Is There a Case for “Common but Differentiated Responsibility” in Global Health?

Newsletter Edition #19 [Treaty Talks]

Hi,

As a graduate student many years ago, I got engrossed in international environmental law and found it to be fascinating. I never imagined that I would be going back to models of financing and principles from the environmental law regime while reporting on global health.

While the world is dealing with the messy intermingled effects of climate change and health emergencies, disciplines have become more fluid. Policymakers will have no choice but to respond with some agility to address complex challenges we see today.

In this edition, we bring you an exploration of the principle of “Common but Differentiated Responsibility” in the on-going negotiations in global health.

My colleague Nishant, brings his legal expertise, and charts the origins of this principle in international environmental law, and the enthusiasm and reservations of countries for incorporating it in the current discussions. He also presents expert views on the rationale for CBDR in global health and the possibilities it holds.

Also, in case you missed it, check out this interesting discussion organized by the Geneva Global Health Hub on the topic, that I had the opportunity to moderate earlier this year.

Like our work? Consider supporting our journalism that ensures nuance, detail, and accuracy. Readers paying for our work helps us meet our costs. Thank you for reading.

Finally, check out our upcoming workshops here!

Until later.

Best,

Priti

Feel free to write to us: patnaik.reporting@gmail.com or genevahealthfiles@protonmail.com; Follow us on Twitter: @filesgeneva

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I. ESSAY OF THE WEEK

Is there a Case for “Common but Differentiated Responsibility” in Global Health?

By Nishant Sirohi

Should all countries have equal responsibility to prepare, respond and fight health emergencies? This paper argues that it is critical for countries to have “common but differentiated responsibilities” (CBDR) to address global health emergencies, like the one precipitated by the COVID-19 pandemic.

World Health Organisation (WHO) has mandated an Intergovernmental Negotiating Body (INB) to develop a new legally binding instrument under the WHO Constitution for pandemic prevention, preparedness and response - now referred as a pandemic accord. While Member States are deliberating on many issues, a proposal to incorporate the principle of CBDR into the pandemic accord has brought on a contentious debate between developed and developing countries. The principle of CBDR recognises historical and present inequalities between developed and developing countries and acknowledges differentiated responsibilities among countries to address global challenges depending on their capacities.

This essay maps out the origin and the development of the principle of CBDR in the international legal framework, and how this has featured in the current negotiations. The essay also discusses the feasibility and possibility of incorporating the principle of CBDR under the global health law, as articulated by experts.

Image Credit: Photo by Karolina Grabowska, Pexels