Finding the Unicorn? Global Access to COVID-19 Vaccines in Terms of the TRIPS Waiver, the Right to Health and the Right to Development

Abstract

This paper seeks to provide an analysis on global access to COVID-19 vaccines from the aspects of international law, in terms of the TRIPS waiver of patents as well as the right to health and the right to development. In this vein, it is discussed if WTO member states parties to international instruments declaring the right to health or the right to development have any obligations under international human rights law to wave patents of coronavirus jabs? If so, is it enforceable in a legal way? And if this obligation does exist, and it is enforceable, is it effective for real? Or are we only trying to find the unicorn?