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Research . 2026
License: CC BY
Data sources: Datacite
ZENODO
Research . 2026
License: CC BY
Data sources: Datacite
ZENODO
Research . 2025
License: CC BY
Data sources: Datacite
ZENODO
Research . 2026
License: CC BY
Data sources: Datacite
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The Legal Mandate of the WHO in Declaring a Pandemic: Between Soft Law and Binding Obligations

Authors: Paulini, Björn;

The Legal Mandate of the WHO in Declaring a Pandemic: Between Soft Law and Binding Obligations

Abstract

The World Health Organization (WHO) holds a central position in international health law as the coordinating body for global public health. The legal basis and binding force of its pandemic declarations remain unclear. This article examines the WHO's legal mandate under the International Health Regulations (IHR 2005), with a focus on Article 12 and the procedure for determining a Public Health Emergency of International Concern (PHEIC). While the IHR provide a binding frame for the notification and assessment of global health threats, the subsequent classification as "pandemic" carries no autonomous legal effect. The resulting gap between soft-law guidance and enforceable obligation weakens accountability and exposes the structural tension between state sovereignty and collective responsibility. Future treaty reform — particularly the forthcoming pandemic instrument under Article 19 of the WHO Constitution — should codify clearer triggers, transparency duties, and compliance mechanisms.

Keywords

who, accountability, pandemic declaration, pheic, soft law, article 12, international law, ihr 2005

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science