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The New WHO Pandemic Treaty and Global Health Governance: Incorporating Common but Differentiated Responsibilities into PABS - Georgetown Journal of International Affairs
On May 20, 2025, the World Health Assembly unanimously adopted the World Health Organization (WHO) Pandemic Agreement, an international treaty designed to strengthen pandemic prevention, preparedness, and response. The product of three years of arduous negotiations, the treaty marks a new era of global cooperation in public health. However, core aspects of the agreement remain unresolved—notably the Pathogen Access and Benefit-Sharing (PABS) System, which is intended to ensure equitable access to pandemic-related materials and benefits. To support the successful implementation of the WHO Pandemic Agreement, the principle of “common but differentiated responsibilities” should be formally incorporated into the negotiating agenda of the PABS annex. Introduction For the first time, an international treaty has enshrined the principle of “One Health,” the compelling idea that the health of animals, humans, and the environment all contribute to pandemic risks. SARS (2003), H1N1 (2009–10), Ebola (2014–16), and COVID-19 all emerged through zoonotic spillover from animal hosts—respectively, civets, hogs, and bats. Together, they underscore the need for a coordinated, cross-sectoral approach. The Pandemic Agreement responds to this call, requiring state parties to acknowledge the ecological interplay and commit to a comprehensive “One Health” strategy. Specifically, Article 5 charges governments to address “the drivers of pandemics and the emergence and re-emergence of infectious disease at the human-animal-environment interface,” including wild animal markets, deforestation, and antibiotic overuse. Yet the effectiveness of this “One Health” vision depends equally on the free flow of scientific information and data among countries and institutions. Just as environmental and animal health factors have been neglected in past global frameworks, so too has data sharing been marginalized, despite its centrality to timely detection and response. The Pandemic Agreement takes an important step by requiring governments to enhance data collection and cooperate with the World Health Organization (WHO). However, these provisions will remain aspirational without a robust Pathogen Access and Benefit-Sharing (PABS) annex. The PABS system will determine whether countries and researchers can rapidly exchange pathogen samples and genetic data while ensuring equitable access to resulting research and development, including diagnostics, therapeutics, and vaccines. Without such mechanisms, the treaty’s promise to operationalize “One Health” and strengthen global preparedness will risk becoming largely symbolic, echoing earlier failures to translate shared principles into coordinated action. Equity Concerns When the 2025 Health Assembly adopted the Pandemic Agreement, it left the difficult question of access to pathogens and the sharing of resulting benefits to be addressed in a separate agreement. Negotiations on this separate agreement, PABS, are now underway in Geneva. Yet governments remain divided over fundamental questions of equity between the countries that primarily contribute to the system and those that primarily draw from it—and consequently benefit. For example, wildlife in countries bordering the equator is likely to produce PABS materials, but companies in Europe are likely to use them to develop lucrative products. The most likely contributor countries are likely to be those biodiverse countries around the equator, such as Brazil, the Democratic Republic of the Congo, and Indonesia, where the number of human-mammalian viral host interactions is large. Conversely, countries most likely to benefit from this material are those with the technology, investors, and infrastructure to capitalize on genomic data, such as the United States, EU member states, and Japan. This imbalance reflects a broader pattern seen in prior international frameworks. Now, as in the past, the wealthiest countries in the world (a useful heuristic is membership of the Organisation for Economic Co-operation and Development (OECD)) disproportionately benefit from systems in which pathogens and genomic sequencing data are contributed to a common source. Under the International Agreement on Plant Genetic Resources for Food and Agriculture (the “Plant Treaty” or “Seed Treaty”) and the Pandemic Influenza Preparedness (PIP) Framework, companies from Europe and North America disproportionately withdraw biological samples and data for development into lucrative medical products. Their governments and companies have both statutory and contractual claims to the products that those companies correspondingly produce. PABS appears poised to follow the same pattern. The text calls for strong language on access to pathogens and associated data, but the corresponding benefits that should flow to poorer countries are couched in equivocal or non-binding language. Common but Differentiated Responsibilities To address these inequities, the principle of “common but differentiated responsibilities” should be formally incorporated into the negotiating agenda of the PABS annex. Common but differentiated responsibilities are often a feature of climate change negotiations. The basic principle is that, even though all countries should reduce carbon emissions, governments that became rich and powerful through massive carbon emissions (e.g., France, the United Kingdom, the United States) should have a greater obligation to address the resulting crises. Applied to PABS, it would require that governments hosting and supporting companies developing lucrative products carry greater obligations toward the cost of running the PABS system; share benefits or final medical products; and transfer technology to help countries worldwide develop their own capacities to innovate and manufacture vaccines during an emergency. For example, an annex could