin Mason Meier and Judith Bueno de Mesquita
11 The international health regulations and the right to health: conflicts and
harmony and the role of the World Health Organization 238
Adam Haines, Margherita M. Cinà and Gorik Ooms
12 The World Health Organization’s use of private contractual law to procure
vaccine in a pandemic 264
Abbie-Rose Hampton, Harry Upton and Mark Eccleston-Turner
13 The WHO and navigating pathogen access and benefit-sharing in a post
COVID-19 world 284
Stephanie Switzer
14 Conclusion to The Elgar Companion to the Law and Practice of the World
Health Organization 317
Scarlett McArdle and Stephanie Switzer
