DESPRE ELABORAREA ŞI ADOPTAREA UNUI INSTRUMENT INTERNAŢIONAL PRIVIND PANDEMIILE, SUB EGIDA ORGANIZAŢIEI MONDIALE A SĂNĂTĂŢII
ON THE DEVELOPMENT AND ADOPTION OF AN INTERNATIONAL INSTRUMENT ON PANDEMICS UNDER THE AUSPICES OF THE WORLD HEALTH ORGANIZA

Summary/Abstract: The crises caused by the COVID-19 pandemic have become a major problem in which the states have begun to better reflect their interests. On the verge of negotiations, the member states of the World Health Organization are preparing for the negotiation stage. As each state pays a regular contribution to membership, the question arises of how individually WHO members participate in the development of specific rules within the organization. The question of each contributor is: am I and will I be a policy maker or a policy taker? In the latter case, perhaps the position of states that are not active and do not impose themselves in the elaboration of the organization's regulations, should remain only subscribed to the newsletter, without paying the specific contribution. What is the responsibility of international organizations? Another question is: what rights do consumers of medical / health services have? Do they have the right to a referendum on issues in this area? This article aims to establish the starting point and an objective overview of the forthcoming negotiations during this period, given that the newly created Intergovernmental Negotiating Body as a subdivision of the organization aims to develop and negotiate a convention, agreement or of another WHO international instrument on pandemic prevention, preparedness and response. Therefore, the outcome of the negotiations may be the signing of any type of international instrument. By international instruments, we mean the sources of public international law. It is difficult to predict how and if this goal will be achieved, so we will follow the significant developments in the near future. For the purpose of this article, we used a fundamental research method (directed for the purpose of knowledge) on the part of the research that identifies the relevant issues, with prospective ramifications and the identification of particularities that promote the coherence of hypotheses. The notions we referred to will be exposed by using the most efficient methods, such as exploratory, descriptive but also explanatory.

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