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A legal analysis of the United Nations response to Covid 19: How the Security Council can still help

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The Covid-19 pandemic, which plagues the world currently has brought to light the inherent deficiencies in the International Legal order and its ability to combat a global catastrophe of this nature. It has caused a complicated situation in which International Law and its subjects; States and International Organisations, in particular, are struggling to uphold the principle of coordination between states, which is one of the founding principles of the system of International Law.

The United Nations is the primary International Organisation in the International Political and Legal arena. It facilitates such coordination and cooperation between states, as well as Non-State entities such as Non-Governmental Organisations and Multi-National Corporations. One of The UN’s primary organs is the Security Council, which has the primary responsibility to maintain International Peace and Security and has the power to promote effective cooperation between states using its powers to pass enforceable resolutions. In the face of arguably the most significant security threat that the world has faced in the recent past, the Security Council has come under much scrutiny for its absenteeism. Estonia, the UNSC president for May, has called the Security Council’s handling of Covid-19 a shame, further stating that the UN body has not fulfilled its responsibilities of tackling the outbreak of Covid-19.

The global nature of this pandemic clearly brings forth the dire need for international cooperation in order to counter the effects of this crisis. This effectively puts the United Nations Security Council at the forefront of any efforts to pave the way for this cooperation. In light of the recent criticism of its inability to do so, the paper seeks to analyze important issues pertaining to the role of the UNSC, its responsibilities, and powers, as well as possible actions that the Council could undertake.

The Security Council’s Mandate and Jurisdiction

The Security Council currently derives its powers to deal with the outbreak of the Novel Coronavirus from past precedent as well as from a purposive interpretation of the United Nations charter. Whilst matters of health are primarily the concern of another UN body, the world health organization, the Security Council has previously discussed and debated global health emergencies, as in the case of Ebola and SARS. The UN charter, in article 24(1), gives a general characterization the Security Council’s functions and powers, which is the responsibility of upholding International peace and security. In the UNSC Resolution 2177 surrounding the Ebola crisis in West Africa, it was declared that the outbreak comes under the duties and jurisdiction of the Security Council as the communicable disease is a threat to International Peace and Security, as it could pose a threat to the stability of nations if it remains unchecked. An analysis of these principles established by the Council itself shows that the Coronavirus is a global issue that the Security Council must deal with, as it threatens International Peace and Security for five reasons. Firstly, the outbreak spans national borders and has become a global issue with an international nature, requiring an International coordinating mechanism. Secondly, it poses a significant threat to the stability of the countries affected, which has affected 213 countries as of June 1, 2020, in that it could lead to civil unrest as well as social tensions, while also affecting the political and security climate. Thirdly, the outbreak is very likely to have exceeded the economic capacity of many governments to respond, thereby outlining the need for International Action appropriately. Fourth, it has taken the lives of more than 374,569 people, as of June 1, 2020. Fifth, it would have a devastating impact on the economy the countries affected by the Coronavirus, and by extension, on the world economy. All of these reasons pose a clear threat to international peace and stability and therefore calls for immediate action by the Security Council. In the next section, the paper seeks to analyze the possible mechanisms that the Security Council could adopt in order to deal with the crisis.

What the Security Council must do

The Security Council must effectively utilize its greatest asset, the ability to coordinate a global response by the member states to combat the effects of the pandemic on the global economy as well as on human health. The Security Council, unlike the WHO, has the ability to coordinate the efforts of different countries and create binding obligations on all member countries to help counter the Coronavirus.

The Security Council, therefore, has the ability to complement the efforts made by the WHO by ensuring that the Member States do not act unilaterally to merely respond to the crisis in their countries, but adopt the more beneficial global approach. The Security Council could, therefore, convert WHO recommendations, in particular those relating to the sharing of scientific information, as well as medical and humanitarian aid amongst countries into binding Security Council resolutions. These resolutions would then become the International Law obligations of the member states, pursuant to Article 25 of the UN charter. They would, therefore, serve as a significant boost to the WHO’s efforts in combating the crisis. Furthermore, the Security Council could provide the impetus for a global coordinating mechanism for Vaccine development in order to boost the efforts made in the field of medical science through multilateral efforts.