mandate that any company based in an OECD country that withdraws PABS material would be obligated to donate the resulting diagnostics, therapeutics, or vaccines to the WHO during a public health emergency or pandemic. Questions remain about how robust those donations would be, but the principle is that they should deliver highly significant lifesaving benefits to be equitably shared. Theoretically, this approach mirrors the PIP Framework, in which companies withdrawing influenza samples are required to pay half of the operating costs. In practice, however, the framework has fallen short. The PIP Framework Secretariat has struggled to secure payments from companies, with companies often disagreeing over how much is owed. Additionally, without another pandemic influenza to test the strength of the agreement during a public health emergency, corporate compliance with sharing mechanisms remains unknown. Even if these limitations did not characterize the PIP Framework, partially paying for operating expenses does not address the inequity in access to genetic data and pathogen samples that left less developed countries last in line for COVID-19 vaccines (and, before them, H1N1). Common but differentiated responsibilities would go further, addressing governments’ legitimate grievances regarding information sharing. It would make withdrawals of PABS material and resulting products more transparent, building trust across the board. Enforcement and Enduring Success A key implication of this approach is that the governing mechanism of the PABS must have real enforcement authority. The WHO Pandemic Agreement delegates its core governance responsibilities to a Conference of the Parties (COP)—a governing body composed of one representative from each participating government, similar to those established under the UN Framework Convention on Climate Change and the WHO Framework Convention on Tobacco Control. The proposed WHO Pandemic Agreement COP is charged with oversight functions but ultimately possesses no real authority to compel a government to take any action it does not wish to take. The text does not give the COP the ability to, for example, sanction a party that does not comply with either textual obligations or PABS provisions. In other words, there are no effective mechanisms in place to ensure compliance. Perhaps just as significant, establishing a meaningful enforcement mechanism within the PABS system would strengthen the WHO’s credibility and its ability to ensure compliance across global health governance. By setting a precedent for accountability, such a mechanism could enhance the organization’s authority not only within the Pandemic Agreement but also in enforcing the revised International Health Regulations and other frameworks for public health emergencies. Conclusion The PABS annex can—and should—be different. It should establish clear responsibilities for funding as well as for sharing the diagnostics, therapeutics, and vaccines that result from contributions to the system. The system, in turn, must include a dedicated body empowered to hold governments and the corporations they sponsor accountable for their responsibilities before, during, and after pandemics. Doing so would restore trust in the broader agreement, which was eroded as commitments were repeatedly diluted while parties scrambled to meet their own self-imposed deadlines during the Pandemic Agreement negotiations. A robust PABS Annex would cement a grand social bargain. Wealthier countries and their corporations would gain unimpeded access to scientific information essential for developing and manufacturing lifesaving medical products. As such, they would stand to gain considerable economic benefit. Yet that privilege must be matched with responsibility. The grand bargain must include not only the right to innovate, but also the duty to ensure that innovation serves all. As medical products are developed and produced through collective contributions, every person must have equal access. All human beings deserve an equitable chance to survive—to save their own life, the lives of their families, and the well-being of their communities. … Sam Halabi, JD, MPhil, is the Bette Jacobs Endowed Professor at Georgetown University’s School of Health and the Director of the Center for Transformational Health Law at Georgetown Law. He serves as the co-lead for the WHO’s Working Group on Regulatory Consideration on AI and Health’s training workstream. He earned his JD from Harvard, his MPhil from Oxford, and undergraduate degrees from Kansas State University. Lawrence Gostin, LLD (Hon.), JD, BA, is University Distinguished Professor and Founding Director and Timothy and Linda O’Neill Professor of the O’Neill Institute for National and Global Health Law. He is the author of Global Health Security: A Blueprint for the Future (Harvard University Press, 2021); Global Health Law (Harvard University Press, 2014); Public Health Law: Power, Duty, Restraint (University of California Press, 3rd ed., 2016); Public Health Law and Ethics: A Reader (University of California Press, 3rd ed., 2018); Law and the Health System (Foundation Press, 2014); Principles of Mental Health Law & Practice (Oxford University Press, 2010). He also directs the WHO Collaborating Center at Georgetown University. Image Credit: United States Mission Geneva, CC BY 2.0, via Wikimedia Commons
Central High’s educator honored as state’s most outstanding science teacher
Lawmakers explain their bipartisan efforts to tackle rising health insurance premiums
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UC San Diego Alumnus Honors Cognitive Science Pioneers with Endowed Chairs
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Ron DeSantis says most Floridians won't notice 'schools of hope,' as they will be in places most people don't go
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Two Business Students Visit the Amazon, Network with Sustainability Experts, Gain New Perspectives at COP30 Summit
‘The Most Wonderful and Insane Experience of My Life!’
