Hello. Good morning. Good afternoon. Good evening. My name is Gian Luca Burci. I am an adjunct professor of international law at the Graduate Institute of International and Development Studies in Geneva, and in my former professional life, a lawyer in the United Nations system for almost thirty years, including ten years as legal counsel for the World Health Organization (WHO).

Alcohol is the sole major psychoactive substance with a huge negative public health and social impact without some form of international control grounded in a binding treaty. While existing rules of international law, in particular in the economic field, favour liberalisation and may hinder strong national alcohol control measures, we may be witnessing a turning of the tide due to the growing mobilisation against non-communicable diseases. The Framework Convention on Tobacco Control has been a ground-breaking development in this sense, and has led policymakers and advocates in a number of countries to raise the possibility of a similar convention on alcohol control. The present contribution compares tobacco and alcohol from this perspective and considers the feasibility of a dedicated international convention. It concludes that the political prospects of a movement in this direction are very dim at the present time; however, policy developments on other health problems and theoretical models emerging from constructivist international relations scholarship may open up promising perspectives for considering normative and institutional approaches that could strengthen the existing legal framework and facilitate political processes towards stronger forms of legalisation of global alcohol control.

I would like to thank Professor Dreyfuss for inviting me to participate in such an interesting panel and even more to applaud the family of late Professor Vagts for honoring his memory and keeping alive his scholarship through these annual events.

The United Nations (UN) Security Council, for the first time in its history, declared a disease outbreak as “a threat to international peace and security” on September 18, 2014. An outbreak of Ebola in West Africa, the most harmful outbreak of this disease ever recorded, gave it cause to do so. The Ebola outbreak also marked the first time that the UN Secretary-General deployed, under his authority, a “United Nations emergency health mission”—neither a peacekeeping operation, nor a “political mission.” Finally, the Ebola outbreak motivated the World Health Organization (WHO) to make use of its authority to declare a “public health emergency of international concern” under the International Health Regulations (IHR) for the third time since their entry into force and induced the WHO Director-General to convene, for the third time in WHO’s history, a special session of the WHO Executive Board to reform WHO’s role in disease outbreak response. The materials presented below form essential background to these important developments in international health law and in the institutional practice of the United Nations system.

The election of the World Health Organization (WHO) Director-General is governed by its Constitution in Article 31. Candidates must be appointed by the Health Assembly on the nomination of the Executive Board. Unlike other international organizations in which the decision-making process is largely informal—such as the IAEA and WTO—the WHO procedures were formalized in the 1990s to include: clear deadlines; an initial screening of all candidates; short-listing by secret ballot in case of more than five candidates; compulsory secret ballot voting both in the Board and the Assembly; and a limit of two terms of office of five years each. However, beginning in 2006, some regional groups strongly demanded the introduction of a compulsory rotation of the post of Director-General among the WHO’s regions. The equally strong rejection of that request by other regional groups led to an increasingly polarized debate in the governing bodies of the WHO.

The Conference of the Parties to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) adopted by consensus, at its fifth session held in Seoul from November 12 to 17, 2012, the Protocol to Eliminate Illicit Trade in Tobacco Products. This instrument is the first protocol to be adopted within the framework of the FCTC and is open to participation by parties to the FCTC.

This article is written in memory of Judge Carl-August Fleischhauer, who died on 4 September 2005, aged 74, during the first year of his retirement after a long and rewarding career in the service of both his native country Germany and the United Nations. The first part of the article sketches Judge Fleischhauer's background and career before being elected to the International Court of Justice, the second part describes his contributions to the work of the Court, and in the last part the authors reflect on the significance of Judge Fleischhauer's contributions to international law.