A Commentary on the International Health Regulations (2005)：A New Charter for Global Health Matters

　　The International Health Regulations 2005 entered into force in 2007. The Regulations are one of the most important instruments in the history of public health administration. They create new mechanisms to enhance individual and cooperative efforts of countries to deal with infectious diseases. The book explains the theoretical and practical background of the new Regulations and discusses the disease control regime under the Regulations. Policy makers of health matters, public health workers and researchers (including scholars and students) in the fields of public health as well as international health law or political science would benefit from this book.

　　WHO在2005年通過新的「國際衛生條例」（IHR），並在2007年生效。該條例係國際公共衛生歷史上最重要的規範。該條例創設新的機制，以強化個別國家處理屬於「國際關切的公共衛生緊急事件」的傳染病的義務與能力，也強化國際合作，以共同處理與控制此種傳染病的擴散。本書解釋新的國際衛生條例的理論與實務背景，並完整討論該條例之下的疾病控制機制。衛生事務的決策者、公共衛生從業人員、公衛領域及國際衛生法與政治學領域的研究者及學生，應均可由閱讀此書而獲益。

CHAPTER 1
INTERNATIONAL HEALTH AND THE RIGHT TO HEALTH
1.The Concept of Health
2.The Concept of International Health Matters
3.The Recognition of a Human Right to Health
4.Controlling Infectious Diseases Being an Obligation to Protect the Right to Health

CHAPTER 2
INTERNATIONAL HEALTH INSTRUMENTS PIOR TO IHR (2005)
1.The Legislative Power of WHO
2.The Age Prior to the Enactment of the IHR (1969)
3. The Enactment of the IHR (1969)
4. Some Features of the IHR (1969)
5. Achievements and Problems with the IHR (1969)

CHAPTER 3
FROM IHR (1969) TO IHR (2005)
1.The Need to Respond More Actively to the Trend of Globalization and to Make IHR More Effective
2. Decisions on the Revision of the IHR
3. Different Drafts before the Final Version
4. Particular Areas of Improvement and Their Implications
5. The Adoption of the IHR (2005) and Early Voluntary Compliance
6. Purpose and the Scope of IHR (2005)

CHAPTER 4
THE SOVEREIGNTY CLAUSE AND ITS IMPLEMENTATION
1. The Sovereignty Clause Serving as a Guiding Principle
2. The Interaction between International Health and Sovereignty
3. The Need of Giving Less Weight to Sovereign Power
4. Proper Interpretation of Article 3, paragraph 4
5. U.N. Charter and WHO Constitution Serving as Guidance

CHAPTER 5
IMPLEMENTATION PRINCIPLES: THE RESPECT OF HUMAN RIGHTS AND THE PRINCIPLE OF UNIVERSALITY
1.Respecting Human Right and Human Dignity as an Implementing Principle
2.Other IHR (2005) Provisions Supporting Human Rights
3.Public Health Measures Affecting Human Rights
4.Balancing between Human Rights and the Adoption of Health Measures to Infringe Human Rights
5.Universal Application as an Implementing Principle
6.The Relations between the Universal Application and Other Paragraphs in Article 3
7. Future Implementation of the Universal Application

CHAPTER 6
PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN
1.Different Kinds of Diseases
2.The Identification of Infectious Disease to Trigger the Measures: the Meaning of “Public Health Emergency of International Concern”
3.Method of Treating these Diseases under the IHR (2005)
4.The Decision Instrument
5.Example: the Novel Influenza in 2009 as a Public Health Emergency of International Concern
6.Negative Examples: Applying the Decision Instrument to HIV/AIDS and XDR-TB

CHAPTER 7
NATIONAL FOCAL POINTS AND WHO CONTACT POINT
1. Designation of National IHR Focal Points (NFP)
2.“National IHR Focal Point Guide”
3. WHO IHR Contact Point

CHAPTER 8
IMPROVING PREPAREDNESS THROUGH STRENGTHENING NATIONALINFRASTRUCTURE: CORE CAPACITIES OF STATE PARTIES
1. Capacity to Detect, Assess, Notify and Report PHEICs
2. Capacity to Respond Public Health Risks

CHAPTER 9
SURVEILLANCE AND RESPONSE MECHANISMS UNDER IHR (2005)
1.Institutional Arrangement for the Interaction between State Parties and WHO
2. Information Processing Stage
3. Decision Making Stage
4. Response Stage
5. Response Resources Administered by WHO
6.Institutional Arrangement within WHO: Roster of Experts, the Emergency Committee and the Review Committee

