Disease Outbreak Disclosure and Trade in Goods: A Specific Instances Inquiry Mechanism?

Abstract

How can the world do better at responding to potential pandemics at an early stage? Intense consideration is being given to this question as the World Health Organization (WHO) seeks to build on formal reviews of the global response to the COVID-19 pandemic and the functioning of the WHO’s International Health Regulations. A significant aspect of epidemic prevention relates to the disincentives to reveal new disease outbreaks that may flow from export-dependent States’ concerns about encountering a response characterized by excessive restrictions on international trade in their products. This problem has maintained a low profile in the context of COVID-19, where the nature of the disease has called for restrictions on the movement of people rather than products. Yet a central learning from COVID-19 has been the importance of early disease outbreak notification. WHO and World Trade Organization (WTO) procedures for dealing with complaints do not adequately cater to this problem. Options to increase accountability for import restrictions and promote early disease notification include a specific-instances joint WHO-WTO inquiry mechanism to cast greater light on disease-related trade bans.

Keywords: World Trade Organization, World Health Organization, International Health Regulations, SPS Agreement, “traffic and trade”, “additional measures”, global regulatory standards, regulatory coherence, science

JEL Classification: K33