In light of the COVID-19 pandemic, this research seeks to analyse the impact of the global health crisis on the international legal order. The main argument is that while the focus of international law has been on the elimination of war towards global peace and security, the COVID-19 pandemic has shed light on the shortcomings of international law in dealing with a global health crisis. By considering the specialized mechanisms under international law for dealing with a pandemic, the research will reveal the critical role that international law can play in fostering global health. The research is based on a qualitative examination utilizing a deliberate audit of extensive literature on international law and the COVID-19 pandemic. Secondary data obtained from relevant journal articles, textbooks, reports and internet sources.
Table of Contents
1.0 INTRODUCTION
2.0 LITERATURE REVIEW
2.1 BRIEF HISTORICAL BACKGROUND ON PANDEMICS
2.2 THE COVID-19 GLOBAL PANDEMIC
2.3 THE ROLE OF INTERNATIONAL LAW DURING A PANDEMIC
2.4 LEGAL AND INSTITUTIONAL FRAMEWORK ON PANDEMICS
2.4.1 United Nations (UN)
2.4.2 United Nations Security Council (UNSC)
2.4.3 World Health Organization (WHO)
2.4.4 International Health Regulations (IHR)
2.5 LIMITATIONS OF THE STUDY
3.0 DISCUSSION
3.1 OBLIGATIONS OF STATES TOWARDS THE COVID-19 PANDEMIC
3.2 RESPONSES OF STATES TOWARDS THE COVID-19 PANDEMIC
3.2.1 United Kingdom Response to COVID-19
3.2.2 United States Response to COVID-19
3.3.3 South Africa Response to COVID-19
3.3 TOWARDS A GLOBAL RESPONSE TO THE COVID-19 PANDEMIC
4.0 CONCLUSION
Research Objectives and Themes
This research evaluates the efficacy and impact of the international legal order in addressing the COVID-19 global health crisis, arguing that current legal frameworks are inadequately designed to handle pandemics effectively.
- The historical role of international law in health emergencies.
- Institutional roles of the UN and the World Health Organization during pandemics.
- State obligations and legal responses to the COVID-19 outbreak.
- Evaluation of deficiencies in current international legal instruments.
- The necessity for improved global cooperation frameworks for future health security.
Excerpt from the Book
2.4.4 International Health Regulations (IHR)
The International Health Regulations is a by-product of the International Sanitary Regulations, which was embraced by WHO in 1951 before the subsequent change of name in 1969. The International Health Regulation (IHR) (2005) is a legal framework for international cooperation on public health emergency response. The framework is a binding agreement between 196 countries of the world.
The IHR are a lawfully restricting arrangement of guidelines embraced under the protection of WHO as a worldwide association and are one of the multilateral administrative components carefully zeroing in on worldwide reconnaissance for transmittable infections. The International Health Regulations aim to provide for a structural framework of harmonized surveillance, reporting, and response across all WHO partner states, with these guidelines binding all member states automatically unless dismissed. The outbreak of SARS in 2002 exposed the inadequacies of international law at the time to deal with a pandemic and this prompted revision of the IHR in 2005 intended to achieve a higher level of global health security. The IHR mandates states to develop their national capacity in the prevention, detection and response to a pandemic.
Summary of Chapters
1.0 INTRODUCTION: This chapter introduces the emergence of the COVID-19 pandemic and outlines the study's scope regarding the impact of this global health crisis on the international legal order.
2.0 LITERATURE REVIEW: This section provides a historical context of pandemics, examines the current legal and institutional framework—including the UN, WHO, and IHR—and discusses the role of international law in health governance.
3.0 DISCUSSION: This chapter analyzes state obligations and compares specific policy responses in the UK, US, and South Africa, while identifying the systemic shortcomings in the global response to COVID-19.
4.0 CONCLUSION: The final chapter summarizes that international law is currently ill-equipped to enforce collective action during a pandemic and calls for improved international cooperation mechanisms.
Keywords
International Law, COVID-19, Pandemic, World Health Organization, Global Health Security, International Health Regulations, Public Health, State Obligations, International Legal Order, Global Response, Health Crisis, Institutional Framework, Surveillance, SARS, International Cooperation.
Frequently Asked Questions
What is the primary focus of this research?
The research explores how the international legal order has responded to the COVID-19 pandemic and identifies significant deficiencies in existing mechanisms for managing global health crises.
What are the central themes discussed in the work?
The book centers on the role of the UN and WHO, the legal obligations of nations, the historical context of pandemics, and the need for structural changes in international law to ensure better future health security.
What is the main research question or goal?
The goal is to analyze the shortcomings of current international legal mechanisms in the face of a pandemic and advocate for stronger, more enforceable cooperative frameworks.
Which methodology does the author utilize?
The study employs a qualitative examination, conducting a deliberate audit of extensive academic literature, reports, and secondary data from international legal and health sources.
What is covered in the main discussion part?
The discussion covers state obligations under the International Health Regulations, comparative national responses in countries like the UK, US, and South Africa, and the need for a unified global response strategy.
Which keywords best characterize this work?
Key terms include International Law, COVID-19, Global Health Security, WHO, International Health Regulations, and Public Health Crisis.
Why does the author argue that international law failed in this context?
The author argues it failed because it is structurally organized around sovereign states that often disregard superior authority, leading to a lack of effective enforcement and non-compliance during crises.
How does the author specifically evaluate the UK and South African responses?
The author analyzes the UK response as being heavily influenced by political coordination issues, while the South African response is broken down into eight distinct stages of strategic planning and social management.
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- Brian Khisa (Autor:in), 2021, The Role of International Law in light of the COVID-19 Global Pandemic, München, GRIN Verlag, https://www.hausarbeiten.de/document/1418814
