Is it time for the creation of a Convention on Pandemic Suppression (COPS)? Please note that most Acts are published in English and another South African official language. However, that sovereign right is not unlimited. Questions? Definitions; 2. Part VII: Québec’s Public Health Act and Civil Protection Act. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. In addition to breaches of reporting obligations, affected States, international organisations and private entities might challenge as discriminatory travel bans that, without a strong scientific basis, were directed at citizens from only certain countries. INTERNATIONAL HEALTH REGULATIONS ACT, 1974. On the other hand, it provides that “[s]uch measures shall not be more restrictive of international traffic and not more invasive or intrusive to persons than reasonably available alternatives that would achieve the appropriate level of health protection.”. ”ACC Newsstand is another  useful, tailored and easily accessible resource that coincides directly with our focus on saving ACC members time, money and effort.”, © Copyright 2006 - 2020 Law Business Research. The International Health Regulations (IHR) are an international legal instrument that is binding on 194 countries across the globe, including all the Member States of WHO. These measures will probably give rise to a very significant number of legal disputes. Short title This Act shall be called the International Health Regulations Act, 1974. The Health and Safety at Work etc. Introducing PRO ComplianceThe essential resource for in-house professionals. 22 of 2007) 24 and the Choice on Termination of Pregnancy Act, 1996 (Act No. The public health and economic impact due to infectious diseases can cause great harm to humans and severely damage a country’s resources. IHR (2005) is coordinated by the World Health Organization (WHO) and aims to keep the world informed about public health risks and events. However, “[o]f these 72 States Parties, [the] WHO received [only] 23 (32%) official reports from States Parties about their travel restrictions.” As of 9 March 2020, a total of 45 States Parties had provided the WHO with the public health rationale for their Additional Measures. Contact Phone numbers: 012 3958213/4 and 8314 . World Health Organization Declares Coronavirus a Global Health Emergency. The IHR’s material scope is understandably limited. What is the Health and Safety at Work Act? 7. When in doubt, States and other actors should seek qualified legal advice, including in order to protect their own rights and consider the dispute resolution mechanisms potentially available to them. In this context, a number of measures implemented by WHO States Party to tackle the COVID-19 will be closely scrutinised in the coming months, particularly once the more pressing health emergency has improved. Of course, we are still in the early days of this crisis and circumstances might change. IHR Article 43 further reflects this necessary balance. In that scenario, “the arbitration shall be conducted in accordance with the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two States applicable at the time a request for arbitration is made”. The COVID-19 Recommendations included that: (i) China implement a comprehensive communication strategy to keep the population regularly informed of the outbreak; (ii) China conduct screenings at international airports and ports to facilitate early detection of symptomatic travellers; (iii) all countries be prepared for containment of the outbreak, including early detection, isolation and case management and prevention of onward spread; and (iv) “the global community […] suppor[t] each other on the identification of the source of this new virus […] and research for developing necessary treatment”. International Health Regulations Act 28 of 1974 Ordinance for Prevention and Combating of Alcoholism and Anti-Social Conduct Act 11 of 1965 Public and Environmental Health Act 1 of 2015 The Health and Safety at Work Act 1974 (often referred to as the HASAWA or HSW) is the main piece of UK legislation that details the duties of employers regarding health and safety in the workplace. Update count: 7. Schedule INTERNATIONAL HEALTH REGULATIONS [RSA Proclamation R.139 of 1975 (RSA GG 4741) amends this Schedule to incorporate the amendments to the Notably, Article 43 also requires States Party to provide to the WHO the “public health rationale and relevant scientific information” behind additional health measures that both: (i) go beyond the Recommendations; and (ii) “significantly interfere with international traffic” (“Additional Measures”). IHR International Health Regulations . With trade and travel expanding on a global level, the opportunity for greater disease transmission also increases. Keep a step ahead of your key competitors and benchmark against them. In exercising their sovereign right to implement health measures to safeguard their citizens’ health, States should be mindful of their international obligations under the IHR, other applicable instruments and customary international law more generally. 3 Act 1974” (HASAWA, alternately HSWA 1974 or HASWA) is the primary piece of legislation governing occupational health and safety in the United Kingdom. Upholding the rule of law can limit the devastating consequences of this crisis. What is the Health and Safety at Work Act 1974? For its part, Article 43(7) provides that “any State Party impacted by [an Additional Measure] may request the State Party implementing such a measure to consult with it […] to clarify the scientific information and public health rationale underlying the measure and to find a mutually acceptable solution”. For example, pursuant to IHR Article 56(5), disputes between States and the WHO regarding the interpretation and application of the IHR can be submitted to the World Health Assembly – the WHO’s decision-making body. For example, the WHO noted that, as of 7 February 2020, “a total of 72 States Parties were identified to be implementing travel restrictions”. Given the need to expand the scope to include new epidemics and to improve global … Client Alert: Could the COVID-19 pandemic inspire the development of a United Nations Convention on Pandemic Suppression? Further highlighting the interrelation between the matters regulated by the IHR and States’ other international law obligations, IHR Article 57 provides that: (i) the IHR and other relevant international agreements “should be interpreted so as to be compatible”; and (ii) “[t]he provisions of the IHR shall not affect the rights and obligations of any State Party deriving from other international agreements”. Promulgation of notices and regulations by Minister of National Health and Population De; 4. The travel bans recently implemented by numerous States would likely fall within this category of measures. Transitional provisions 8 (1) Anything done under a provision of law repealed by section 7 Some of those measures were based on the COVID-19 Recommendations. IMT Incident Management Team . Cape Town; Natal Harbour, Durban; East London Harbour; Port Elizabeth Harbour and Walvis Bay Harbour approved ports, as required by article 17 (1) of the International Health Regula­ Act No. The International Health Regulations The International Health Regulations Act 28 of 1974 Trade Metrology Act 77 of 1973 Liquor Products Act, 60 of 1989 Genetically Modified Organisms Act 25 of 1997. Indeed, the COVID-19 Recommendations expressly highlighted the correlation between travel bans and the States Party’s reporting obligations under Article 43. International Health Regulations Bill A draft Bill providing for the repeal of the International Health Regulations Act (28 of 1974), and incorporating the International Health Regulations of 2005 into domestic law, was gazetted for comment in October 2013. 