The Obligations of Governments and Big Pharma Regarding Equitable Vaccine Supply

Abstract

The COVID-19 pandemic has wreaked havoc the world over, simultaneously creating opportunities for some, including ‘Big Pharma.’ Governments continue to have the obligation for managing the pandemic, and many governments delegated the responsibility for vaccine supply to Big Pharma. Developed countries generously funded vaccine development, while reserving the first option to purchase the vaccines for themselves, thus being accused of vaccine hoarding. Concurrently, Big Pharma has disclaimed liability for any side effects caused by the virus, and any obligation to share its vaccine intellectual property. This left most of the world, particularly the Global South, in a precarious position regarding vaccine supply. This article discusses the obligations of governments to their own people and to the rest of the world and the obligations of Big Pharma, specifically regarding equitable vaccine supply during the COVID-19 pandemic. To articulate its arguments for vaccine equity, the author relies primarily on the right to dignity and attempts to balance this right against the seemingly conflicting interests of the Global North. The vaccine equity issue is an intersectional issue perpetuated by systemic inequalities affected by a myriad of factors including historical power imbalances. It is argued that all parties need to act to overcome the pandemic, especially states and companies in the Global North. This would be consistent with international policy and legal environment and the requirements of global justice.