A Moment for Reflection and Reform

As global negotiations continue on a new pandemic treaty, Parwani sees a rare opportunity for legal transformation. 'With ongoing negotiations for a new pandemic agreement, we have a unique opportunity to design a new international legal instrument on pandemic prevention, preparedness, and response,' she explaines. 'This moment presents an important window for reflection and reform, especially when considering the experience with global vaccine inequity during COVID-19.'

Parwani began this work in 2021 as part of her PhD. Witnessing the inequitable global distribution of vaccines at the height of the pandemic sparked a deeper inquiry into the structural and legal dynamics that enabled it. 'The inequities we witnessed were not unprecedented—they were symptomatic of long-standing structural problems in global health governance and pharmaceutical access that have persisted for decades.'

Her PhD research focuses specifically on how the EU and India influence vaccine access in least-developed countries—shedding light on the role of powerful states and institutions in shaping health outcomes beyond their borders.

Introducing 'States Capabilities'

At the core of her paper is a new conceptual framework: states capabilities. This refers to a state’s genuine and effective opportunity to meet goals like vaccine access. This opportunity is shaped by factors both internal (e.g. population, natural resources, domestic legal frameworks) and external factors (e.g. other states, international and regional organizations, transnational business actors all operating within international legal frameworks and the global economic order). 'It’s not just about what states should do according to international law, but what they can actually do in practice.' Parwani says. 'With these legal frameworks, the most stringent obligations are reserved for states vis-à-vis their own populations, without an adequate account of how much a state’s ability to meet those obligations is influenced by external actors – foreign states, transnational businesses, and international organizations.'

Her framework builds on Third World Approaches to International Law (TWAIL) by highlighting how current legal systems fail to account for global interdependence and power asymmetries in pandemic preparedness and vaccines access.

Why the Capabilities Approach?

Parwani draws theoretical inspiration from the Capabilities Approach, originally developed by Amartya Sen and Martha Nussbaum. This framework prioritizes genuine opportunities to achieve well-being over formal legal entitlements or resources alone. 'There were certain aspects of the capabilities approach which were particularly appealing to me in addressing the limitations of international human rights law that TWAIL critique highlights.' She continues, 'The mere presence of a vaccine is not in and of itself sufficient—it matters whether people can effectively access and use them to enhance their well-being. Further, this approach views human rights – for instance, the right to health – as instrumental in achieving human well-being, but the ultimate goal remains the maximum realization of capabilities and human well-being, and not the rights themselves. So, for my analysis, the Capabilities Approach offered a theoretical foundation to interrogate vaccines access in a more holistic way.'

In her work, she adapts this concept to the level of states, arguing that boosting a state’s capability to act must become a central goal of global legal frameworks.

What Should the Pandemic Treaty Do?

Looking ahead, Parwani argues that the forthcoming pandemic agreement must include robust, enforeceable measures that strengthen the capabilities of all states, especially those with fewer resources. 'At a minimum, this should include mandates for states to refrain from actions that may undermine the capabilities of other states, and ideally, require states and non-state actors to actively support other countries—especially LMICs—in strengthening their capabilities.'she concludes. 'This can be realized through inclusion of detailed and robust provisions on pathogen access and benefit-sharing mechanisms, mandatory technology transfer, linking public R&D funding to conditions for vaccines access, and commitments on countries to refrain from discouraging other states from using TRIPS flexibilities.'