On The Improvement Of The Compliance Mechanism Of "International Health Regulations (2005)"

After the outbreak of the COVID-19 pandemic in 2019,many member states of the World Health Organization have violated the obligations of the International Health Regulations(2005)to varying degrees.These non-compliance behaviors have led to the global pandemic.By reviewing the outbreaks and responses of Ebola,H5N1 and H1N1,it can be concluded that member states fail to comply with the obligations of International Health Regulations(2005)has become the norm,and the International Health Regulations(2005)lacks after-event Punishment and precautionary mechanisms to deal with these violations.And Its dispute settlement mechanism is primitive and vague,which is difficult to hold accountable for breach of contract.By analyzing several PHEIC events,the fact that member states were violating the rules of International Health Regulations 2005 during those events could be found out.Then,by learning from the international law compliance theory and the international environmental treaty compliance mechanism,the compliance mechanism of the International Health Regulations 2005 can be improved.The compliance mechanism can be constructed from the following aspects: setting up precautionary and postmortem mechanisms for non-compliance,improving dispute resolution mechanisms,establishing positive incentive mechanisms and so on.China should explore the institutional path for establishing the compliance mechanism of the International Health Regulations(2005),and suggestions could be following: the legislation of domestic laws,promoting the passage of the proposal of improving compliance mechanism in the World Health Assembly,and the participation in the formulation of relevant international soft laws.In this way,The concept of "a community of common health for mankind" can be practiced.