The Forgotten Role of WHO/International Health Regulations in Trade Responses to 2009 A/H1N1 Influenza Outbreak

Abstract

How to deal with excessive trade measures as a result of an outbreak of disease is not purely a trade issue. Rather, dealing with these issues constitutes part of the global efforts to contain a threat to human health. The experience with the A/H1N1 influenza pandemic suggests that trade restrictions against countries facing diseases remains a constant threat to better global health governance in the context of the new IHR just as it used to be under the old IHR. The missing role of the IHR in trade responses against A/H1N influenza has meant that the newly established mechanism does not effectively discourage the occurrence of excessive trade measures. In this regard, arguably, neither can the WTO effectively deal with disputes involving the rapid spread of a virus. It is also argued that the IHR mechanism should be reinforced to strengthen Members’ compliance and to establish a tailor-made dispute settlement procedure to serve the purpose of discouraging excessive trade measures in the future.