The Security Council must also address the implications of the pandemic on the Global Economy. Several economists predict that the Coronavirus would have a devastating impact on the global economy. The Security Council must address these issues through targeted aid, as well as by using coordination mechanisms between countries and the major financial institutions on the global level, such as the World Bank and the IMF. The Security Council is perhaps the only global institution that could coordinate an effective economic response at the moment and must do so immediately, in order to ensure that the global economy is not damaged beyond repair. The Security Council must aim to harmonize national responses, which could include monetary policy, public health interventions as well as stimulus packages in order to address the economic implications of the outbreak.

The Global Response to the Healthcare crisis caused by the coronavirus outbreak stands on the access and availability of healthcare goods that different countries enjoy. These “goods” primarily include masks, trained healthcare workers, protective equipment, ventilators, and in the future, would also include therapeutic treatment and vaccines. Traditionally, access to such goods has been severely inequitable in cases of a global outbreak, with distribution primarily guided by economic and political clout than actual need. This is further exemplified in the case of Intellectual Property rights and vaccines, which often make access to such vaccines to third world countries significantly costlier. This is majorly done at the benefit of the first world, which patents these vaccines and does not allow local companies to create the same vaccine in a cheaper manner in the third world without paying their due for using patented procedures. In the context of this crisis, these healthcare goods are in extremely short supply, with demand rising at unprecedented levels across most countries in the world. The Security Council has the ability to facilitate a global goods coordinating mechanism, through which the production and distribution of such goods could be achieved, in order to ensure equitable access to such goods. This could further engage with Multi-national corporations that participate in the production of such supplies in order to create a mechanism to target areas where these goods are most needed. This would be a significant aid to the states most affected by the crisis, as the UN would help facilitate the routing of these healthcare goods to the countries with the direst needs. Such a mechanism, based on cooperation, could significantly help focus and redirect resources to the most impacted areas, especially those countries that may not be able to afford and produce such goods currently.

Political Implications and Concluding Remarks

The world currently faces a global crisis of an unprecedented level. The United Nations, unlike previous crises, has not been at the forefront of this crisis, which now involves virtually all the countries of the world. At the forefront of this inaction is the conflict between China and the USA regarding responsibility for the Virus, and the role of the WHO. The countries of the European Union are operating as a separate entity altogether. China and Russia are seemingly concerned with their own state apparatus, rather than on a global response. There exists a significant void of consistent political leadership to guide a global response to the crisis. However, as the crisis worsens with every passing day, the hope that countries would come to the realization that a global response is the only way to resolve a crisis of this nature grows stronger. There is still time for the world’s most prominent International Organisation to take action. The paper presents a mechanism that the Security Council could adopt to help diminish the effects of the crisis on the world, both in terms of impacts on health and on the global economy. These emergency measures are in the interests of the world at large and are therefore likely to be adopted by the countries of the Security Council, regardless of their political considerations.

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International Law

Democracy at Risk: The Global Challenge of Rising Populism and Nationalism

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Authors: Meherab Hossain and Md. Obaidullah*

Populism and nationalism represent two discrete political ideologies; however, they may pose potential threats to democracy. Populism is a political ideology and approach characterized by the emphasis on the interests and concerns of ordinary people against established elites or perceived sources of power and privilege. Populist leaders often portray themselves as champions of the “common people” and claim to represent their grievances and desires. It is a political stance that emphasizes the idea of “the people” and often contrasts this group against “the elite”.

 Nationalism, on the other hand, is an ideology based on the premise that the individual’s loyalty and devotion to the nation-state surpass other individual or group interests. It represents a political principal positing that there should be congruence between the political entity and the nation-state. While populism emphasizes the idea of “the people,” nationalism emphasizes the idea of the nation-state.

In what ways can populism pose a threat to democracy?

