Claudio Grossman Participates in Drafting of WHO Pandemics Treaty

Professor of Law and Dean Emeritus Claudio Grossman was invited to participate in the group of experts established by the World Health Organization (WHO)’s Intergovernmental Negotiating Body to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response (“INB”). The INB was established by a consensus decision aimed at protecting the world from future infectious diseases crises.

Article 19 of the WHO Constitution provides the World Health Assembly with the authority to adopt conventions or agreements on any matter within WHO’s competence. The sole instrument established under Article 19 to date is the WHO Framework Convention on Tobacco Control, which has made a significant and rapid contribution to protecting people from tobacco since its entry into force in 2005.

The INB held its first meeting in March 2022 to agree on ways of working and timelines. At its second session in August 2022 the INB discussed progress on a working draft and in September the ING entrusted several specific topics for study by eminent international experts. AUWCL Professor of Law and Dean Emeritus Claudio Grossman, jointly with another expert, were entrusted to study the concerns raised regarding sovereignty and the new pandemic instrument. This includes perspectives and experiences from other treaty systems. The study also extends to the interrelation between individual human rights, state sovereignty, and international legal obligations.

The outcome of the drafting process will be presented for consideration by the 77th World Health Assembly in 2024.