Assessing the viability of access and benefit-sharing models of equitable distribution of vaccines in international law
Lead Research Organisation:
Keele University
Department Name: Faculty of Humanities & Social Sciences
Abstract
Developing and distributing a COVID-19 vaccine is key to the global response strategy. How a resulting vaccine will, and ought to, be distributed is a vital question; encompassing fairness, equity, and justice for developing countries, who are likely to have poor access to a COVID-19 vaccine without some form of framework guiding allocation at the international level. It is likely that any such framework will be developed through the World Health Assembly, and there are already calls for the WHO to develop such a framework to guide the distribution of any resulting vaccine. Within international law there exist two international legal agreements upon which to model a COVID-19 distribution framework: the WHO Pandemic Influenza Preparedness Framework, and the UN Nagoya Protocol to the CBD. These agreements take significantly different approaches to equitable distribution and the operationalisation of the distribution. This project will assess these international agreements suitability for providing a model for COVID-19 vaccine distribution. This project uses doctrinal legal analysis and legal epidemiology to assess the extent to which these international agreements can provide a legally robust framework on which to model an agreement to ensure ethical distribution of a COVID-19 vaccine upon. From this the project will provide 'lessons learned' from the analysis of the WHO Pandemic Influenza Preparedness Framework, and the UN Nagoya Protocol to the CBD, to inform the development of a COVID-19 vaccine distribution through the World Health Assembly.
Organisations
Publications
Eccleston-Turner M
(2020)
The Procurement of a COVID-19 Vaccine in Developing Countries: Lessons from the 2009-H1N1 Pandemic
in SSRN Electronic Journal
Eccleston-Turner M
(2021)
ARGUMENTS AGAINST THE INEQUITABLE DISTRIBUTION OF VACCINES USING THE ACCESS AND BENEFIT SHARING TRANSACTION
in International and Comparative Law Quarterly
Eccleston-Turner M
(2021)
International Collaboration to Ensure Equitable Access to Vaccines for COVID-19: The ACT-Accelerator and the COVAX Facility.
in The Milbank quarterly
Phelan AL
(2020)
Legal agreements: barriers and enablers to global equitable COVID-19 vaccine access.
in Lancet (London, England)
| Description | The research team provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs, and wider members of the Shadow Foreign and Commonwealth Office team on the research project, and COVAX. The report, entitled "The COVAX Facility and Equitable Access to Vaccines for COVID-19 in Developing Countries: Briefing report" was delivered to Lord Collins on the 25th August 2020. Since then the issue of COVAX has been raised on numerous occasions across the House of Commons and the House of Lords, including by Lord Collins and other members of the Shadow FCO team. Of particular note in this regard is the fact that a number of the "questions to be resolved" within the report have been raised in Parliament since our report was submitted. For example: contribution by Lisa Nandy (Wigan) (Lab) on Thursday 5 November 2020, contribution by Lord Collins of Highbury (Lab) on Wednesday 25 November 2020, and Hansard contribution by Baroness Goudie (Lab) [V] on Thursday 15 October 2020. Along with a coauthor, the PI published an article in the Guardian newspaper entitled "Where will poorer countries stand in the queue for a Covid-19 vaccine?" which garnered several hundred comments online, and was translated into Spanish by eldiario.es, an online Spanish language newspaper with over 1.2 million followers on twitter: https://t.co/XbPnPEh5AK?amp=1 From the comments, the general public report being better informed about COVID-19 vaccine and equitable access in low and middle income countries. The PI was called as an oral witness to the Foreign Affairs Select Committee inquiry into Global Health Security on Tuesday April 20, 2021. His evidence can be found at https://committees.parliament.uk/oralevidence/2041/pdf/ Moreover, the interventions given by the PI were heavily quoted in the final report of the Foreign Affairs Select Committee, "Global Health, Global Britain, Fifth Report of Session 2021-22, 21 September 2021" https://committees.parliament.uk/publications/7458/documents/78108/default/ One of the outputs from the project "Phelan A, Eccleston-Turner M.R, et al, 'Legal Agreements: barriers and enablers to global equitable COVID-19 vaccine access' The Lancet (2020) https://doi.org/10.1016/S0140-6736(20)31873-0" has been cited in House of Commons Library research briefing ahead of the 5 November 2020 debate on the "UK Government's role in ensuring innovation and equitable access to treatment within the international covid-19 response", as well as Amnesty International's briefing report on COVID-19 vaccine access "a fair shot ensuring universal access to covid-19 diagnostics, treatments and vaccines" |
