The View of International Law on The Pandemic Covid-19 (original) (raw)
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International Law Post Pandemic (2020)
In: Gonzalo Levi Obregón Salinas (Org.). Lo Multidisciplinario del Antes y Después del Covid-19. Ciudad de México: Thomson Reuters, 2020. (ISBN 978607-474-571-9), 2020
This paper reflects on International Law in the face of the COVID-19 (coronavirus disease 2019) viral pandemic. First, the article examines the role of International Law against the pandemic, focusing mainly on the regulatory framework available to the World Health Organization (WHO). Then, based on the examination of the stance of some States before the pandemic and the action of the WHO, the text points out evidence that the current geopolitical conjuncture still holds national sovereignty as a maxim. Further, the document explains how maintaining the primacy of sovereignty is not an adequate strategy to deal with contemporary times' global challenges. Finally, the article highlights the relevance of assuming a systemic perspective in the practice of contemporary International Law, which, despite its flaws, should still be used as an instrument for peace and international cooperation.
International Law in a Time of Pandemic
Journal of International Humanitarian Legal Studies, 2020
International Law in a Time of Pandemic To say that this issue of the Journal has been produced under unusual circumstances would be an understatement. When we began work on the issue in March 2020, the seriousness of the 'coronavirus disease 2019' ('covid-19') outbreak was starting to become clear. Already in January, the Director-General of the World Health Organization (who) had declared the covid-19 outbreak a 'public health emergency of international concern' (pheic),1 that is to say, as an 'extraordinary event' deemed under the International Health Regulations 'to constitute a public health risk to other States through the international spread of disease' and 'to potentially require a coordinated international response' .2 In March, the Director-General further declared the outbreak a 'pandemic' .3 The so-called Finagle's law of dynamic negatives (a somewhat lesser-known derivative of Murphy's law) postulates that 'anything that can go wrong, willat the worst possible moment'. This seems to have held true with respect to the covid-19 outbreak from a global perspective. The pandemic hit during an era of increased scepticism in science, a decline of democracy and a rise of authoritarianism, a flare-up of big-power rivalry, and waning multilateralism. As a consequence, the response to covid-19 became a political plaything both journal of international humanitarian legal studies 11 (2020) 187-191
2021
ABSTRACTObjective: The present article aims to analyze the global epidemic caused by the new coronavirus, whose repercussions occur in several fields of the world scene.Methodology: To fulfill the proposed objective, the hypothetical-deductive research method is used, based on the premise that the configuration of the pandemic as a global catastrophe entails certain consequences of legal treatment.Results: The paper propose, from this perspective, to classify the new coronavirus pandemic as a global catastrophe, as it has produced a scenario unprecedented devastating.Contributions: Within this perspective, the study aims to analyze the possibility of giving international law legal treatment to the phenomenon, in order to make possible the special incidence of the principle of non-indifference.Keywords: Pandemic; Global catastrophe; International law; Principle of non-indifference; International solidarity. RESUMOObjetivo: o presente artigo tem como objetivo analisar a epidemia globa...
International Law in pandemic times
COVID 19 represents a major challenge to PIL, ICL and to international Justice system as well. This brief essay examines some topics that must be in agenda
Legal Issues Related to COVID-19 Under International Law
2021
The COVID-19 pandemic is an event of public health of international concern with extraordinary negative impacts on international community. Some legal issues have been raised by someone who accused Chinese failing to cooperate with World Health Organization and other countries to prevent spread of coronavirus over the world. In fact, several cases have been filed in the federal courts of the United States. This situation makes necessary for legal response. Against theses backgrounds, this paper argues the merits to respond such accusations in accordance with the international laws, focusing on three legal issues, first, to distinguish the general obligations of international cooperation for global health under Constitution of World Health Organization from the special obligations in fighting COVID-19 according to International Health Regulation, secondly, to demonstrate that China did not break these obligations based on the public records or disclosed evidences, and finally, to dis...