While some argue that populism is not a threat to democracy per se, others contend that it poses a serious risk to democratic institutions. Populism can become a threat to democracy by undermining formal institutions and functions, discrediting the media, and targeting specific social groups, such as immigrants or minorities. This threat arises from its potential to confer a moral legitimacy upon the state that it might otherwise lack. Consequently, it can jeopardize the defense mechanisms established to safeguard against tyranny, including freedoms, checks and balances, the rule of law, tolerance, autonomous social institutions, individual and group rights, as well as pluralism.  Populism imposes an assumption of uniformity onto the diverse fabric of reality, distorting not only factual representations but also elevating the attributes of certain social groups above those of others.

In Turkey, President Recep Tayyip Erdogan’s populist rhetoric and policies have led to the erosion of democratic institutions, including the judiciary and the media. Populism in Turkey can be traced back to the era of Mustafa Kemal Atatürk’s regime, during which Atatürk’s elites, who had limited commonality with the broader society, assumed the responsibility of educating and guiding the masses. This phenomenon, often referred to as ‘regime elitism,’ has rendered Turkey susceptible to populism, which fundamentally revolves around the conflict between the elites and the general populace.

 In Hungary, Prime Minister Viktor Orban’s populist government has been accused of undermining the rule of law, limiting press freedom, and targeting civil society groups. He has established a repressive and progressively authoritarian state that operates under the guise of democracy.

In media discourse, he has been designated as a populist leader. Empirical analysis reveals that Hungary is currently governed by a form of political populism, characterized as conservative right-wing populism. The salient features of Hungarian political dynamics encompass the government’s claim of challenging established elites, a lack of a clearly defined political agenda, the utilization of propaganda as a prominent tool in its political communications, advocacy for the preservation of a Christian Hungary, intervention in areas traditionally considered independent from state interference such as education and jurisdiction, the implementation of mass clientelism to reward its supporters while exerting pressure on critics, and overt criticism of non-governmental organizations (NGOs). Consequently, this trajectory underscores the ascendance of authoritarianism within Hungary.

How Nationalism can be threat to Democracy?


Nationalism can pose a potential threat to both democracy and international relations when it manifests in forms of discrimination, violence, and the exclusion of specific groups. The ascension of nationalism may jeopardize the established efficacy of multilateralism, which has historically been instrumental in preserving lives and averting conflicts. This can result in unilateral actions by certain nations, thereby undermining the collaborative approach to the peaceful resolution of disputes.

Nationalism can serve as a catalyst for conflict and division, fostering tendencies toward exclusivity and competition that impede the resolution of common global challenges. The ascent of economic nationalism has the potential to undermine global collaboration and policy alignment, resulting in a resurgence of nationalist economic strategies in many regions worldwide. Such strategies often prioritize individual national objectives over the collective global interest. Unrestrained nationalism can pose a threat to stability by inflaming ethnic tensions, thereby increasing the likelihood of violence and conflict.

In Europe, nationalism has historically been a significant catalyst for conflict and division, spanning from the emergence of Nazi Germany in the 1930s to more recent upsurges of nationalist movements in various countries. Nationalism tends to foster exclusivity and competition, thereby complicating efforts to address common global challenges. Under nationalist ideology, exemplified by Hitler, instances of extreme cruelty and inhumanity have been documented.

Another instance of nationalism, which presents a significant challenge to democracy, is the ascendance of Hindu extremism and nationalism in India, resulting in communal tensions. Since the Hindu nationalist BJP came into power, there has been a heightened sense of insecurity among Muslims in India, with the situation reaching unprecedented levels of concern. The government has actively employed media, television, and the film industry to propagate Islamophobia among the Hindu majority. In 2018, the Indian High Court rendered a judgment advocating for India to be declared a Hindu state, citing the country’s historical religious divisions. Nonetheless, it is crucial to emphasize that, in accordance with its constitution, India is mandated to maintain a secular state. Needless to say, the rise of Hindu nationalism under Prime Minister Narendra Modi has been accused of fueling sectarian tensions and undermining the country’s secular democracy.

