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Trade-Offs in the International Legal Regime: The case of the Pandemic Agreement

Published online by Cambridge University Press:  23 February 2026

Mark Eccleston-Turner
Affiliation:
Dr. Mark Eccleston-Turner is a Reader in Global Health Law at King’s College, London, UK.
Gian Luca Burci
Affiliation:
Professor Gian Luca Burci is Senior Visiting Professor of International Law, Graduate Institute of International and Development Studies, Geneva, Switzerland.
Clare Wenham
Affiliation:
Dr. Clare Wenham is Associate Professor of Global Health Policy, Department of Health Policy, London School of Economics and Political Science (LSE), London, UK.
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Extract

COVID-19 starkly exposed the systemic frailties of global health governance, particularly concerning the functioning and utility of the International Health Regulations (IHR). Multiple independent reviews declared that the existing framework was designed to constrain rapid global action, and recommended concrete transformational reforms for the global health legal regime.1 Most notably they recommended the negotiation of a new instrument to govern future pandemic prevention, preparedness, and response (PPPR). The appetite for a new instrument was cemented by a statement of support from twenty-six other world leaders and the director-general of World Health Organization (WHO).2 From the start, there was a lack of clear unified vision for what a new treaty ought to achieve. This ideological rift generally fell along the North–South divide, something that continued throughout the negotiations of the treaty. Low- and middle-income countries (LMICs), suffering from the stark inequalities in vaccine access during the COVID-19 pandemic demanded embedding equitable distribution of life-saving health products into legally binding commitments. Meanwhile high-income countries (HICs) sought greater prevention and surveillance activities, determined to prevent spillover events from occurring and spreading in the first place.

Information

Type
Essay
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Copyright
© The Author(s), 2026. Published by Cambridge University Press on behalf of American Society of International Law