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Year : 2023, Volume : 9, Issue : 1and2
First page : ( 40) Last page : ( 60)
Print ISSN : 2277-4904. Online ISSN : 2277-4912. Published online : 2023  28.
Article DOI : 10.5958/2277-4912.2023.00004.8

An analysis of the existing International legal instruments on bioterrorism

Chatterjee Badal*

Guest Faculty, National University of Advanced Legal Studies, Kochi

*Email id: badalchatterjeeindia@gmail.com

Online Published on 28 February, 2024.

Abstract

Physicians and public health officials worldwide would stand at the frontline of a bioterrorist attack’s devastating health consequences. Overwhelmed hospitals and health facilities, struggling with routine demands, would face a surge of casualties and panic-driven patients. Confusion and fear would grip infectious disease specialists grappling with the aftermath of a biological weapons attack. The scarcity of medical supplies and staff, potentially exacerbated by absenteeism, could cripple response efforts and disease control. Public order would crumble under the weight of this crisis. A crucial, often overlooked aspect of bioterrorism’s threat to public health is the reliance on law to effectively manage such emergencies. Linking public health and the law reveals that bioterrorism also poses a serious threat to the framework regulating public and private behavior globally. This article examines three significant challenges bioweapons would pose to the rule of law internationally. The past decade has witnessed significant legal reforms aimed at improving bio-preparedness across countries. These reforms have focused on: Rebuilding government response capabilities at all levels to enhance efficiency and coordination; Establishing a legal framework for ‘public health emergencies’ to provide clear authority and resources for response efforts; Overhauling existing legal norms to define the roles and responsibilities of public and private actors during emergencies. However, navigating the intricate relationship between law and bio-preparedness is not without its challenges. Controversies and conflicts arise between policymakers, public health officials, emergency managers, civil libertarians, and academics. Unresolved issues remain, including Interjurisdictional coordination across national borders during an international crisis; Duplication and confusion caused by overlapping legal declarations of emergency, disaster, and public health emergencies; Real-time legal decision-making in the face of rapidly evolving situations; Liability protections for emergency responders and organizations. This article delves into the evolving story of law’s role in bio-preparedness, highlighting its importance in minimizing casualties and effectively managing public health emergencies worldwide.

Public health legal preparedness is a core foundation of our ability to ensure the nation is prepared to prevent, respond to, and reduce the adverse health effects of public health emergencies and disasters.1

– Rear Admiral Craig Vanderwagen and Tanya Popovic

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Keywords

Analysis, Bioterrorism, Existing, International, Legal instruments.

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