Indeed, while populism and nationalism are distinct concepts, their simultaneous global rise poses a considerable threat to democracy. These ideologies frequently favor specific groups over the broader population and can corrode democratic principles. They tend to exacerbate polarization and undermine vital democratic institutions. Hence, many countries are grappling with substantial challenges to their democratic systems, which puts their stability and effectiveness at risk.

*Md. Obaidullah holds both a BSS and an MSS degree in Public Administration from the University of Barishal. He is currently employed as a Research Assistant at the Centre for Advanced Social Research in Dhaka, Bangladesh. His writing expertise spans various subjects, including Public Policy, Politics, Governance, Climate Change, and Diplomacy, on which he frequently contributes

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Principles of International Relations as Homo Sapiens

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After listening to Hariri’s Home Sapiens, I grasped, with a new perspective, the state of our humanity. I deeply realized that indeed we are the last human species. Our closest relative and competitor, the Neanderthals, were long gone. So how do we, as homo sapiens (“wise men”), wisely ensure the well-being and future of our species?  The question seems too general or even irrelevant to many considering that everyday life on Earth continues despite the horrors of war, the devastation of calamities, and the forebodings of apocalypticism. But let’s not toy around with the destructive propensity and capability of our species which could have played a significant role in the demise of the Neanderthals and could also threaten our very own existence.

Life on Earth now is multifaceted and more complex than when we were still cohabiting our planet with other human species. The ancient “us and them” have become the modern and ironically complicated “among us,” and consequentially “us versus us.” We have become the only remaining human species—but the only remaining species that wants to destroy itself for self-interest.     

Reflecting on the implications of our being the only human species left on Earth, I deduce the following principles for our international relations.

As one human species living on one planet:

The principle of cohabitation

We all have the rights to peacefully and productively cohabit on planet Earth without the sequestration of others due to superficialdiversity such as geographical locations, skin color, social ideology, and culture; or because of national or corporate resource exploitation.

The principle of mutual survival

We cannot survive without the human ecosystem. Human life is a multidimensional ecosystem. It cannot survive and thrive with only one feature or characteristic in one locality. It necessitates global diversity and mutuality. For our species to survive, our relations need to be based on mutual universal survival.

The principle of co-thriving

We cannot thrive secluded from the universal life system. Regression and destruction of one geographical locus, one ethnicity, or one natural feature impacts the whole bio-societal system. Inversely, the flourishing of one locus, one ethnicity, or one natural feature in conjunction with others, furnishes the whole human system to thrive.

The principle of developmental competition

We have both the latent propensity for destructive bouts and a penchant for developmental competition. International relations based on destructive bouts eventually inflect global crises. Global relations based on developmental competition advance our civilization. Each progress in a varied sphere, though will not be the same, complements the whole progression.  

The principle of common home protection

We only have one home, one present habitat for our species to live and thrive, and one human family. Allowing these to decay will not only result in our degeneration but also the eventual risk of our survival.

As homo sapiens, we are at the top of the food chain and intolerant. We want to devour everything we can see and irrationally have the delusion of grandeur of being the only predator left. But the prey and the predator are one and the same. It’s not so naïve to outline what can be tagged as an idealistic theoretical construct. But let’s also accept the fact that the most influencing factors in our international relations are either commercially exploitive or ideologically invasive. And these are not sustainable and globally beneficial—for they are calculated goodness intended for the temporal benefits of the very few. The principle of the common good will enable us to see more beyond our present state and ensure the well-being and future of our species. 

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UN 2.0: Reimagining our global organization for a world in flux

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Working towards better results on the ground and focused on the future, the UN family is undergoing a reset that will give rise to more agile, tech-savvy and impactful UN organizations.This transformation in skills and culture, encapsulated in the Secretary-General’s vision of a UN 2.0, is focused on fostering cutting-edge capabilities in data, digital, innovation, foresight and behavioural science – to deliver stronger results, better Member State support, and faster progress towards the Sustainable Development Goals.

During a roundtable with Member States, a group of UN leaders and experts explained the potential and strategies of UN 2.0. They highlighted early success stories, that, when replicated, will boost on-the-ground impact of a stronger, more flexible and modern UN. 

