South Africa's influence in multilateral organisations : a case study of the proposal for a TRIPS waiver at the WTO

Abstract

The COVID-19 pandemic occurred at a time that multilateral cooperation was confronted with legitimacy, accountability, and representation deficits. It was in this environment that South Africa and India presented a proposal for a waiver at the World Trade Organisation (WTO), on the Trade Related Aspects of Intellectual Property Rights (TRIPS) provisions with regards to COVID-19 vaccines, diagnostics, and therapeutics. The reaction of the various global key players to the proposal was a further indication of the deficits in the system. This study explores the question of “is South Africa, as an emerging power, influential in the system of global governance?” The joint proposal that South Africa and India put forward at the WTO is used as a case study. The attributes of emerging powers and their role in multilateral organisations have been considered as indicative of South Africa’s status. A description of the key concepts was incorporated to provide the context for analysis of South Africa’s subsequent behaviour at the WTO. The reactions of the WTO member states and regional groups which opposed the waiver proposal, notably the European Union, indicates that the system of global governance is still largely influenced by developed countries. The final Decision was a compromise that carefully balanced the interests of all WTO member states. It was, however, significant that the WTO managed to reach consensus and adopt a Decision that binds all of its member states.