The pandemic declaration of the World Health Organization (WHO) has no explicit legal basis in the International Health Regulations (IHR 2005). Yet its political and communicative effect is global. Drawing on the COVID-19 experience, this article examines how political interests, diplomatic considerations, and internal dynamics among WHO bodies have shaped that decision. The pandemic declaration moves within a field of tension that extends well beyond the formal IHR mechanism. In the absence of a legal frame, it is particularly sensitive to political factors that resist transparency. Reform options are discussed in light of the forthcoming pandemic instrument under Article 19 of the WHO Constitution.
Björn Paulini (Thu,) studied this question.