Research On Legal Guarantee Of Equitable Access To Medicines In Developing Countries In The Context Of PHEIC

The global issue of equitable access to medicines caused by Public Health Emergency of International Concern(PHEIC)has a long history,the COVID-19,which was declared PHEIC on 30 January 2020,has sparked worldwide concern about equitable access to medicines.The lack of equitable access to medicines for people with infectious diseases has made it difficult to effectively contain the epidemic and public health crisis,a phenomenon that is particularly prevalent in developing countries.This paper is a five-part study on the rule of law guarantees of equitable access to medicines in public health emergency of international concern from the perspective of international law,with developing countries as the subject of study.The first part clarifies the meaning of equitable access to medicines and its basis in international law,and analyses the importance of addressing equitable access to medicines in developing countries for their own public health,as well as for global public health and global epidemic control.This section sets the stage for the following study on equitable access to medicines in developing countries.The second part takes the current situation of access to the COVID-19 vaccines in developing countries as an example to reveal the real dilemma of equitable access to medicines faced by developing countries,and analysis the contradictions between pharmaceutical patents and pharmaceutical accessibility in the World Trade Organization’s(WTO)Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPs)and the limitations of the World Health Organization’s(WHO)International Health Regulations(IHR)in global public health governance,from the perspective of international law.The third part examines the legal practice of typical developing countries in relation to access to medicines,and provides references on how to make domestic laws and policies in accordance with international law and solve access to medicines according to specific national conditions.The fourth part concludes the suggestions and countermeasures of two international organizations to promote equitable access to medicines in developing countries:WTO should work to promote a balance between rights and obligations in the TRIPs agreement,establish public health as the primary value option and provide a way forward for the full application of the flexibility clause;WHO should enhance the compulsory power of the International Health Regulations through procedural improvements,improve the standardisation and transparency of the declaration of PHEIC,and refine the legal implementation of additional health measures.In the fifth part,in the light of the current situation of access to medicines in China,the rule of law for improving equitable access to medicines in response to international public health emergencies is presented as a solution for China.First,strengthen the coordination of the three legal systems to ensure fair and accessible medicine in China;Secondly,we should make full use of and abide by the rules of international law;Finally,in response to the global health crisis,the concept of a human health community should be upheld to promote fair access to medicines.