Home > Research > Publications & Outputs > Ebola and the Airplane – Securing Mobility Thro...

Electronic data

  • AMA_version

    Rights statement: The final, definitive version of this article has been published in the Journal, Leiden Journal of International Law, 32 (1), pp 71-89 2004, © 2019 Cambridge University Press

    Accepted author manuscript, 986 KB, PDF document

    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

Links

Text available via DOI:

View graph of relations

Ebola and the Airplane – Securing Mobility Through Regime Interactions And Legal Adaptation

Research output: Contribution to journalJournal article

Published
<mark>Journal publication date</mark>1/03/2019
<mark>Journal</mark>Leiden Journal of International Law
Issue number1
Volume32
Number of pages19
Pages (from-to)71-89
Publication statusPublished
Original languageEnglish

Abstract

This article concentrates on a particular controversy during the 2014 Ebola outbreak in West Africa; the mass cancellation of flights to and from affected countries. This occurred despite authoritative advice against such restrictions from the World Health Organisation (WHO). During a public health emergency such as Ebola, the airplane sits at a site of regulatory uncertainty as it falls within the scope of two specialist and overlapping domains of international law; the WHO International Health Regulations (2005) and the Convention on International Civil Aviation. We explore how legal technicalities and objects, by promoting functional interactions between these two specialised regimes of law, were utilised to deal with this uncertainty. We show how the form and function of these mundane tools had a significant impact; assimilating aviation further into the system of global health security as well as instrumentalising the aircraft as a tool of disease surveillance. This encounter of regimes was law creating, resulting in new international protocols and standards designed to enable the resumption of flights in and out of countries affected by outbreaks. This article therefore offers significant and original insights into the hidden work performed by legal techniques and tools in dealing with regime overlap. Our findings contribute to the wider international law literature on fragmentation and enrich our understanding of the significance of relational regime interactions in international law.

Bibliographic note

The final, definitive version of this article has been published in the Journal, Leiden Journal of International Law, 32 (1), pp 71-89 2004, © 2019 Cambridge University Press