Covid-19 and the International Response: An Inquiry into the Possibility of a Global Pandemic Treaty

Covid-19 and the International Response: An Inquiry into the Possibility of a Global Pandemic Treaty

*

Volume 15 Issue 1 ()

We are currently living in an unprecedented time where the global COVID-19 pandemic has caused havoc to everyday life and claimed innumerable fatalities. Rightly, the world is seeking answers and truths during a time when there have been more unknowns than knowns regarding the virus. States are attempting to curb the virus, regain control, and most importantly, protect the lives of as many citizens as possible. While each State has the responsibility to protect its own citizens by implementing a range of domestic measures, there have also been international prohibitions on foreign travel, previously been unseen by many people. However, neither a single State nor an organisation can overcome the pandemic alone. This is where the academic attention turns towards public international law to shed light on the situation and gain insight into the international legal response. This is due to the decentralised nature of the international legal system that is vastly fragmented. International law and norms do not seamlessly fit together like a jigsaw and instead they often highlight gaps between regulations. The paper seeks to address whether the international legal regime is robust and effective enough to address these concerns. The paper addresses the role and response of the World Health Organisation, the United Nations Security Council, the United Nations General Assembly, and domestic courts, to the pandemic. The paper concludes that while international law is reactive to the societal needs, the legal regime does have the ability to adapt following the current pandemic. Thus, it argues that conducting an international deliberation and the formation of a ‘Pandemic Treaty’ would clearly display the potential and the possibility for international law to be effective during a future pandemic.

Cite as: Natasha Gooden, Covid-19 and the International Response: An Inquiry into the Possibility of a Global Pandemic Treaty, 15 NUJS L. Rev. 82 (2022)