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" A BRIEF OVERVIEW OF THE HEALTH A BRIEF OVERVIEW OF THE HEALTH REGULATION UNDER INTERNATIONAL LAW By Kamran Adil I- LEGALITY OF THE INTERNATIONAL HEALTH REGULATIONS The readily referred to international legal framework dealing with health is a document styled as the International Health Regulations, 2005 (IHR, 2005) issued by the World Health Organization (WHO). The legality of IHR, 2005 can be traced back to the UN Charter through its linkages with the Specialized Agencies. The UN Charter recognizes the concept of Specialized Agencies having 'wide international relationship'. WHO is one such Specialized Agency having its own Constitution. The WHO's Constitution is essentially a treaty and conforms to the definition of treaty as provided under the law of treaties. The Constitution of the WHO constitutes a Health Assembly comprising all Members to the WHO and the Health Assembly has been authorized to 'adopt' Regulations. The scope of Regulations has been provided in the WHO Constitution and comprises five broad areas, out of which one relates to 'sanitary and quarantine requirements and other procedures designed to prevent the international spread of disease'. Accordingly, since 1951, various Regulations were adopted. The latest Regulations are the IHR, 2005. Whereas, the Constitution of WHO may be treated as a treaty having force of international law, the Regulations are not part of the treaty law and are based on derived legal authority from the treaty and at best be treated as an international soft law on the subject or as 'treaty derived'. II- COVID-19 AND IHR, 2005 On 11th March, 2020, COVID-19 was declared a pandemic by the Director General, WHO. The declaration of COVID-19 as a pandemic raised its response at international level. The IHR, 2005 provides an…
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