Populism, the Pandemic & Prospects for International Law

KFG Working Paper Series, No. 45, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?” (2020)

31 Pages Posted: 27 Oct 2020

See all articles by Campbell A McLachlan

Campbell A McLachlan

Victoria University of Wellington - Faculty of Law; New Zealand Law Foundation

Date Written: October 2020

Abstract

Populism has fatally weakened the world’s ability to respond to COVID-19, by undermining the capacity of the structures and mechanisms of international law to address the pandemic. The pandemic has exposed as a fallacy a key tenet of populism – to protect the ‘people’ of a nation from external forces, including international law. In fact international law, through the principle of self-determination, enshrines the ability of peoples to determine their own political organization. But this does not preclude agreement at the international level on matters of common interest to humanity as a whole that require community action. The prevention of infectious disease is just such a case, which states have long agreed could not remain solely the preserve of national polities, but requires a common international response. This paper, placing the current crisis in light of the development of international health law, critically examines the response of key populist governments to COVID-19 in order to address the larger issue of the implications of populism for the fate of international law.

Suggested Citation

McLachlan, Campbell A, Populism, the Pandemic & Prospects for International Law (October 2020). KFG Working Paper Series, No. 45, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?” (2020), Available at SSRN: https://ssrn.com/abstract=3715745 or http://dx.doi.org/10.2139/ssrn.3715745

Campbell A McLachlan (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

New Zealand Law Foundation ( email )

New Zealand

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