21 September 2022: CIL Director Dr Nilüfer Oral Was Invited to Participate in the Intergovernmental Negotiating Body (INB) Informal, Focused Consultation on Legal Matters

Dr Oral was invited to share her expertise on “Structural and framework considerations” under her capacity as United Nations’ International Law Commission

The mandate of the INB was established by the World Health Assembly in decision WHASS2(5), pursuant to which the INB is to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response, with a view to adoption under Article 19, or under other provisions of the WHO Constitution as may be deemed appropriate by the INB.

Pursuant to that mandate, at its second meeting the INB “agreed that the instrument should be legally binding and contain both legally binding as well as non-legally binding elements. In that regard, the INB identified that Article 19 of the WHO Constitution is the comprehensive provision under which the instrument should be adopted, without prejudice to also considering, as work progresses, the suitability of Article 21. This identification is made mindful that the decision will be made by the World Health Assembly.”

Further information and documentation regarding the INB, including from past meetings, is available on the WHO website (https://apps.who.int/gb/inb/), including the Working Draft, presented on the basis of progress achieved, for the consideration of the INB at its second meeting and the paper entitled “Background information related to the identification by the Intergovernmental Negotiating Body of the provision of the WHO Constitution under which the instrument should be adopted”, prepared by the WHO Secretariat for the second meeting of the INB.