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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.
Edited by Scarlett McArdle, Assistant Professor in Law, University of Nottingham, Stephanie Switzer, Reader in Law, Strathclyde Law School, University of Strathclyde, Glasgow, UK
ContentsPART I WHO: DEVELOPMENT AND POWERS1 Introduction to The Elgar Companion to the Law and Practice of theWorld Health Organization 2Scarlett McArdle and Stephanie Switzer2 The development of the World Health Organization in context 37Scarlett McArdle and Stephanie Switzer3 The World Health Organization, the complexity of institutional powers,and the growing accountability gap 75Scarlett McArdle4 The law governing the WHO 99Mateja S. PlatisePART II LAW-MAKING AND THE WHO5 Introduction to Part II: law-making and the WHO 126Scarlett McArdle and Stephanie Switzer6 Global health law: the centrality of the WHO 130Brigit Toebes and Meaghan Beyer7 Soft law of the WHO 153Ollie Bartlett8 The World Health Organization and the law of treaties 174Dewi DelfPART III THE EXTERNAL DIMENSION9 Introduction to Part III: the external dimension 203Scarlett McArdle and Stephanie Switzer10 The development and implementation of human rights law in WHOgovernance 208Benjamin Mason Meier and Judith Bueno de Mesquita11 The international health regulations and the right to health: conflicts andharmony and the role of the World Health Organization 238Adam Haines, Margherita M. Cinà and Gorik Ooms12 The World Health Organization’s use of private contractual law to procurevaccine in a pandemic 264Abbie-Rose Hampton, Harry Upton and Mark Eccleston-Turner13 The WHO and navigating pathogen access and benefit-sharing in a postCOVID-19 world 284Stephanie Switzer14 Conclusion to The Elgar Companion to the Law and Practice of the WorldHealth Organization 317Scarlett McArdle and Stephanie Switzer
‘If you want to understand the WHO, this is the Companion for you. This book offers up-to-date analysis of the powers of the WHO, its law-making practice, and its external impact. I recommend this book to academics in Public International Law, Global Health, and Law of International Organisations.’