Many issues which need to be addressed to properly strengthen international health emergency preparedness and response are born out of our unjust neoliberal international society. The dominant perspective on global health security has meant a focus on the Global North ‘protecting’ itself from the Global South which is viewed as the ‘problem area’. This perspective is palpable in most health emergency preparedness and response initiatives, including discussions around a Pandemic Treaty at the World Health Organization. Such issues demand the reimagining of global structures which take a human rights approach and has genuine equity and justice at their centre. There are valid questions regarding the adequacy of a new instrument, a Pandemic Treaty, at this point in time. This policy brief explores some of the questions raised by the proposal for a new Pandemic Treaty at the World Health Organization (WHO) and assesses the limitations of existing binding instruments, such as the International Health Regulations (IHR) of 2005.