Are We Heading Towards a Changed Order of International Legal System? A Post-COVID-19 Approach
| Published date | 01 January 2025 |
| DOI | http://doi.org/10.1177/23220058241307371 |
| Author | Niharika Salar |
| Date | 01 January 2025 |
| Subject Matter | Articles |
Are We Heading Towards a Changed
Order of International Legal System?
A Post-COVID-19 Approach
Niharika Salar1
Abstract
The COVID-19 pandemic has significantly disrupted the global order, challenging long-standing
assumptions about the North–South divide and the efficacy of international legal frameworks. This
article argues that the pandemic has accelerated the emergence of a new international legal regime, one
that moves away from the Western-centric approach that has historically dominated global governance.
The first part critiques the North–South divide, demonstrating its diminishing relevance as nations in
the Global South, including India and Vietnam, responded more effectively to the crisis compared to
their First World counterparts. The paper also highlights the economic struggles of the Global North,
challenging the traditional view of the divide. The second part examines the role of International Health
Regulations and state responses during the pandemic, arguing that the current legal framework is
inadequate to address the complexities of global health crises. Drawing on the theories of Vitoria
and Grotius, the article explores the evolving concepts of sovereignty and freedom of movement in
the context of isolation and quarantine measures. The article concludes that we are witnessing a shift
towards a changed world order, where the old Western-centric legal regime is being replaced by a
more inclusive and cooperative international system, driven by the need for greater coordination and
transparency in the face of global challenges like pandemics.
Introduction
In the post-COVID-19 world, we are faced with challenging questions regarding the enduring relevance
of the teachings of Vitoria and Grotius.2 It is particularly striking to observe the diverse response
3 Countries that once prided themselves
on their world-class healthcare systems—often the global powerhouses—found themselves struggling in
1 Queen’s University, Belfast, UK
2 The Classics of International Law (1909), 3(3)
The Long Goodbye: Hugo Grotius’ Justification of Dutch Expansion Overseas, 1615–1645, 36(4) 386 (2010),
https://doi.org/10.1016/j.histeuroideas.2010.05.003
3 Covid-19 and India’s Institutional Response: The Centre State Relationship, https://law.nus.edu.sg/impact/covid-19-indias-
institutional-response-the-centre-state-relationship/
Article
Asian Journal of Legal Education
12(1) 61–73, 2025
© 2025 The West Bengal National
University of Juridical Sciences
Article reuse guidelines:
in.sagepub.com/journals-permissions-india
DOI: 10.1177/23220058241307371
journals.sagepub.com/home/ale
Corresponding author:
Niharika Salar, Queen’s University, Belfast, UK.
E-mail: nsalar01@qub.ac.uk
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