Privileges and Immunities of Global Public-Private Partnerships: A Case Study of the Global Fund to Fight AIDS, Tuberculosis and Malaria

Davinia Aziz, National University of Singapore

Abstract

The question of whether it is at all appropriate to extend privileges and immunities regimes beyond international organizations to the increasingly ubiquitous global public-private partnership structure has received little attention to date in the scholarly literature. This article examines this question through an analysis of the Global Fund to Fight AIDS, Tuberculosis and Malaria, a permanent global public-private partnership that formally incorporates non-state actors as equal players in its core governance structures, concluding that considerations of genesis and administrative law-type analyses of institutional design may substitute for the constituent treaty of classical international law in order to identify which global public-private partnerships should benefit from those privileges and immunities that are strictly necessary to facilitate the effective fulfilment of their mandates.