Bipartisan Coalition of 38 House Members Introduce “CommonGround Bill” to Address Skyrocketing ACA Premiums
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How Broadcom's IT Leverages Tanzu Platform to Achieve Enterprise-Scale Agentic Business Transformation - Broadcom News and Stories
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Sen. Sanders on endorsing Crockett: ‘I don’t endorse anybody who doesn’t ask’
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Bipartisan bill looks to expand internet access in Iran
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Lakers, Spurs square off in NBA Cup West semifinal
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Govs. Spencer Cox and Josh Shapiro to discuss political violence in a bipartisan conversation
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Rubio Deletes Calibri as the State Department’s Official Typeface
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Florida's DeSantis declares Muslim civil rights group a terrorist organization
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UC San Diego Health Earns Highest Ranking for Obstetric, Infant Care
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Miami’s mayoral runoff gives Democrats hope of breaking a nearly 30-year streak of GOP control
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The business of leading a marching band: SOSA drum majors talk about what they’ve learned on the podium - UT San Antonio Today
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City Council creates entertainment zones in some neighborhoods to spur night life
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Entertainment and more in the Mid-Ohio Valley
PARKERSBURG – The Artsbridge weekly calendar of events and programs: TODAY * Anything Goes: Wild Things, all member exhibition of the West Virginia Watercolor Society, Parkersburg Art Center * Belpre Holiday Lights, Civitan Park * Festival of Trees Display, Blennerhassett Hotel and Spa * Shannon Hammer, naturalist photography display, 9 a.m. to 4 p.m., WesBanco, […]
Liberty Science Center is letting kids meet Santa in their pajamas during the 2025 holiday season
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Looking for a Used Car That's a Joy to Drive? Start with These Picks for the Best Used Sports Cars
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Another restaurant in beleaguered San Francisco mall closing
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Progress in politics: Politicians say New Mexico Legislature more welcoming to women
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SPONSORED Novartis makes $23 billion investment in America's health
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3.0 magnitude earthquake shakes East Bay
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Top bipartisan lawmakers support releasing video of controversial boat strikes
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Henry Does Sports: Cricket with South Asian Student Organization
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GOP officials in swing districts brace for fallout if health care subsidies end
House Republicans in battleground districts hope to contain the political fallout as thousands could face higher bills for health insurance coverage.
Swing district Republicans brace for political fallout if health care subsidies expire
ALLENTOWN, Pa. (AP) — Republicans in key battleground U.S. House districts are working to contain the political fallout that may come when thousands of their constituents face higher bills for health…
Swing district Republicans brace for political fallout if health care subsidies expire
House Republicans in key battleground districts are working to contain the political fallout expected when thousands of their constituents face higher bills for health insurance coverage obtained through the Affordable Care Act.
Swing district Republicans brace for political fallout if health care subsidies expire
House Republicans in key battleground districts are working to contain the political fallout expected when thousands of their constituents face higher bills for health insurance coverage obtained through the Affordable Care Act.
