Published on 29 August 2024 in Client Alerts

The Pandemic Prevention, Preparedness, and Response Accord: Progress and Challenges

The COVID-19 pandemic exposed significant gaps in the global health system, leading to immense human and economic losses.  In response, the World Health Organization (“WHO”) and its member States decided to draft a comprehensive international treaty—the Pandemic Prevention, Preparedness, and Response Accord.  This accord aims to ensure a coordinated, equitable, and effective global response to future pandemics.  However, despite ongoing negotiations, reaching a consensus remains pending due to differing priorities and expectations among countries.

The Pandemic Prevention, Preparedness, and Response Accord seeks to establish a framework to better prepare for and respond to future pandemics.  The accord aims to promote equity in access to healthcare resources, such as vaccines, personal protective equipment, and medical expertise.  It intends to foster international collaboration by sharing critical information and technologies to combat pandemics effectively.  Ultimately, the goal is to prevent pandemics from disrupting global societies, economies, and health systems as COVID-19 did.

Negotiations for the accord began in 2022, with the WHO acting as a facilitator.  Member States aimed to draft an international agreement that outlines a robust pandemic response strategy.  However, as of mid-2024, consensus has not been reached.  Despite numerous meetings and discussions, a final draft is yet to be seen, primarily due to disagreements between developed and developing countries on resource allocation and compliance measures.  The inability to finalise a draft treaty by the Seventy-seventh World Health Assembly in May 2024 has led to an extension of the negotiating body’s mandate.  The Intergovernmental Negotiating Body (“INB”) has been tasked with continuing its work to present a final document for consideration by the Seventy-eighth World Health Assembly in May 2025.

One of the central challenges in the negotiations is balancing the heterogeneous interests of member States.  Developing countries emphasise the need for equitable access to health resources and technology, while developed nations prioritise issues such as intellectual property rights and data sharing.  These differences highlight the complexities of global health diplomacy.

A significant point of disagreement is the Pathogen Access and Benefit Sharing System, which concerns the sharing of pathogen data and health products.  Developing nations demand a system that ensures affordable or not-for-profit pricing for vaccines and therapeutics, while some developed countries are hesitant about mandatory data sharing without reciprocal benefits.

The proposed accord, like other international instruments, raises questions about legal obligations and enforcement.  While the accord aspires to create binding commitments among member States, its provisions must align with national laws and regulations.  The draft emphasises that the accord should not infringe upon the sovereignty of States or mandate specific domestic actions, such as travel bans or lockdowns.  This emphasis on State sovereignty reflects the complex relationship between international law and national policies.  The accord’s success will depend on countries’ willingness to adhere to agreed-upon guidelines while balancing national interests.

To move forward, negotiators must address the core issues hindering progress.  Establishing a transparent and equitable mechanism for resource allocation, improving global supply chains for pandemic-related products, and ensuring compliance with agreed principles are essential steps.  Member States must also consider incorporating compliance mechanisms to hold countries accountable for their commitments.  This could include regular assessments of national preparedness efforts and fostering international cooperation.

The Pandemic Prevention, Preparedness, and Response Accord represents a critical opportunity for the global community to unite in the face of future health threats.  While challenges remain, the ongoing negotiations underline the importance of collaboration and shared responsibility.  By bridging the gaps between nations and prioritising equity, the accord has the potential to safeguard the world from the devastating impacts of future pandemics.

For further information, please contact info@volterrafietta.com.

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