| First Year Of Impact | 2021 |
| Sector | Healthcare,Government, Democracy and Justice |
| Impact Types | Policy & public services |
| Description | The research team provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs, and wider members of the Shadow Foreign and Commonwealth Office team on the research project, and COVAX. The report, entitled "The COVAX Facility and Equitable Access to Vaccines for COVID-19 in Developing Countries: Briefing report" was delivered to Lord Collins on the 25th August 2020. Since then the issue of COVAX has been raised on numerous occasions across the House of Commons and the House of Lords, including by Lord Collins and other members of the Shadow FCO team. Of particular note in this regard is the fact that a number of the "questions to be resolved" within the report have been raised in Parliament since our report was submitted. For example: View the Hansard contribution by Baroness Goudie (Lab) [V] on Thursday 15 October 2020 |
| Geographic Reach | National |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| URL | http://hansard.parliament.uk/Lords/2020-10-15/debates/9660070C-2105-4662-85C4-2274CDEF0A69/Covid-19A... |
| Description | The research team provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs, and wider members of the Shadow Foreign and Commonwealth Office team on the research project, and COVAX. The report, entitled "The COVAX Facility and Equitable Access to Vaccines for COVID-19 in Developing Countries: Briefing report" was delivered to Lord Collins on the 25th August 2020. Since then the issue of COVAX has been raised on numerous occasions across the House of Commons and the House of Lords, including by Lord Collins and other members of the Shadow FCO team. Of particular note in this regard is the fact that a number of the "questions to be resolved" within the report have been raised in Parliament since our report was submitted. For example: View the Hansard contribution by Lisa Nandy (Wigan) (Lab) on Thursday 5 November 2020 |
| Geographic Reach | National |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| URL | http://hansard.parliament.uk/Commons/2020-11-05/debates/78F58139-2878-4CC8-A220-1980A0025D6A/Interna... |
| Description | The research team provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs, and wider members of the Shadow Foreign and Commonwealth Office team on the research project, and COVAX. The report, entitled "The COVAX Facility and Equitable Access to Vaccines for COVID-19 in Developing Countries: Briefing report" was delivered to Lord Collins on the 25th August 2020. Since then the issue of COVAX has been raised on numerous occasions across the House of Commons and the House of Lords, including by Lord Collins and other members of the Shadow FCO team. Of particular note in this regard is the fact that a number of the "questions to be resolved" within the report have been raised in Parliament since our report was submitted. For example: View the Hansard contribution by Lord Collins of Highbury (Lab) on Thursday 15 October 2020 |
| Geographic Reach | National |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| URL | https://hansard.parliament.uk/Lords/2020-10-15/debates/9660070C-2105-4662-85C4-2274CDEF0A69/Covid-19... |
| Description | The research team provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs, and wider members of the Shadow Foreign and Commonwealth Office team on the research project, and COVAX. The report, entitled "The COVAX Facility and Equitable Access to Vaccines for COVID-19 in Developing Countries: Briefing report" was delivered to Lord Collins on the 25th August 2020. Since then the issue of COVAX has been raised on numerous occasions across the House of Commons and the House of Lords, including by Lord Collins and other members of the Shadow FCO team. Of particular note in this regard is the fact that a number of the "questions to be resolved" within the report have been raised in Parliament since our report was submitted. For example: View the Hansard contribution by Lord Collins of Highbury (Lab) on Wednesday 25 November 2020 |
| Geographic Reach | National |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| URL | http://hansard.parliament.uk/Lords/2020-11-25/debates/E1A62764-30A8-49E9-BE5C-A467CCB50034/Covid-19V... |
