Access to COVID-19 Vaccines: A New Global Approach.

Abstract

This paper addresses the legal aspects and unprecedented consequences of the Coronavirus disease 2019 (COVID-19) pandemic on the manufacturing and fair access to vaccines. A research literature review allowed us to identify and evaluate the weaknesses of international health law to combat global health crises such as the COVID-19 pandemic. A new paradigm must encourage World Health Organization (WHO) and World Trade Organization (WTO) members to explicitly consider vaccines as global public goods and adopt a new set of legally binding rules for a fair and unrestricted access in times of pandemic. Initiatives and mechanisms such as COVID-19 Vaccine Global Access Facility (COVAX) have been developed to tackle the pandemic and allow developing countries to access vaccines but most were limited and never reached the expected results. The key role played by the WHO in global health policy needs to be strengthened throughout the revision of the International Health Regulations (IHR). Globalization and health are interconnected: WTO members shall revise the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and grant permanent intellectual property (IP) waivers on vaccines in times of pandemic. Our postulation is that vaccines constitute global public goods; their manufacturing and access must be facilitated and guaranteed by specific rules and mechanisms under the supervision of both the WHO and the WTO. It is, therefore, essential to provide the WHO with new powers and attributions to impose coordinated health policies to combat diseases and global crises such as the COVID-19 pandemic.