2017 - 2020 - Copyright Namibia Legal Database, International Health Regulations Act 28 of 1974, Public and Environmental Health Act 1 of 2015, Foodstuffs, Cosmetics and Disinfectants Ordinance 18 of 1979, Ordinance for Prevention and Combating of Alcoholism and Anti-Social Conduct Act 11 of 1965. States Party must comply with this obligation within 48 hours of implementation of any Additional Measures. IEM Integrated Emergency Management . Applicants for Yellow Fever Licences may be medical practitioners, nurses or Application of International Health Regulations in Republic; 3. First introduced in 1969, IHR is global legislation requiring countries to link and coordinate specific actions.1 These regulations were originally designed to control cholera, plague, yellow fever, smallpox, relapsing fever and typhus. Their terms are generic. The IHR themselves provide for a number of dispute settlement mechanisms that could address at least part of these issues. Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two States, The Paris Agreement on Climate Change: implications for business and government, Client Alert: The United Nations Human Rights Committee does not give States a carte blanche to violate their human rights obligations in response to the COVID-19, Dutch Court of Appeal reinstates USD 50 billion Yukos awards, Arbitral tribunal issues landmark decision in the South China Sea case, Investor-State arbitration - Protecting investments before it is too late. Become your target audience’s go-to resource for today’s hottest topics. 28 of 1974) states that no person may administer yellow fever vaccine unless he or she is a licence holder. Currently … The IHR are a Please contact customerservices@lexology.com. A number of these measures could trigger international disputes. ICD Infection Control Doctor . For example, on the one hand, Article 43 makes clear that the IHR “shall not preclude States Parties from implementing health measures […] in response to […] a PHEIC, which […] achieve the same or greater level of health protection than WHO recommendations”. The draft Bill provides for the repeal of the International Health Regulations Act (28 of 1974), and the incorporation of the International Health Regulations (IHR) of 2005 into domestic law. While bi- and multilateral communication and collaboration are the foundation for global control of infectious disease epidemics, they are strengthened by the International Health Regulations (IHR). IMT Incident Management Team . The act defines the general duties of everyone from employers (section 2) and employees (section 7,8) to owners, managers and … Health and Safety at Work Act 1974 – the UK’s most important health and safety legislation In the 1936 dark comedy Modern Times, Charlie Chaplin is the personification of the cog in a machine, a factory worker employed on an accelerating assembly line, where he screws nuts at an ever-increasing rate onto pieces of machinery. It is a prerequisite for the Department to issue a yellow fever licence to authorized prescribers before … Background . Chapter V of the Supplementary Regulations made under the International Health Regulations Act, 1974 (Act No. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. IPCT Infection Prevention and Control Team . International Health Regulations Act, 1974 To apply the International Health Regulations, adopted by the World Health Assembly, in the Republic, and to … Publication of Text of International Travel and Health : Vaccine Requirements and Health Advice (World Health Organisation). The International Sanitary Regulations Act, 1952, is hereby repealed. As the key legal instrument regulating the “international spread of disease”, the IHR will play a role in at least part of those disputes. G.G.29670 - Friday, March 9, 2007. That provision requires States Party to attempt “in the first instance to settle the dispute through negotiation or any other peaceful means of their own choice”. Equally, States might be accused of contributing to the stigmatisation of citizens from certain States. In addition, “Countries [were] cautioned against actions that promote stigma or discrimination, in line with the principles of Article 3 of the IHR”. section 3 (1) of the International Health Regulations Act, 1974 (Act 28 of 1974). THE INTERNATIONAL HEALTH REGULATIONS ACT, 1974 (ACT 28 OF 1974) LICENCING UNIT . Equally, Article 3(4) reaffirms that States Party “have […] the sovereign right to legislate and to implement legislation in pursuance of their health policies”. . Filter by Country. What Is the Trade Act Of 1974 The Trade Act of 1974 is a piece of legislation passed by the U.S. Congress to expand American participation in … That same day, the Director-General issued a number of Recommendations (the “COVID-19 Recommendations”), pursuant to IHR Articles 15 and 49. These include investment treaties and international agreements concerning specific industries, such as aviation and tourism. International construction business, COVID-19 and reasons to excuse performance or not! The International Health Regulations ... Other States might be accused of failing to act “without delay”, causing unjustified injury to a variety of actors. Three Legal Questions Arising from the Outbreak of the Coronavirus in China, COVID-19: Can they do that? The IHR provide States with wide discretion as to how to respond to a PHEIC and related Recommendations. Other States might be accused of failing to act “without delay”, causing unjustified injury to a variety of actors. These include investor-State disputes, intra-State disputes and disputes among international organisations and States. And tourism ahead of your key competitors and benchmark against them and tourism to learn Lexology... Ways to the COVID-19 Pandemic inspire the development of a Convention on Pandemic Suppression ( COPS?... Dispute settlement mechanisms that could address at least part of these measures will probably give rise to a and... 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