| Description | Alexandra Phelan* quoted in "'Vaccine nationalism' threatens global plan to distribute COVID-19 shots fairly" 28 July 2020 Science Magazine |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Phelan gave quotes to Science Magazine, a major international newspaper reporting on science and health issues. This led to further requests for media. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.sciencemag.org/news/2020/07/vaccine-nationalism-threatens-global-plan-distribute-covid-19... |
| Description | Alexandra phelan quoted in "A coronavirus vaccine will save more lives if we share it widely" Popular Science September 17, 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Phelan was quoted in Popsci, a major international news outlet. This provided key information to members of the public. This led to further interviews and quotes from Dr. Phelan in other media, and a reported change of opinion from the public (see comments section on article) |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.popsci.com/story/health/coronavirus-vaccine-bill-gates-report/ |
| Description | Alexandra phelan quoted in "China joins WHO-backed vaccine plan that White House spurned" Washington Post Oct. 9, 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Phelan was quoted in the Washington Post, a major international news outlet. This provided key information to members of the public. This led to further interviews and quotes from Dr. Phelan in other media. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.washingtonpost.com/world/asia_pacific/coronavirus-vaccine-china-covax-who/2020/10/08/cf4e... |
| Description | Alexandra phelan quoted in "WHO unveils global plan to fairly distribute COVID-19 vaccine, but challenges await" |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Phelan was quoted in Science Magazine, a major international news outlet. This provided key information to policy makers, members of the public, academic and students. This led to further interviews and quotes from Dr. Phelan in other media. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.sciencemag.org/news/2020/09/who-unveils-global-plan-fairly-distribute-covid-19-vaccine-c... |
| Description | Alexandra phelan quoted in "With global push for COVID-19 vaccines, China aims to win friends and cut deals" Science Nov. 25, 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Phelan was quoted in Science Magazine, a major international news outlet. This provided key information to policy makers, members of the public, academic and students. This led to further interviews and quotes from Dr. Phelan in other media. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.sciencemag.org/news/2020/11/global-push-covid-19-vaccines-china-aims-win-friends-and-cut... |
| Description | Dr. Ecclesotn-Turner appeared on LBC 4pm, 10 November 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr. Eccleston-Turner appeared on Shelagh Fogarty's LBC show about the latest developments in the race for a Covid Vaccine. Listen from 00.26.00 |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.globalplayer.com/catchup/lbc/uk/b8FPhBM/ |
| Description | Eccleston-Turner appeared on an hour long "Monday night Panel with Iain Dale" on LBC 17 November, 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr. Eccleston-Turner was a guest on the hour long special LBC phone in on OCVID-19 vaccines. This has received over 1700 watches on YouTube, as well ass those who listened live on radio. from the comments on the link it results in awareness raising and changes in opinion from the audience. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.youtube.com/watch?v=5lmxvYu3o_I |
| Description | Eccleston-Turner interviewed on BBC 5live |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr. Eccleston-Turner spoke to BBC 5 Live about the vaccine and global equitable issues and roll out. This led to a phone-in conversation where members of the public expressed the view that my argument had convinced them for the need for vaccine sharing with low and middle income countries. |
| Year(s) Of Engagement Activity | 2021 |
| URL | http://www.bbc.co.uk/sounds/play/m000rm5n |
| Description | Eccleston-Turner quoted at "After Britain, US could be next to approve Pfizer and BioNTech's coronavirus vaccine for use" 3 Dec 2020 South China Morning Post |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Eccleston-Turner gave quotes to to the South China Morning Post, the largest English language newspaper in Asia. The led to further requests for media and change in audience understanding in these issues (as demonstrated in the comments section of the article) |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.scmp.com/news/china/science/article/3112315/after-britain-us-could-be-next-approve-pfizer... |
