About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

36 Emory Int'l L. Rev. 1 (2022)
Viral Sovereignty, Vaccine Diplomacy, and Vaccine Nationalism: The Institutions of Global Vaccine Access

handle is hein.journals/emint36 and id is 9 raw text is: VIRAL SOVEREIGNTY, VACCINE DIPLOMACY, AND
VACCINE NATIONALISM: THE INSTITUTIONS OF GLOBAL
VACCINE ACCESS
Sam F. Halabi*
Ana Santos Rutschman**
ABSTRACT
The COVID-19 pandemic has triggered a global vaccine race. Distributive
questions about which countries will receive scarce doses and under which
conditions pervade international law and diplomacy. This Article is the first to
describe the phenomena that have driven the development of international
vaccine-sharing mechanisms, identify the international organizational forces
that explain the phenomena, and explain how international organizations may
facilitate international cooperation before, during, and after global crises.
This Article explores the longstanding dissociation between global public
health imperatives and nationalist responses to pandemics within the
frameworks of        vaccine    nationalism,      viral sovereignty,      and    vaccine
diplomacy.  The Article then considers two international agreements indicative
of an interest in international collaborations, division of gains from trade, and
sustained governance structures the 2011 Pandemic Influenza Preparedness
Framework, and the 2020 CO VAX Vaccines Pillar of the ACTAccelerator. The
Senior Scholar and Visiting Professor, O'Neill Institute for National and Global Health Law,
Georgetown University Law Center. Senior Associate Vice-President for Health Policy and Ethics, Colorado
State University. Professor, Colorado School of Public Health. JD, Harvard; MPhil, Oxford (St. Antony's
College); B.A., B.S., Kansas State University. Professor Halabi's research career has focused on the ethical,
legal, and regulatory dimensions of biomedical innovation and collaboration, especially in the context of
epidemic and pandemic preparedness and response. He has published four books and more than seventy
manuscripts in areas including data sharing during infectious disease emergencies, the development and
deployment of vaccines in routine and emergency circumstances, the philosophy of medicine, international
technology transfer, public health ethics, and vector-borne disease surveillance. He is the 2018 Fulbright Canada
Research Chair in Health Law, Policy, and Ethics and the 2020 Husch Blackwell Outstanding Teacher.
** Outgoing Assistant Professor of Law, Saint Louis University School of Law, Center for Health Law
Studies, Center for International and Comparative Law. Incoming Professor of Law, Villanova University.
S.J.D., Duke Law School. Professor Rutschman teaches and researches in the areas of health law, intellectual
property, innovation policy in the life sciences, and law and technology. She has been named a Health Law
Scholar (2018) and a Bio Intellectual Property Scholar (2017) by the American Society of Law, Medicine &
Ethics for her scholarly work on the intellectual property of vaccines. Her ongoing book, Vaccines as
Technology: Innovation, Barriers and the Public Health, will be published by Cambridge University Press in
2022.
The authors thank participants at the Cambridge International Law Journal's 10th Annual Conference,
'National Sovereignty and International Co-operation: The Challenges of Navigating Global Crises' with
particular thanks to Ryan Abbott, Caroline Foster, and Mark Eccleston-Turner for helpful comments.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most