Populism And International Law: Erosion Of Multilateralism

Nitika Rawat, LL.M., Jindal Global Law School

ABSTRACT

The surge in populism has made the world sceptical regarding the ideas of International Law and multilateralism because populism is an ideology that pits the “common people” against “the elites” and the populists are of the view that International Law is a tool for the elite of Global North to benefit themselves at the expense of the much weaker Global South. This paper examines how the policies of populist governments have a dual impact on the current state of International Law. In the political arena, their policies influence the overall context of how laws are interpreted. In the legal sphere, they advocate for the alterations in the interpretations of established International Legal order. The paper further analyzes the impact of populism on international law and how it allows us to pinpoint the deficiencies and structural limitations of the international legal framework by taking a glance at the ideology of the populist leaders and their voiced criticism asserting that globalisation lacks legitimacy. The author also briefly discusses the bilateralism and mega-regional trade agreements observed in huge numbers in recent years between various nations and see how populism has influenced the countries’ participation in and cooperation with international organizations.

Keywords: Populism, Populists, International Law, International Institutions, NGOs