冠状病毒(COVID-19)危机激发了某些圈子里在全球卫生领域制定新的有约束力文书的热切愿望。这在许多方面都是出人意料的事态发展:卫生政策安排大多以软性规范为基础,世界卫生组织(WHO)在其 76 年历史中仅仅通过过两项有约束力的协议。在世界卫生组织2以往谈判中,正是那些如今牵头推动就大流行防范与应对制定有约束力条约的、极具影响力的成员国,曾多次清楚表明它们反对条约提议的立场。SARS-CoV-2 引发的紧急局面,显然治愈了“条约疲劳”的症状——尤其是在艰难完成《烟草控制框架公约》(FCTC)3的谈判之后——而若干多边公共卫生行为体曾坚持认为,这种疲劳正是它们不愿进行有约束力规范制定的根源。如今宣示的意图,是建设一个更稳健、能够保护后代子孙的全球卫生架构。人们认识到,未来还将出现其他大流行和重大卫生紧急事件,而任何单一政府或多边机……
The coronavirus (COVID-19) crisis has ignited eagerness in some circles for new binding instruments in the global health arena. This is an unexpected development, in many ways: health policy arrangements are mostly grounded on soft norms, and the World Health Organization (WHO) has adopted binding agreements only twice in its 76 years of history. On several occasions, a clear message of opposition to treaty proposals in past negotiations at the WHO2 had been manifested by those very influential member states that are now spearheading the idea of a binding treaty for pandemic preparedness and response. The emergency scenario triggered by SARS-CoV-2 has apparently healed the treaty fatigue symptoms – particularly after the laborious negotiations on the Framework Convention on Tobacco Control (FCTC)3 – that several multilateral public health actors had maintained was the source of their reluctance to binding norm-setting. The proclaimed intention now is to build a more robust global health architecture that will protect future generations. The recognition is that there will be other pandemics and major health emergencies in the future, which no single government or multilateral agenc…