Human rights law, intellectual property and vaccine nationalism: lessons for the post-COVID-19 world

Abstract

ABSTRACT The rollout of COVID-19 vaccines during the pandemic was labelled a ‘parallel pandemic of human rights’. Occuring simultaneously with the primary public health crisis, the production, distribution, and profiteering that followed the announcement of vaccines were satirically referred to as ‘vaccine nationalism’ or ‘vaccine apartheid’. Against the backdrop of the COVID-19 pandemic and its attendant vaccine inequality, this article examines the extent to which existing international human rights laws provide a framework for equity in global vaccine distribution. The article explores the delicate balance between protecting intellectual property and promoting public health and human rights: the private property rights of vaccine developers and the broader human rights of members of the public to vaccine access. It does this by appraising the decision on the proposed waiver of intellectual property rights for COVID-19 vaccines and treatments under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights during the pandemic. The article argues that a reform of the WTO multilateral system is needed to ensure that in future global health emergencies, private interests are subordinated to global public health needs and that global action is not conditioned by nationalism and hegemonic positions in international relations.