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A Global Pandemic Remedy to Vaccine Nationalism

Orit Fischman-Afori, Miriam Markowitz-Bitton, Emily Michiko Morris

Research output: Contribution to journalArticlepeer-review

Abstract

The COVID-19 pandemic has had devastating effects on our social, economic, and political lives. While the race to develop vaccines has yielded results in record time, ensuring widespread, affordable access to these vaccines remains a major challenge. Vaccines are now in a race against new, more virulent variants of COVID-19, and unless everyone can be vaccinated soon, these new variants may lead to many more deaths. Current vaccine supplies fall far short of what is needed, however, and in what has become known as "vaccine nationalism," wealthier countries have poured billions of dollars into advance purchasing agreements that guarantee themselves preferential access. The distribution inequities resulting from this nationalistic response undermines the interest all countries have in speedy and universal inoculation. At the heart of the problem is the fact that the pharmaceutical industry has taken a market-driven rather than a public-health driven approach to vaccine development and distribution. A market-driven approach makes sense to some extent, as the pharmaceutical companies must have some means of recovering their investments in the risky research and development required to create new vaccines. Patent protections and other exclusive rights are widely regarded as necessary incentives for investment in pharmaceutical innovation, as they allow supracompetitive pricing. In times of global public health crises, however, the ordinary principles of exclusivity must give way to the pressing need for immediate, affordable, and widely available access. We desperately need other manufacturers to be able to help boost vaccine supplies and lower vaccine prices. Recognizing the need for flexibility in times of emergency and build- ing upon knowledge gained from existing international and domestic com- pulsory licensing laws, we propose a global, centralized scheme to provide access to vaccines during pandemics.
Original languageEnglish
Pages (from-to)325-380
Number of pages56
JournalCornell International Law Journal
Volume54
StatePublished - 2021

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