Published on 31 March 2021 in Client Alerts
On 30 March 2021, the leaders of 25 States, the European Union and the World Health Organization published an article endorsing the idea of a treaty to coordinate international responses to pandemics.
Since the early days of the COVID-19 pandemic, Volterra Fietta has been proud to provide thought leadership in support of the creation of an effective multilateral treaty to facilitate effective global responses to future pandemics (see here, here and here).
The World Health Organization’s International Health Regulations (the “IHRs”) are not designed to ensure the kind of legally binding global cooperation and coordination required to control and confront global pandemics. The IHRs have failed to prevent States from: (i) withholding vital information; (ii) sealing-off their borders; and (iii) engaging in uncooperative actions in relation to vaccines and other medical supply. Whilst the IHRs discourage that type of behaviour, its provisions are not actually enforceable. For example, a number of its provisions are not mandatory, and others are so broadly phrased that they effectively allow States to interpret them at will. What is more, the IHRs lack mechanisms to ensure compliance.
In April 2020, Volterra Fietta proposed the creation of an effective treaty on pandemic suppression so as to redress those deficiencies. The Convention on Pandemic Suppression first envisaged by the firm would contain clear, mandatory and enforceable standards for global cooperation in pandemic-suppression. It would reference science-based standards and interpretations. Its implementation would involve binding third-party monitoring. And it would provide for binding mechanisms to settle disputes and ensure enforcement of its provisions. Public international law has the tools required to fashion such an instrument, as long as there is sufficient political will on the part of governments.
Perhaps the time has come.
On 2 December 2024, representatives and legal counsel of Barbados made oral submissions to the International Court of Justice (the “Court”) in the climate change advisory proceedings (the “Obligations of States in respect of Climate Change Case”).
Learn moreThe global awards Lexology Index (formerly Who’s Who Legal) recognised three of Volterra Fietta’s lawyers in its 2025 edition for Arbitration.
Learn moreBarbados completed the first ever debt swap for climate resilience. The transaction generates USD 125 million for Barbados in fiscal savings, which it will use “to enhance water resource management and increase water and food security”. Barbados is a small island developing State, which is facing the destructive effects of climate change. The climate crisis
Learn moreOn 21 November 2024, Volterra Fietta partner Ahmed Abdel-Hakam was appointed to the International Law Committee of the New York City Bar Association. Ahmed’s selection by the New York City Bar Association was made despite the fact that he is not a member of the Association or even qualified to practice in New York. It
Learn more