Pandemic Treaty? Framework Convention? Accord? What's in a name?

As the world moves closer to the anticipated May 2024 target date set by Member States to submit a Pandemic Agreement for consideration at the World Health Assembly (WHA), negotiations continue.?While the current draft is entitled an “agreement,” the document also refers to a potential “convention” or “other type of international instrument.”?We’ve done some analysis on terms.

During its second meeting in July 2022, the Intergovernmental Negotiating Body (INB) identified Article 19 of the World Health Organization Constitution as the legal provision guiding the adoption of the pandemic agreement. Articles 19 and 20 delineate the initial adoption process, mandating a two-thirds majority vote by the WHA, followed by an 'opt-in' procedure spanning no more than 18 months, signaling a country's intent to participate.

The current draft text stipulates that a minimum of 40 Member States must ratify, accept, or approve the agreement within their national processes for it to become legally binding upon those States. Member States yet to complete this process can accede to the agreement after its entry into force.

The WHO Constitution does not draw a distinction between "conventions" or "agreements." Article 19 has been applied by States once previously with the adoption of the 2003 WHO Framework Convention on Tobacco Control (FCTC). While Article 19 does not specifically refer to a ‘framework’ convention model, but rather a ‘convention,’ the FCTC was developed as such, borrowing its format from environmental law.

A framework convention in international law typically establishes broader principles and commitments for States, as well as structure and procedures for governance. Specific, more detailed obligations and targets may be left to be determined in subsequent protocols that also require adoption by Member States to come into force. While securing high-level binding commitment to the overall principles, a framework convention provides Member States with flexibility as they can choose to join only a subset of specific obligations.

While Article 19 has been identified as the primary provision for the pandemic agreement, Article 21 of the WHO Constitution has not been fully excluded. Specific to certain work areas, Article 20 is “opt-out" and enters into force automatically with a simple majority vote for all Member States unless they have notified WHO of their intent to reject the instrument within a given time frame.

For the full details on the different options being discussed, please check out our recent policy brief.?

In terms of next steps, the eighth meeting of the INB will take place from 19 February - 1 March 2024 in Geneva. Member States will need to propose amendments to the draft text by 15 January 2024 in order to be considered.??

Wishing you happiness and good health, and see you in 2024!??