To Bind or Not to Bind

Blog: Verfassungsblog

Abstract

While the majority of the contributions to this blog symposium tackle issues of global justice, distributive justice and the impact of a decolonial perspective on global health law, our approach might seem to stand out at first sight: Our contribution is interested in the legal form the new Pandemic Agreement will take. Attention to the formal dimension of the reform process might seem remote from the substantive issues of the other contributions. However, we would like to argue in this short piece that the decision for a certain legal architecture can very well have repercussions on the question to what extent the new instrument can deliver on its promise to pursue equity and hence to arguably overcome divisions still entrenched in the international community.