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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
AI Business Deals Are Getting a Bit 2008-ish
The complex financial ties binding the sector together could become everyone’s collective downfall.
Panasonic Whisper Symphony™ Transforms Your Bathroom with Entertainment, Comfort, and Innovation
Panasonic, a leading provider of ventilation and sustainable home comfort solutions, today announces its new Whisper Symphony™ exhaust fan, now available for purchase in stores and online at The Home Depot and Do it Best. Designed for modern homeowners and DIYers, this innovative fan enhances daily bathroom routines by combining Panasonic's superior ventilation, energy-efficiency, and immersive audio into a single, easy-to-install solution.
UT may merge school, programs in bid to create 'center of excellence'
The new UT school would live in the College of Natural Sciences and combine the Computer Science, Statistics and Data Sciences and Information fields of study.
Jesse Tyler Ferguson recalls blunder to Nathan Lane after the death of Robin Williams
Jesse Tyler Ferguson is recalling a slight blunder he made to Nathan Lane after the death of Robin Williams, his costar in the beloved queer comedy 'The Birdcage': 'I'm such an idiot.'
Knicks' Mitchell Robinson: Reverting to bench Tuesday
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I’m Trans and Playing Sports Changed Me for the Better
By Sasha Buchert, Lambda Legal Counsel, Nonbinary & Trans Rights Project Director For as long as I can remember, people have been throwing wiffle balls, basketballs, footballs, dodgeballs, volleyballs, frisbees, hockey pucks, and boomerangs at me. As an adult, I’m now part of an adult softball league, where I get softballs hurled at me all...
Roundup: Small business confidence / Commercial real estate / Private consumer lending
Ticking up: Small business confidence rose slightly in November, with the NFIB optimism index climbing to 99.0 on stronger sales expectations, outperforming forecasts. However, hiring remains challenging, as labor quality is still the top concern. Meanwhile, inflation pressures and supply chain disruptions are growing and uncertainty over future investment has increased. Expectations for better business […]
Does college sports need a CBA? Some ADs are starting to think so
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Binnington named Sports Personality of the Year
Jordan Binnington was named the Sports Personality of the Year at the 2025 Jack Buck Awards on Monday night. Binnington received the award from former Blues goaltender Mike Liut, who previously won Sports Personality of the Year in 1981, at the Missouri Athletic Club in downtown St. Louis. Binnington is
NCAA men's soccer championship: All-time winners list
Saint Louis University has won more NCAA men's soccer championships than any other team, with 10 titles. Check out the all-time winners list now.
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Combining Energy With Computational Science, UT Launches Program To Bolster Texas, U.S. Energy Dominance
Kay Bailey Hutchison Energy Center-Oden Institute Alliance Supported by O’Donnell Foundation
Warner Music Group Executive Paul Robinson To Receive The 2026 Entertainment Law Initiative Service Award During GRAMMY Week 2026; ELI Writing Contest Honorees Announced
Paul Robinson and the 2026 ELI Writing Contest honorees will be honored at the 2026 Entertainment Law Initiative GRAMMY Week Event, taking place during GRAMMY Week 2026, days ahead of the 2026 GRAMMYS.
Golden Globes Best Podcast Category Shuts Out Joe Rogan, Political Podcasts
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Canes' Cristobal feels for Irish: 'A tough business'
Miami coach Mario Cristobal is relieved the Hurricanes earned a berth in the College Football Playoff field, but he understands the selection process isn't perfect
MediaKind and Harmonic’s Video Business to Combine, Creating a Leading Streaming-Infrastructure Platform
Denver, COLORADO – 8 December, 2025 – MediaKind, a global leader in cloud-based video streaming technology, today announced it has entered into an agreement to acquire the Video Business of Harmonic Inc. (NASDAQ: HLIT) for approximately $145 million. Following a French employee works council consultation process, the parties would immediately execute a purchase agreement, and… Continue reading MediaKind and Harmonic’s Video Business to Combine, Creating a Leading Streaming-Infrastructure Platform
Harmonic Announces Pending Sale of Its Video Business to MediaKind
/PRNewswire/ -- Harmonic (NASDAQ: HLIT), the worldwide leader in virtualized broadband and video delivery solutions, today announced it has received a binding...
Trump says Netflix-Warner deal 'could be a problem'
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After months of bending the Kennedy Center to his will, Trump takes center stage for the annual honors
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Scientists Finally Explain Mysterious “Impossible” Merger of Two Massive Black Holes
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Rally House Breaks Company Online Sales Record After Electric Sports Weekend
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Trump lashes out as latest Charlotte light rail stabbing reignites political fight
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Knicks' Mitchell Robinson: Starting sans Towns
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Man arrested in fatal November stabbing at Piere’s Entertainment Center
ABC21 News Sunday Morning
Don’t exploit Christianity for populist politics, church leader warns Tommy Robinson
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Established sports franchises lost ground to newcomers on PC in 2025
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'The Chair Company' Is A Show About How Fun It Is To Use The Computer
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U.S. cities pitch to host worlds in Olympic sports
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Boston 25 News
"This acquisition brings together two pioneering entertainment businesses, combining Netflix’s innovation, global reach and best-in-class streaming service with Warner Bros.’ century-long legacy of...