This event came before the launch of the Secretary-General’s policy brief on the issue of a UN 2.0 revamp.

At the core of UN 2.0 is the so-named ‘Quintet of Change’, a powerful combination of data, innovation, digital solutions, foresight, and behavioural science solutions.

Opening the discussion, Melissa Fleming, the Under-Secretary-General for Global Communications, emphasized the need for change, highlighting that the progress towards the 2030 Agenda for Sustainable Development – adopted by all UN Member States in 2015 as a blueprint for peace and prosperity – is currently not on track

Responding to the growing demand for reform, UN 2.0 represents a shift in how UN system organizations operate, aiming to accelerate progress towards the Sustainable Development Goals (SDGs). 

Guy Ryder, the Under-Secretary-General for Policy, who brings extensive experience from his decade-long tenure leading the International Labour Organization (ILO), explained that the purpose of UN 2.0 is to equip UN organizations with the contemporary expertise required to be an effective partner for Member States in the twenty-first century.

A transformed UN leaves no one behind

Catherine Pollard, the Under-Secretary-General for Management Strategy, Policy, and Compliance, explained that the primary beneficiaries of UN 2.0 are the people the UN serves in its 193 member countries. “But equally important, UN 2.0 is about UN organizations themselves, because they will develop new skills, new talent, new purpose to better deliver our mandate.”

The UN continues to be a relevant player in the multilateral arena. To maintain this relevance, Ms. Pollard said, the Organization will develop employees’ skills, offer more training, attract new talents, and improve human resources policies.

Like many things in the modern world, UN 2.0 will be driven by digital solutions and cutting-edge technologies. Robert Opp, Chief Digital Officer of UNDP, the UN agency promoting international development, advocated for the potential that new technologies offer and contemplated on what the future can bring. 

“AI is the current challenge, but there will be quantum computing and other breakthroughs around the corner, what we haven’t even anticipated,” he said, adding that when the ‘Quintet of Change’ is successfully implemented across the UN system, the Organization’s agility in responding to new challenges and in helping Member States will increase dramatically. 

Data, digital innovation, foresight and behavioural science play key roles  

The UN is actively supporting Member States in their pursuit of new solutions. A network of innovation labs has been established in more than 90 countries, serving as platforms for sharing new expertise in technology, data and other areas.

One notable success story comes from Indonesia, explained Faizal Thamrin, Data Scientist at UN Global Pulse Asia-Pacific. He illustrated how his team collaborated with the Government and thousands of small and medium enterprises to prepare for the future. Additionally, the team’s data analytics skills, combined with Indonesia’s experience, helped replicate early warning systems for natural disasters across the region.

UN 2.0 extends beyond data and digital solutions. Behavioural science, a multidisciplinary field that integrates insights from psychology, economics, communications, data science, sociology, and more, plays a crucial role in the ‘Quintet of Change’. 

Claire Hobden, an ILO expert on domestic work, provided an example from Argentina’s informal sector. With support from UN colleagues, the Government was able to significantly expand social security coverage to domestic workers, such as nannies and caregivers, who are often hard to reach. 

“Through a very small intervention we  hope to be able to give more people access to social security, realizing their rights and access to decent work,” said Ms. Hobden noting the huge potential of replicating these methods, as there are 75 million such workers around the globe.

‘With new tools, we can do better’ 

In conversation with senior diplomats, Mr. Ryder emphasized that UN 2.0 is about potential of doing our job better “if we take a fresh look at some of the things we’ve been doing for a long time.”

Commenting on the journey ahead for UN colleagues, Mr. Ryder said “What you’ve done has been great. Now we have new tools. Let’s pick up those new tools, use them and maybe we can improve on what we’ve done before. It’s not saying what happened in the past was bad. It’s saying what we do in the future can be better”.

The event was co-organized by the Permanent Missions of Norway and the Republic of Indonesia to the United Nations in partnership with the Executive Office of the Secretary-General.

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