CHAPTER 10
RECOMMENDATIONS
1. Criteria for both Temporary and Standing Recommendations
2. Temporary Recommendation
3. Standing Recommendation
4. “Pandemic Influenza Preparedness and Response Guidance”
5. Recommendations with respect to persons, baggage, cargo, containers, conveyances, goods and postal parcels

CHAPTER 11
POINTS OF ENTRY
1. General obligations
2.The Designation of Airports and Ports
3.Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates
4. Ground Crossings
5. Role of Competent Authorities of Points of Entry

CHAPTER 12
PUBLIC HEALTH MEASURES
1. General Rules Concerning Health Measures on Arrival and Departure
2. Special Provisions for Conveyances and Conveyance Operators
3. Special Provisions for Travellers
4. Special Provisions for Goods, Containers and Container Loading Areas

CHAPTER 13
HEALTH DOCUMENTS, CHARGES AND IMPLEMENTATION OF HEALTH MEASURES
1. Health Documents
2. Charges
3. Implementation of Health Measures
4. Collaboration
5. Treatment of Personal Data
6. Treatment of Biological Substances

CHAPTER 14
RELEASE OF BIOLOGICAL, CHEMICAL AGENTS OR RADIONUCLEAR MATERIAL AND IHR (2005)
1.Diseases Caused by Intentional Release of Biochemical Materials: Bioterrorism
2. International Efforts in Dealing with Bioterrorism
3.WHO Decisions in the Areas of Biological or Chemical Agents and Radio-nuclear Materials
4.Debates about Whether to Include Diseases Caused by Biological, Chemistry and Radio-nuclear Materials
5.Natures of Diseases Arising from Bioterrorism and Those of Natural Epidemics
6. Bioterrorism under IHR (2005)

CHAPTER 15
RELATIONS WITH OTHER TREATIES, STATE PARTIES, DISPUTE SETTLEMENT AND ENTRY INTO FORCE
1. Compatibility with Other International Agreements
2. Special Treaties between Particular State Parties
3. State Parties
4. Making a Rejection
5. Making Reservations
6. Various Reservations and Declarations
7. Withdrawal of Rejection or Reservations
8. A State not a Member of WHO to Become a State Party of the IHR (2005)
9. DG’s Notification of the Adoption and Amendments of IHR (2005)
10. Ensuring the Implementation and Compliance of the IHR (2005)
11. Amendments
12. Dispute Settlement
INDEX

PREFACE

　　The new International Health Regulations (IHR) were adopted in 2005 and entered into force in 2007 against the background of SARS occurred in 2003. The adoption and implementation of the IHR (2005) marks a very important step in the enhancement of international cooperation on the control of infectious diseases. From the experience of the novel flu in 2009, it has been proven that the Regulations are an effective framework for countries to engage in cooperative efforts in confining and preventing such diseases. The book explains the theoretical and practical background of the Regulations and discusses the disease control regime under the Regulations.

　　Policy makers of health matters would have to know the background of enacting the Regulations, the operation of the disease control mechanism and the technicalities of applying the Regulations, so as to formulate their policies consistent with the principles embodied in the Regulations. The book provides a comprehensive basis for such purpose.

The control of infectious diseases is a main part of public health matters and should be the core component of researches for scholars and students in this field. The book could provide them with necessary knowledge in the operational aspects of the Regulations as well as the legal aspects of interpreting and applying the Regulations.

　　Researchers and students of international health law or political science who are interested in international health law should also equip themselves with the knowledge of the IHR (2005). The book is of assistance to them by providing theoretical and practical discussions on various legal and political issues concerning the control mechanisms of infectious diseases.

　　This is the first volume of the newly launched Asian Center for WTO and International Health Law and Policy Book Series. With the help of my colleagues at the center, it is hoped that there will be a lot more to be published under this series. The author would like to express his special thanks, on his own behalf and on behalf of the Center, to Professor Kevin Lin, who is an adjunct professor of our university and also teaches at Shin-Chien University Industrial Design Department. He volunteers to help us in designing the cover for the book series.

Chang-fa Lo
Asian Center for WTO and International Health Law and Policy, National Taiwan University College of Law