The Legal Response to Pandemics
Journal of international humanitarian legal studies, 2020
The pandemic of 'severe acute respiratory syndrome coronavirus 2' (sars-CoV-2) has raised unprecedented challenges for most international legal and policy regimes and we cannot yet foresee its long-term consequences. The legal and institutional regime to prevent and control the international spread of disease, based on the World Health Organization and the International Health Regulations (ihr 2005) has also been severely tested. Critics have challenged who's apparent politicization and the ineffectiveness of the ihr 2005 as a tool to coordinate the international response to covid-19. The ihr 2005 have codified the operational model of the who Secretariat at the time of their revision, but the assumptions about who's epistemic authority and the willingness of states parties to conform to who's lead have proven overoptimistic. Still, addressing some of the major weaknesses of the ihr 2005 could give them renewed momentum and nudge states towards a more coordinated and effective response to epidemics.
The 2020's world deadliest pandemic: Corona Virus (COVID-19) and International Medical Law (IML
Cogent Social Sciences, 2020
This research article overviewed briefly the new re-emerged Corona Virus (COVID-19) and the role of International Law (IL) along with State Law (SL) in 2020’s pandemic to control the spread of Corona Virus (COVID-19). Since the declaration of Public Health Emergency of International Concern (PHEIC), the number of COVID-19’s confirmed cases jumped so fast to reach by today to 2074529. The virus’s fatalities until the moment are 139378. At first, however, the Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) had a high rate of mortality in percentage 22% on the 28th March, 2020. On the contrary, today the mortality rate has decreased to 15% dated 17th April, 2020. This proves the effectiveness of the international preventive measures of the World Health Organization (WHO) to stop the spread of COVID-19. The study also discussed the conceptual framework of COVID-19 and its history. A short introduction was given about the previous two Coronaviruses (SARS and MERS). The deadliest pandemic of 1918 (Spanish Flu) was debated as part of pandemic history. The explosion of COVID-19 to the world was explained in detail. Symptoms of COVID-19 were elaborated in order to understand the virus’s impact on its victims. This study also showed the easy method to prevent the spread of the COVID-19. The treatment of the COVID-19, which the patients of the virus can offer currently, was explained. International Health Regulations (2005) (IHR) was analyzed in respect of the current pandemic.
INTERNATIONAL HUMANITARIAN LAW AND THE FIGHT AGAINST EPIDEMICS
INTERNATIONAL HUMANITARIAN LAW AND THE FIGHT AGAINST EPIDEMICS: AN ANALYSIS OF THE INTERNATIONAL NORMATIVE SYSTEM IN LIGHT OF THE COVID-19 PUBLIC HEALTH EMERGENCY, 2020
This presentation aims to analyze the difficulties connected with the spread of epidemics in times of war, which may be considered "an emergency within an emergency", involving difficult problems with no easy solutions, from both a practical and legal point of view. The protection of the right to health during armed conflicts is governed by an international regulatory framework which results in a complex reading and understanding picture for the fight against epidemics and pandemics, including COVID-19. The Geneva normative system, created and developed since 1949 to meet different objectives and varying needs, could hardly be expected to be ready or immediately proactive when faced with an unprecedented historical challenge such as the coronavirus. Nevertheless, this analysis shows that, if analyzed and interpreted in an evolutionary, systematic and coherent manner, international humanitarian law seems capable of providing a response to COVID-19 and, more broadly, to controlling epidemics in times of war. What is certainly needed is to revise the relevant legal arrangements through an evolutionary re-interpretation and, above all, to guarantee a joint response and coordinated intervention capacity between all systems and at all levels. While examining the normative point of view of the issue and the practice of the International Movement of the Red Cross and Red Crescent, this paper also aims to open a debate, that can be further developed, on other relevant aspects, such as the World Health Organizations's activities and the accountability perspective, including the international criminal justice system.
Investigating the Role of International Law in Controlling Communicable Diseases
International law globally plays a key role in the surveillance and control of communicable diseases. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, due to changed forms of infectious diseases and individuals' lifestyles as well as individuals' proximity caused by increased air travels, communicable diseases are in an international and cross-border form. In this regard, binding regulations and inconsistent rules adopted in international multilateral institutions like the World Health Organization, World Trade Organization, Food and Agriculture Organization can be of great use in surveillance and control of communicable diseases. With the globalization of public health, international law can be used as an essential tool in monitoring global health and reducing human vulnerability and mortality.