Title : Transparency principle and non-parties’ participation in the WHO pandemic agreement

As an important doctrine of international law, the principle of transparency has gained its significance on the formulation, implementation and institutional operation of modern international agreements. With the ease of the COVID-19 epidemic, the World Health Organization (WHO) is currently negotiating a Pandemic Agreement in order to prevent from, prepare for, and respond to future pandemics. The Pandemic Agreement will be concluded pursuant to Article 19 of the WHO Constitution in the form of Agreements or agreements, and if successfully adopted, will become the first treaty to address pandemic matters and the second international health legal document formulated in the form of a treaty since the WHO Framework Convention on Tobacco Control (FCTC) came into effect in 2005. Despite the failure of adoption in the 77th World Health Assembly in May 2024, the mandate has been given to continue the negotiation, and the latest version of the draft is the one that the 9th Session of Intergovernmental Negotiating Body submitted to the 77th World Health Assembly.

This paper explores the role of non-Parties, including non-State actors in the participation of WHO Pandemic Agreement negotiation and implementation through the lenses of transparency doctrine as a fundamental guiding principle in international laws. With a view to access the level of embodiment of transparency principle, this paper examines relevant provisions of the the Pandemic Agreement based on five aspects of functions of a broad concept of transparency, namely, rule-making, implementation, deliberation, accountability and access to information under international laws. The purpose is to access the level of fulfillment and potential insufficiencies of the text to reflect the content and spirit of transparency in the Pandemic Agreement with a particular focus on its impact on non-Parties’ evolvement and contribution in the WHO Pandemic Agreement negotiation and implementation.

Pei-Kan Yang is a law professor specializing in international trade and health law. He holds a J.D. from Duke University Scholl of Law and LL.M. from Notational Taiwan University College of Law. He taught health and trade laws in Taipei Medical University in 2011-2013 before coming to the current position. He is also a member of the Asian Center for WTO & International Health Law and Policy under National Taiwan University. He serves as a member of editorial committee of the Asian Journal of WTO & International Health Law and Policy. He also served as a board member to the Society of Law and Medicine in Taiwan and a commissioner of Advisory Council for GMO Food under Ministry of Health and Welfare. Professor Yang has been recommended on the roster of legal experts on Framework Convention on Tobacco Control by MOHW to the World Health Organization, and commissioned to assist MOHW in participating many sessions of Conference of Parties to the WHO/FCTC or engaging in various international exchange activities.