The Accountability of International Organization: A Case Study of the World Health Organization and its H1N1 Pandemic Decision-Making
C.F. Wu (ed) Biannual of Technology Development and Legal Norms – Human Rights Dimension of Science and Health. Institutum Iurisprudentiae, Academia Sinica, 385-451 (in Traditional Chinese)
Posted: 21 Mar 2013
Date Written: March 21, 2013
Abstract
Using the World Health Organization (the WHO) and its H1N1 pandemic decision-making process as a case study, this article examines the accountability of international organizations. In articulating the analytical framework, this article relies upon the Berlin Conference Report of the International Law Association and Draft Articles on the Responsibilities of International Organizations adopted by the International Law Commission. An international organization may be firstly called into account for breach of the constitutive instruments. Liabilities may arise from acts infringing on international obligations, which thus constitute international wrongful acts. Liabilities may also arise when an act of the international organization concerned, while not infringing on international obligations, causes tortuous damages to individuals or organizations. This article then applies this framework to the WHO and examines its H1N1 Pandemic decision-making process with a special focus on the emergency committee and the review committee. It also reflects on whether the parliamentary assembly of the Council of the Europe may hold the WHO to account.
Keywords: international organization, accountability, international wrongful acts, World Health Organization, H1N1 decision making, emergency committee, expert committee, review committee, WHO Constitution International Health Regulations
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