-
作者:Bradley, Curtis A.; Helfer, Laurence R.
作者单位:Duke University
摘要:This introduction provides an overview of thirteen essays selected in response to a worldwide call for papers for an Agora on The International Legal Order and the Global Pandemic. The essays in the Agora consider some of the most pressing challenges, as well as potential opportunities, that COVID-19 is creating for the international legal order. The specific topics addressed include the role of international organizations such as the World Health Organization, state responsibility, human righ...
-
作者:Quintana, Francisco-Jose; Uriburu, Justina
作者单位:University of Cambridge
摘要:In this Essay, we analyze two sets of international legal responses to the COVID-19 pandemic: the academic discussion on state responsibility; and the deployment of international law as a tool for resistance. We argue that both approaches made significant contributions but concealed the role of the discipline in the production of the conditions that led to the pandemic and its unequal impact. These interventions reflect a modest international law; an understanding of the discipline that hinder...
-
作者:Sykes, Alan O.
作者单位:Stanford University; Stanford University
摘要:The COVID-19 pandemic has been accompanied by shortages and potential shortages of products critical to the public health response. Many nations have responded with export restrictions on these products, restrictions that are permitted under international trade law as a temporary response to short supply conditions generally and to public health emergencies in particular. This Essay argues that such export restrictions are economically counterproductive from a global efficiency perspective, an...
-
作者:Henderson, Christian
作者单位:University of Sussex
-
作者:Hollis, Duncan B.
作者单位:Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
-
作者:Bennoune, Karima
作者单位:University of California System; University of California Davis
摘要:Any meaningful human rights law approach to COVID-19 must be holistic and recognize the breadth of the challenges to both economic, social, and cultural rights, and civil and political rights. It must be grounded in the threat posed by the disease but also address responses to it, and implicate a wide range of state and nonstate actors. Such an analysis should offer a positive vision of effective global reaction, and counter attempts to hijack rights to oppose legitimate pandemic measures.
-
作者:[Anonymous]
-
作者:Arato, Julian; Claussen, Kathleen; Heath, J. Benton
作者单位:University of Miami; Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要:In response to the pandemic, most states have enacted special measures to protect national economies and public health. Many of these measures would likely violate trade and investment disciplines unless they qualify for one of several exceptions. This Essay examines the structural implications of widespread anticipated defenses premised on the idea of exceptionalism. It argues that the pandemic reveals the structural weakness of the exceptions-oriented paradigm of justification in internation...
-
作者:Jain, Neha
作者单位:European University Institute; University of Minnesota System; University of Minnesota Twin Cities
摘要:While the global pandemic has exposed the fragility of human rights protections, it has also resulted in rights victories for some of the most vulnerable members of society. This Essay examines epistemic, consequentialist, and normative rights reframing efforts that have been mobilized to advocate for and secure human rights during the pandemic through the lens of prisoners' rights. It argues that these rights seeking strategies hold promise for advancing rights claims of prisoners and other m...
-
作者:Ridi, Niccolo
作者单位:University of Liverpool; University of London; King's College London