International Pandemic Lawmaking
The SARS-CoV-2 pandemic has exposed the gross inequalities and inequities of health care access, as well as the symbiosis between human rights, health care, politics, economics, and the law. This symposium sheds light on the inequities and imbalances exposed by global pandemic response, and advocates recommendations on which principles should guide the framing and drafting of a potential international instrument on pandemic preparedness and response.
Amid the unfolding „moral catastrophe“ of COVID-19, and across the entries in this symposium, we see a clamor for any pandemic law-making exercise to promote more justice in global health. However, this universally-embraced imperative masks a wide array of divergent views about the nature and sources of inequalities in global health, and in turn what should be done if we were to think beyond a narrow pragmatism of the moment.
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This final webinar of the 'International Pandemic Lawmaking: Conceptual and Practical Issues' Symposium will bring together leading scholars to critically discuss cross-cutting themes of the Symposium, and key points of contention and recommendation for the future of global pandemic governance.
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The COVID-19 pandemic has raised unprecedented challenges for the global health framework and its long-term consequences are not yet in full sight. The alarm mechanism based on the declaration of Public Health Emergency of International Concern (PHEIC), in particular, has been severely tested. As underlined by some scholars, a reform of the PHEIC’s mechanism would not solve the core issues of the alert and response system behind the IHRs, that do have mainly a political dimension.
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Any future international treaty or instrument on pandemic preparedness and response should refrain from further perpetuating an understanding of international borders that is primarily based on considerations of territoriality – rather, it should ensure that borders are no longer a constitutive element determining the international community’s effort of fighting the spread of dangerous diseases.
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The COVID-19 pandemic has blatantly exposed the flaws of the World Health Organization (WHO) and its International Health Regulations (IHR) in addressing cross-border communicable diseases. We argue that the IHR is ill-designed: its rules and mechanisms are disproportionately tied to the Director General’s (DG) exercise of power, rendering insufficient member access to and participation in core decision-making and greater tendency of regulatory capture.
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Considering the unprecedented suffering caused by COVID-19, any future pandemic lawmaking should be informed by public consultations that prioritize hearing the experiences of people most affected by the crisis, and that facilitate their identifying the redress and reforms they want. Such a process will be critical to rebuilding trust in public institutions.
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Piecemeal and fragmented policymaking during Covid-19 underscored the need for an equity-focused global health agenda. Yet, most responses were nationally-focused, lacked global commitment and solidarity, failed to notify the WHO of novel outbreaks, and were non-compliant with its professional recommendations.
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Amid contention that global governance was unprepared and incapacitated in its response to the COVID-19 pandemic, this November, a special session of the World Health Assembly will convene to discuss a potential international instrument on pandemic preparedness and response. As part of the "International Pandemic Lawmaking: Conceptual and Practical Issues" symposium which is publishing critical insights and recommendations for this potential pandemic treaty each day on Bill of Health and Verfassungsblog, this is the second webinar examines the issues, challenges and opportunities related to scientific innovation.
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More inclusive models for scientific data sharing at the international level clearly can and must be devised. Doing so will require stronger commitments by states, improved multilateral mechanisms, and legal rules that facilitate the fair allocation of fruits of scientific progress without influence from competing agendas.
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By relying on the private sector in the context of COVID-19, many countries are struggling to secure adequate personal protective equipment, testing kits, and, more importantly. life-saving vaccines. A radical paradigm shift is needed from a market-based paradigm to one that encourages more scientific collaboration transcending national, regional, and global levels.
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COVID-19 demonstrated the interconnectedness of the world and that our collective protection and well-being is contingent on our individual response. The importance of solidarity and acting in the public interest became key messages in public health, as too were these principles justified as the basis for data-sharing across borders. Accessing this data was critical and its timely access to this data was essential in research for the much-needed new vaccines.
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In this brief essay, we wish to highlight some insights from behavioural economics that can contribute to a successful process of international pandemic lawmaking. Our interest here is not to engage with individual or collective psychological reactions to pandemics or other large-scale risks, or with substantive policy made in their wake. Several such behavioural issues and dimensions have been dealt with elsewhere, not without (ongoing) spirited debate. Here, however, while building on related frameworks of analysis from the field of behavioral economics, as applied to international law (including nudge theory), our focus is on the process and design of pandemic international law-making.
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Our international norms are arguably ill adapted to emergencies such as pandemics. In this contribution I discuss a potential remedy for one related challenge, namely a cooperation amongst competitors for the accelerated development of vaccines. A way to foster cooperation could be the use of fair, reasonable and non-discriminatory (‘FRAND’) terms to the licensing of pandemic-essential intellectual property rights (IPR).
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A pandemic instrument should recognize the changed landscape of the international community and enhance roles for and communication between regional and global governmental bodies and especially non-governmental actors. I recommend a new international instrument on pandemic response be explicit about reporting requirements when governments suspend rights during such emergencies.
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The pandemic status is also a political exercise and a way to phrase a crisis according to political interests. As long as some diseases do not reach a pandemic level, they would not elicit the immediate financial help and international cooperation, which has at least been promised (if not delivered) during COVID.
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Setting out new norms and arrangements for the provision of global public goods for pandemic preparedness and response should be a centrepiece of a new legal instrument that is capable of challenging market power, and builds on human rights principles in synch with the age of hyper-globalization.
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Amid contention that global governance was unprepared and incapacitated in its response to the COVID-19 pandemic, this November, a special session of the World Health Assembly will convene to discuss a potential international instrument on pandemic preparedness and response. Marking the launch of the 'International Pandemic Lawmaking: Conceptual and Practical Issues' Symposium, this webinar will bring together leading scholars to critically discuss cross-cutting themes of the Symposium, and key points of contention and recommendation for the future of global pandemic governance.
Continue reading >>
The COVID-19 pandemic has been characterized by mistrust in science, the manipulation of science for political purposes, the “infodemic” of mis- and disinformation, and a repeated failure to base policy decisions on scientific findings. The crisis of confidence in scientific analysis is paradoxical and disquieting, particularly in light of increasing international regulation to manage acute or systemic risks and its reliance on science.
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The SARS-CoV-2 pandemic has brought global health structures into sharp relief: it exposed the gross inequalities and inequities of health care access, as well as the symbiosis between human rights, health care, politics, economics, and the law. This symposium, “International Pandemic Lawmaking: Conceptual and Practical Issues,” was convened with two primary aims: to shed light on the inequities and imbalances exposed by global pandemic response, and to advocate recommendations on which principles should guide the framing and drafting of a potential international instrument on pandemic preparedness and response.
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