Influence 125: Mark Lazarus, Turner Entertainment Group/NBCUniversal/Versant
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From politics to painting: works by Albanian prime minister Edi Rama are new art fair favourites
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Santa Stumble returns to Lancaster city this weekend
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PVUSD brings computer science nights to Watsonville High, Santa Cruz MAH
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Barry Bonds will never make the Hall of Fame. Here’s why I’m now OK with that
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Sound Smart: 7 Observations from NFL Sunday in Week 14
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Business Schools Changed Higher Ed Once. They’re Needed Again
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Enabling precise predictions with proton radiography
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Carolina Hurricanes vs. San Jose Sharks
Shedeur Sanders was CLUTCH down the stretch 😤
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Center for Politics hosts Sen. Bernie Sanders to discuss the future of democracy
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I got my kids, all 8 and under, a DVD player. It made family movie night more enjoyable and saved my sanity.
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Cassidy projects optimism on winning bipartisan support for his health care plan
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JIM CLOERN: The scientist and science I mourn
By Ariel Rubissow Okamoto A man died recently who was one of my heroes. Inside his big brain lay the secrets of San Francisco Bay. In one sentence he could explain the relationships between the tiny plants drifting aimlessly in the shallows, the muscular salmon leaping upstream, and the health of the planet. He had a warm smile, a curl to his hair, a ready chuckle. But I did not know this man well. For decades he ran a monthly data […]
Knicks' Mitchell Robinson: Starting sans Towns
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Strike down Voting Rights Act to make politics sane again
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Yuletide settles upon the shire at Pennsylvania Renaissance Faire grounds [photos]
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Progress in politics: Politicians say New Mexico Legislature more welcoming to women
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Politics-first Christians are living in the wrong chapter of history
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Republicans must be careful with the optics of Trump’s ICE raids
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AppleInsider.com
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Fayette County's Preslee Kelly leads top performers with 34-point game
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Exclusive | NYC health food chain Pura Vida's tuna sandwich has triple the fat...
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It’s Not Just You. Users Struggle With the Instagram Repost Button.
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Taylor University basketball fans storm court as part of iconic...
Thousands of Taylor University students stormed the basketball court as part of the prestigious school's cherished -- yet chaotic -- annual "Silent Night" Christmas tradition on Friday night.
Rail construction costs accessibility business hundreds of thousands
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Murkowski is seeking bipartisan compromise on health care subsidies as deadline approaches
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French Gourmet in Pacific Beach to close after nearly 4 decades in business
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Jason Robertson with a Powerplay Goal vs. San Jose Sharks
Brooks and Capehart on the political fallout over Trump's boat strikes
December 5, 2025
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19 unique small business gifts that beat the boring big-box picks
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Santa Barbara County Health Pauses Transition of Immigrant Patients to Other Care Providers
The County of Santa Barbara Health Department paused its planned transition of immigrant patients other primary care providers.
Science journal retracts study on safety of Monsanto’s Roundup: ‘serious ethical concerns’
Paper published in 2000 found glyphosate was not harmful, while internal emails later revealed company’s influence
DeSantis details phased approach to eliminate Florida property taxes with 2026 ballot requirement
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U.S. cities pitch to host worlds in Olympic sports
Officials from a dozen U.S. cities visited Lausanne, Switzerland, to show that they want to host more world championships and top events in Olympic sports.
U.S. cities come to home of Olympic sports to pitch hosting future world championships
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UK-EU youth mobility scheme could let tens of thousands live and work abroad
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Rep. Juan Ciscomani, under pressure, backs longshot health care plan
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D.C. health insurance cuts could cost lives, advocates say
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US appeals court rejects Trump administration bid to halt grants for school mental health workers
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Burglars break into recycling center business in downtown LA
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Chargers vs. Eagles Injury Report
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Supreme Court hands Trump victory in fight over Texas congressional map
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Arts and Entertainment Agenda, Dec. 5-12
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Issa will run for reelection in California rather than move to Texas
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Tennessee special election shows the power of partisan gerrymandering as Trump pushes for more of it
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My family just stayed at our first all-inclusive resort. I really, really wish we'd done it sooner.
Our family enjoyed our first stay at an all-inclusive resort in Jamaica. The kids got more independence and we were pleasantly surprised by the food.