In 2023, we published a preliminary version of this model law as the negotiations of the WHO aiming at the conclusions of a WHO Pandemic Agreement were still ongoing. Now that the WHO Pandemic Agreement has been finalised, so has this model law. 

Download the Revised Pandemics Model Law

The model law was supplemented by additional provisions and entirely new sections. These sections are marked A. or B. after the number.

The model law was kept quite concise. It can and should be supplemented by provisions listed in the following documents from us:

Cross-sectoral Standard Provisions;

List of Powers and Obligations; 

List of Sanctions and Collateral Measures.

In view of the different implementation capacities of jurisdictions, including those of developed economies, the following colour coding is used in this Model Law on the Prevention of Pandemics:

• Green stands for provisions which are “technically easy to implement” or “unavoidable / essential whilst being of medium difficulty to implement”; we thus recommend the green provisions for all jurisdictions. 
• The provisions marked in yellow are all of medium difficulty. 

The model law is constructed in such a way that it could “stand” with the green provisions alone, but that the sections or provisions in yellow can be added as extension modules.

In the above, we refer to the aspect of technically simple and medium  implementation. This parameter alone should not be the basis on which provisions are included or excluded in a particular regulation. What is more important is the overall quantitative implementation and in particular, the enforcement capacity of the jurisdiction, even very advanced technical jurisdictions should consider this carefully. Hence the following questions need to be answered:

• Do we have the necessary (quantitative) enforcement capacities to enforce all the provisions we deem ideal? 
• If not, which provisions shall we mainly focus on in terms of enforcement, where shall we steer our resources? 

As a result of this sequence of questions, even some provisions marked in green will need to be eliminated at the end of the day, and this even in technically very advanced jurisdictions. Again, we encourage the regulator to be selective.