The New Global Pandemic Treaty – Purpose, Provisions, and Shortcomings

Why in News?

• In April 2025, after over three years of negotiations, the World Health Organization (WHO) member states agreed on the draft of a legally binding global pandemic treaty.
• The treaty aims to better handle future pandemics, especially after the global failures witnessed during the Covid-19 crisis.
• The draft treaty will be ratified at the WHO’s annual World Health Assembly in May 2025.
• The United States has not signed the treaty, as it is currently in the process of withdrawing from the WHO, raising questions about the treaty’s effectiveness.

 Introduction: What is the Global Pandemic Treaty?

• The global pandemic treaty is only the second legally binding accord in WHO’s 75-year history. (The first was the 2003 tobacco control treaty.)
• Described as a “significant milestone” by WHO Director-General Dr. Tedros Adhanom Ghebreyesus, the treaty represents a collective effort to create a safer, more responsive world in the face of health emergencies.
• It addresses concerns around equitable access, global cooperation, and scientific sharing during pandemics.

1. Why is there a Need for a Global Pandemic Treaty?

1. Background Context:
   • Negotiations began in December 2021, during the rise of the Omicron variant of SARS-CoV-2.
   • Countries with vaccine manufacturing capabilities hoarded Covid-19 vaccines, leaving lower-income nations without access.
2. Unequal Vaccine Distribution:
   • A 2022 Nature journal study estimated that over 1 million lives could have been saved if vaccines had been shared more equally.
   • Over 7 million people died worldwide during Covid-19, exposing deep inequities in access to life-saving resources.
3. Motivation for the Treaty:
   • The Independent Panel for Pandemic Preparedness and Response, formed by WHO, emphasized that the world failed in strategic preparedness and equitable response.
   • The treaty is meant to prevent a repeat of this failure.

1. What Does the Draft Treaty Say?

 Key Provisions of the Draft:

1. Pathogen Access and Sharing System:
   • Creation of a “pathogen access and benefit-sharing system”, ensuring:
     • Fair access to biological materials (e.g., virus samples).
     • Timely sharing of resulting diagnostics and therapeutics.
2. Technology and Knowledge Sharing:
   • Governments must facilitate transfer of technology to manufacturers in developing countries.
   • Encourages equitable vaccine and drug production globally.
3. Production Commitments:
   • Pharmaceutical manufacturers are to:
     • Allocate 10% of vaccines, diagnostics, and therapeutics to the WHO.
     • Provide an additional 10% at affordable prices.
4. National Policies on R&D Conditions:
   • Countries must create policies to ensure that government-funded research is accessible for global benefit.
   • Companies receiving public funds must share the resulting diagnostics and drugs during pandemics.

III. Limitations and Criticisms of the Treaty

 Weak Enforcement:

1. WHO’s Lack of Authority:
   • The WHO cannot enforce lockdowns, travel bans, vaccination mandates, or impose penalties.
   • WHO lacks binding powers over sovereign nations.
2. Non-Compulsory Compliance:
   • Even if countries sign the treaty, they can opt out of key measures without legal consequences.
3. Clause 24 (Paragraph 3):
   • The clause explicitly limits WHO’s authority, stating:

“Agreements shall not confer any authority to the WHO… to direct, alter, or otherwise prescribe national laws.”

 Absence of the United States

• The U.S. not being a part of the treaty significantly weakens its effectiveness.
• Given the technological and pharmaceutical dominance of the U.S., its absence:
  • Undermines global supply chains for diagnostics, vaccines, and therapeutics.
  • Discourages pharmaceutical investment in emerging pathogen R&D.
• Experts quoted in the article:
  • Michelle Childs (Drugs for Neglected Diseases Initiative, Geneva): Warned that without enforceability, poor nations may again face exclusion from lifesaving treatments.
  • Lawrence Gostin (Georgetown University): Called the absence of the U.S. a “gaping hole” in the treaty.

1. How Strong is the Treaty?

1. No Global Policing Mechanism:
   • There is no mechanism to punish countries that hoard resources or violate the terms.
2. Voluntary Nature:
   • Many provisions are recommendatory, not mandatory.
3. Impact on Public Health Equity:
   • While noble in intent, lack of enforceability undermines equitable access.
   • Risk that pharmaceutical firms may prioritize profit over access.
4. Scientific Sharing Still Unclear:
   • Mechanisms for access to biological samples (like virus variants) remain vague.
   • Risk of delayed scientific collaboration during emergencies.

Conclusion

The new global pandemic treaty is a landmark attempt at institutionalizing global solidarity, science sharing, and equity in access to health tools. However, it falls short due to:

• The absence of binding enforcement powers.
• No participation by the U.S., the most influential pharmaceutical and scientific nation.
• Lack of clarity in how critical provisions like benefit-sharing will be operationalized.

Despite its flaws, the treaty is an important first step toward correcting the gross inequities exposed by the Covid-19 pandemic. For CLAT 2026 aspirants, this development serves as a case study in:

• International law
• Global health governance
• Ethics in public health
• Treaty formation and limitations of international organizations

NOTES: Explanation of Peculiar Terms

1. Pandemic Treaty – A legally binding agreement between countries under the WHO to coordinate response, resource sharing, and equitable access during global pandemics.
2. WHO (World Health Organization) – A specialized UN agency responsible for international public health.
3. Legally Binding Treaty – A treaty that imposes enforceable legal obligations on signatories under international law.
4. Pathogen Access and Benefit-Sharing System – A proposed global system where biological samples (e.g., viruses) are shared and resulting medicines are distributed equitably.
5. Clause 24 (Para 3) – A clause in the draft treaty that clarifies WHO will not have powers to override national laws or impose measures on sovereign states.
6. Vaccine Nationalism – A situation in which countries prioritize their own vaccine access, often hoarding supplies at the expense of poorer nations.
7. Technology Transfer – The process of sharing technical knowledge and manufacturing capabilities with other nations.
8. Diagnostics – Medical tests used to detect infections and diseases.
9. Affordable Pricing – Pricing mechanism that ensures equitable access to medicines or diagnostics, particularly for low- and middle-income countries.

Nature Journal Study (2022) – A study highlighting that better vaccine equity during Covid-19 could have saved over a million lives.

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