Theology Department Unveils New Interdisciplinary Minor in Theology, Science, and Technology
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Massive volcanic eruptions may have actually caused the Black Death | BBC Science Focus Magazine
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Planet Earth has never had so many billionaires
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Advancing the America First Global Health Strategy Through Landmark Bilateral Agreements on Global Health Cooperation - United States Department of State
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Weapons, drug compounds seized from Palm Bay business during raid
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How to watch 2025 NCAA men's water polo championship on ESPNU
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NCAA women's volleyball tournament: Bold predictions, must-watch players and more
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Amazon Fire TV's new AI feature lets you jump to scenes by describing them to Alexa+
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The Live Nation litigation minefield: lessons from a legal crossroads for the live entertainment industry and beyond
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NCAA women's soccer championship winners: All-time list
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Time running out for Trump, lawmakers to fix soaring health care costs
Millions of Americans will see a big jump in prices after year's end - if a bipartisan agreement remains elusive to keep costs down
Time running out for Trump, lawmakers to fix soaring health care costs
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Trump says Americans may soon pay ‘no income tax’ as White House explores alternative revenue streams
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Follow all the updates from Indian sports on December 2, 2025.
Trump said he was ‘sharper than I was 25 years ago.’ Then he spent an hour appearing to doze off – again.
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Paramount throws in more cash in bid for Warner; Comcast wants to combine assets with NBCUniversal
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Fact check: Trump delivers long list of false claims at Cabinet meeting
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'Affordability is a con job by the Democrats': Trump tells Cabinet.
Trump promoted lower inflation and tariffs at a Cabinet meeting where he called Democratic complaints about 'affordability' a 'scam.'
Vanderbilt Is Leading The Future Of Business In Healthcare
Vanderbilt Owen’s Healthcare MBA combines business with hands-on learning, preparing students for diverse careers in a growing industry.
Chris Eubank Jr hints at scary health issue
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Watch live as President Trump holds Cabinet meeting Tuesday
President Trump is holding a meeting with members of his Cabinet on Tuesday, Dec. 2. Watch it live here.
Peter Kay’s binge eating struggle and weight loss: What his health journey teaches us | - The Times of India
Peter Kay bravely shared his personal journey of overcoming binge eating and achieving remarkable weight loss, focusing on health rather than temporar
Allen County Coroner identifies victim of deadly Piere’s Entertainment Center stabbing
21Alive Morning News
Does Recent Business Model Shift Make DocuSign a Better Value for Investors in 2025?
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QB recruit Huhn following Franklin to Va. Tech
QB Troy Huhn, a former Penn State pledge and ESPN's No. 10 pocket passer in the 2026 cycle, announced his commitment to Virginia Tech, reuniting with coach James Franklin.
Allen County Coroner identifies victim of deadly Piere’s Entertainment Center stabbing
The Allen County Coroner’s Office has identified the victim of a fatal stabbing at Piere’s Entertainment Center.
Why Your Company Needs a Chief Data, Analytics, and AI Officer
Who should be in charge of data, analytics, and AI? While there are many possible divisions of responsibility and reporting structures, a combined role—the CDAIO (Chief Data, Analytics, and AI Officer)—will best prepare organizations as they plan for AI going forward. To succeed, this role needs a clear mandate that includes owning AI strategy, preparing for a new class of risks, developing the AI tech stack, ensuring the company’s data is ready for AI, creating an AI ready culture, developing talent and partnerships, and generating significant ROI on AI investments. Given the emphasis on business value creation, in most cases CDAIOs should be positioned closer to business functions than to technology operations.
McKnight foundation honors founding member of Oral Health Task Force
Paul Nelson has been awarded the 2025 Virginia McKnight Binger Heart of Community Honor for the Northeast Region. The award recognizes seven Minnesotans from across the state who demonstrate compassion and service in their communities. Each recipient receives $10,000 in recognition of their impact. The announcement was made on Monday, Nov. 24, 2025, by the...
Missouri 39th state to legalize sports gambling
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Kongsberg Discovery and MacArtney enhancing defense, energy, and ocean science underwater menu
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Lane Kiffin, Thanksgiving and CFB conference champs: A busy weekend at the sportsbooks
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Follow all the updates from Indian sports on December 1, 2025.
The 8 best Cyber Monday streaming deals to subscribe and save in 2025
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‘It’s a war crime’: Trump administration reels
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Why we have to continue with animal testing for medical research
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22 movies no one expected to bomb at the box office
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