| Description | Eccleston-Turner quoted at "Rich Countries are vaccine hogs" Wired 5th Oct 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr. Eccleston-Turner gave quotes to Wired, a major international news outlet about access to medicines and vaccines. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.wired.co.uk/article/coronavirus-vaccine-distribution |
| Description | Eccleston-Turner quoted at "Shot in the dark: Commission under fire for lack of vaccine transparency" Politico December 2, 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Mark was quoted in Politico, a major international news outlet. This provided key information to members of the public. This led to further interviews and quotes from Dr. Eccleston-Turner and a reported change of views in the audience (see comments section on article) |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.politico.eu/article/commission-under-fire-for-lack-of-vaccine-transparency/ |
| Description | Eccleston-Turner quoted at "When will other countries approve the Pfizer-BioNTech vaccine?" 2nd Dec 2020 Daily Telegraph |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Eccleston-Turner gave quotes to the Telegraph after wider access to medicine and the project to the Daily Telegraph, a major national newspaper. This led to change in awareness, behaviour and understanding as reported in the comments section of the article. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.telegraph.co.uk/global-health/science-and-disease/will-countries-approve-pfizer-biontech-... |
| Description | Eccleston-Turner quoted at Astra-Oxford Shot Is Key to Escaping Pandemic for Many Nations, Bloomberg, 22 Nov 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | Dr Eccleston-Turner provided quotes to Bloomberg news, a major international business news outlet. This let to an increased. interest in these issues amongst Bloomberg readers, enhanced awareness of the issues, and requests for further media for Dr. Eccleston-Turner |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.bloomberg.com/news/articles/2020-11-22/astra-oxford-shot-is-key-to-escaping-pandemic-for-... |
| Description | Guardian article |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | along with a coauthor, the PI published an article in the Guardian newspaper entitled "Where will poorer countries stand in the queue for a Covid-19 vaccine?" which garnered several hundred comments online, and was translated into Spanish by eldiario.es, an online Spanish language newspaper with over 1.2 million followers on twitter: https://t.co/XbPnPEh5AK?amp=1 From the comments, the general public report being better informed about COVID-19 vaccine and equitable access in low and middle income countries. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.theguardian.com/commentisfree/2020/nov/12/covid-19-vaccine-pfizer |
| Description | Mark Eccleston-Turner & Harry Upton provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Policymakers/politicians |
| Results and Impact | Mark Eccleston-Turner & Harry Upton provided a briefing to Lord Collins of Highbury, Shadow Lords Spokesperson for Foreign and Commonwealth Affairs, and wider members of the Shadow FCO team on the research project, and COVAX. This influenced the Labour party policy and approach to COVAX and equitable access to vaccines. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://www.dropbox.com/s/uya54vpgof03wp7/The%20COVAX%20Facility%20and%20%20Equitable%20Access%20to%2... |
| Description | Mark Eccleston-Turner appeared on sky news, 23 November 2020 |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Public/other audiences |
| Results and Impact | Dr Eccleston-Turner spoke about the vaccine roll out in an interview on sky news at 2pm on 23 November 2020. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Phelan, Global Vaccine Justice & Equity: Ethical Duties & the COVID19 Pandemic. Milken Institute School of Public Health, George Washington University: |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | Dr. Phelan, was an expert panellists on a panel of "Global Vaccine Justice & Equity: Ethical Duties & the COVID19 Pandemic." at the Milken Institute School of Public Health, George Washington University. |
| Year(s) Of Engagement Activity | 2020 |
| URL | http://youtu.be/JOQHuoXPNTg?t=900 |
| Description | Print media: Mark Eccleston-Turner, 'How countries get away with hoarding drugs in a pandemic' The Conversation July 6, 2020, |
| Form Of Engagement Activity | A magazine, newsletter or online publication |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | Dr Eccleston-Turner wrote an article in the Conversation which garnered over 11,000 reads. It led to audience engagement with the issues and change in opinions by the general public on this. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://theconversation.com/how-countries-get-away-with-hoarding-drugs-in-a-pandemic-141854#comment_... |