For this treaty to have teeth, the organisation that governs it needs to have the power – either political or legal – to enforce compliance. In its current form, the WHO does not possess such powers. In order to enforce compliance, some commentators have recommended concluding the treaty at the United Nations level. However, we fear that it has been already decided with the INB (mandated by WHASS) that a treaty will be developed under the roof of WHO.
To move on with the treaty, WHO therefore needs to be empowered — financially, and politically. If international pandemic response is enhanced, compliance is enhanced. In case of a declared health emergency, resources need to flow to countries in which the emergency is occurring, triggering response elements such as financing and technical support. These are especially relevant for LMICs, and could be used to encourage and enhance the timely sharing of information by states, reassuring them that they will not be subject to arbitrary trade and travel sanctions for reporting, but instead be provided with the necessary financial and technical resources they require to effectively respond to the outbreak. High-income settings may not be motivated by financial resources in the same way as their low-income counterparts. An adaptable incentive regime is therefore needed, with sanctions such as public reprimands, economic sanctions, or denial of benefits.