Pandemics without Borders? Reconsidering Territoriality in Pandemic Preparedness and Response Instruments
The COVID-19 pandemic has (yet again) disclosed that the notion of borders resembles a distinct emanation of legal fiction.

The COVID-19 pandemic has (yet again) disclosed that the notion of borders resembles a distinct emanation of legal fiction.
We argue that the human right to participation should extend to permanent seats and votes for civil society and affected communities on governance boards.
The prism of the “shared responsibility model” provides an opportunity to consider potential global health governance models for emergency actions.
Only a legally enforceable framework can ensure that solidarity is matched with reciprocity that is in the global public interest.
Either through hard or soft law, there is a strong case to be made in favor of designing positive “rewarding” mechanisms to encourage cooperation.
A pandemic instrument should enhance roles for and communication between regional and global governmental bodies and especially non-governmental actors.
The international community must avoid entrenching in international law a system indifferent to right-to-health core obligations.
The age of hyper-globalization requires global institutions that enable global – collective – responses to contain pandemics worldwide.