Publication: The Supply Of Covid-19 Vaccines: An Analysis Of Article Xi Of Gatt 1994 Of The World Trade Organization (WTO)
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Date
2021
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Zes Rokman Resources
Abstract
The world is facing an increase in the global demand for Covid-19 vaccines. Developed countries have been top manufacturers, but vaccine production has not been sufficient. The supply becomes critical when developed nations over-purchase the vaccines at the expense of equitable supply to other countries. Due to the production shortage of the vaccines, the Least Developed Countries (LDCs) and middle-income countries suffer in the queue against other developed countries, and predictions showed that the LDCs would not produce herd immunity in the country the next couple of years. To resolve the limited vaccine supply to the LDCs, it is pivotal that producing countries comply with Article XI of the General Agreement on Tariffs and Trade 1994. This rule stipulates that there should be no imposition of restrictions other than duties or taxes on any contracting party in a trade. This rule also shows that significant vaccine suppliers such as the US, China, Germany, and Russia ought to prioritise the needs of the LDCs in terms of the necessity for their front liners and vulnerable groups. Compliance with Article XI of GATT 1994 is necessary to reduce preventable deaths in LDCs by ensuring sufficient vaccines reaching the LDCs. While Article XI has been in force since 1995, the developed nations have not been observing the binding effect of Article XI in the multilateral regime of the WTO. Instead, LDCs and middle-income countries resorted to the Covax Facility and separate vaccine agreements with the developed nations to obtain vaccines. This paper concluded that while Article XI legally binds the Member States under the WTO and promotes free and fair trade, it does not make vaccine trade obligatory between nations. Alternative methods through Covax and separate agreements are necessary to address the gap of Article XI
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LDCs, GATT, vaccine, Covid-19.