Full Description
This book examines the role of international, European and domestic responses to SARS-CoV-2 (Covid-19) in accelerating and solidifying trends of securitisation and public-private hybridisation in public health. It explores the broader legal, policy and institutional implications of the WHO declaration of a public health emergency of international concern (PHEIC) and the implementation of subsequent WHO recommendations for medical and non-medical countermeasures.
Tracing the trends of securitisation and public-private hybridisation up to the amendments to the International Health Regulations 2024 and the new Pandemic Agreement 2025, leading scholars evaluate whether emergency responses to Covid-19 aligned with human rights law and democratic governance. Chapters address key challenges including the centralisation, uniformisation and commodification of infectious disease management, the reliance on public-private partnerships, an increase of domestic executive authority, and the reduction of judicial control and maintaining accountability. The book contemplates alternative legal and institutional approaches to pandemic preparedness and responses.
Emergency Regimes for Global Health is a valuable resource for legal scholars, students and practitioners specialising in health and medical law, the law of international organisations, human rights and domestic constitutional law.
Contents
Contents
Introduction: emergency regimes for global health law 1
Amrei Müller and Silvia Behrendt
PART I THE WHO AND INFECTIOUS DISEASE
MANAGEMENT: BETWEEN SECURITISATION,
PRIVATE INFLUENCE AND ENSURING EQUITY
1 The pandemic industry: reinstituting colonialism through
public health 28
David Bell
2 The Global Health Emergency Regime and the 2024
amendments to the International Health Regulations 52
Nithin Ramakrishnan and Sreenath Namboodiri
PART II SECURITISATION AND PUBLIC-PRIVATE
HYBRIDISATION: THE WHO AND THE EU
3 Safe and effective medical countermeasures? The
International Health Regulations, the WHO's responsibilities
for the human right to health and emergency listed vaccines 88
Amrei Müller and Silvia Behrendt
4 The authority of the system of global health governance 126
David McGrogan
5 Where is the legal basis for HERA's and the EU's key role
in the securitisation and globalisation of their pandemic
preparedness and response policy? 149
Michael Geistlinger
6 Private law aspects of global pandemic preparedness,
prevention, and response 181
Günter Reiner
PART III SECURITISATION AND PUBLIC-PRIVATE
HYBRIDISATION: THE (EUROPEAN) DOMESTIC
LEVEL
7 Governing during Covid-19: comparative insights on how
health emergencies tested democracy 215
Marie-Luce Paris
8 'Lockdowns', rights violations, remedies, and the new global
health security order: lessons to be learnt from the German
experience? 244
Kai Ambos
9 Top-down versus bottom-up: WHO PHEIC Declarations and
the protection of human rights in Switzerland. A libertarian
analysis 276
David Dürr
Concluding remarks: emergency regimes for global health law 301
Amrei Müller and Silvia Behrendt
