title: Nonbinding Legal Instruments in Governance for Global Health: Lessons from the Global AIDS Reporting Mechanism.
abstract: Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination of the Global AIDS Reporting Mechanism reveals that the choice of the nonbinding format makes an important contribution to its effectiveness. For instance, the flexibility and adaptability of the nonbinding format have allowed the global community to: (1) undertake commitments in a timely manner; (2) adapt and experiment in the face of a dynamic pandemic; and (3) grant civil society an unparalleled role in monitoring and reporting on state implementation of global commitments. UNAIDS' institutional support has also played a vital role in ensuring the continuing effectiveness of the Global AIDS Reporting Mechanism. Overall, the experience of the Global AIDS Reporting Mechanism evidences that, at times, nimbler nonbinding instruments can offer benefits over slower, more rigid binding legal approaches to governance, but depend critically, like all instruments, on the perceived legitimacy thereof.
authors.affiliation: Visiting Professor of Law at Georgetown University Law Center and an Adjunct Professor of International Relations at the Johns Hopkins University Paul H. Nitze School of Advanced International Studies.
authors.forename: Allyn
authors.initials: A
authors.lastname: Taylor
authors.affiliation: Works as Strategic Information Adviser in the Department for Strategic Information & Evaluation at UNAIDS, the Joint United Nations Programme on HIV/AIDS, headquarter in Geneva, Switzerland.
authors.forename: Tobias
authors.initials: T
authors.lastname: Alfvén
authors.affiliation: Law Fellow at the Georgetown University O'Neill Institute for National and Global Health Law in Washington, D.C.
authors.forename: Daniel
authors.initials: D
authors.lastname: Hougendobler
authors.affiliation: Chief of Political Affairs and Strategy at UNAIDS in Geneva.
authors.forename: Kent
authors.initials: K
authors.lastname: Buse
mesh_terms: D014943:Global Health / Q000331:legislation & jurisprudence*; D015658:HIV Infections; D006291:Health Policy / Q000331:legislation & jurisprudence*; D006801:Humans; D007391:International Cooperation; D019221:Mandatory Reporting; D014944:World Health Organization / Q000458:organization & administration*