54.
11. Diane Desierto,
Beyond the State: Our Shared Duties to Cooperate to Realize Human Rights during the Evolving Risks of a Global Pandemic, 2020.08.20,
https://www.ejiltalk.org/beyond-the-state-our-shared-duties-to-cooperate-to-realize-human-rights-during-the-evolving-risks-of-a-global-pandemic/ .
In this post, the author argues that the duties of international cooperation under international human rights law are not just left up to States, but also to private sectors, groups, individuals who are all supposed to be both subjects and addressees of the right to development under the 1986 UN Declaration on the Right to Development and the Draft Convention on the Right to Development.
53.
Francesca Bellazzi, Konrad v Boyneburgk,
COVID-19 calls for virtue ethics, 2020.07.07,
https://doi.org/10.1093/jlb/lsaa056 .
The global spread of COVID-19 has led to the imposition of severely restrictive measures by governments in the Western hemisphere. Someone feels there is a contrast between these measures and citizens’ freedom. This paper argues that this contrast is a false perception. By providing a philosophical analysis that is able to answer these questions, the aim of the paper is to illustrate an ethical framework that enables the individual to rationally cooperate with current restrictions because it is morally justified given the circumstances.
52.
Qiao Liu,
COVID-19 in Civil or Commercial Disputes: First Responses from Chinese Courts, 2020.08.30,
https://doi.org/10.1093/cjcl/cxaa023 .
This comment highlights the major civil or commercial (mostly contract) law provisions in 24 judicial documents newly released by the Supreme People’s Court or High People’s Courts in China in response to the outbreak of COVID-19 and assesses the significance of key changes to the pre-pandemic law.
51.
Mia R K Hartmann, Rasmus Koss Hartmann,
Frontline Innovation in Times of Crisis: Learning from the Corona Virus Pandemic, 2020.07.30,
https://doi.org/10.1093/police/paaa044 .
The current COVID-19 pandemic brings about dramatic challenges for frontline police officers and their organizations. The author argues that this will likely have two implications for frontline learning and innovation. At this moment of unusually widespread and transparent frontline innovation, this paper proposes an approach to capturing and diffusing this frontline innovation. By taking seriously the unique dynamics of frontline innovation, such an approach is likely to capture valuable innovations that might otherwise rapidly dissipate and be lost.
50.
Geertrui Van Overwalle,
Will COVID patents save the world?2020.07.18,
https://doi.org/10.1093/grurint/ikaa110 .
The discussion concerning patent protection for Covid-19 vaccines and treatments has started in policy circles, academia and the press. Two principles up front are vital in finding a balanced response in this debate. First, a well-balanced solution recognizes the persistent need for an incentive for the pharma industry and universities to continue the development of a successful vaccine. Second, a well-balanced solution safeguards affordable access to a vaccine for all. The key question is then: what legal tools are available to ensure that the pharma industry and universities will continue their quest for the vaccine.
49.
Walter G Johnson, Gary E Marchant,
Legislating in the Time of a Pandemic: Window of Opportunity or Invitation for Recklessness?2020.06.15,
https://doi.org/10.1093/jlb/lsaa042 .
The COVID-19 epidemic has been exacerbated by failures in diagnostic testing for the virus in the United States. Whether COVID-19 may create a useful “window of opportunity” to pass much-needed legislative reform of diagnostic regulation or result in reckless and disruptive changes is uncertain. The paper reviews and applies the historical lessons of legislating in response to a crisis and conclude that not both of the pending legislative proposals may satisfy the criteria for an appropriate opportunistic change for diagnostics regulation.
48.
David Patterson, Dineke Zeegers Paget,
COVID-19 and human rights – why should the public health community be concerned? 2020.09.10,
https://doi.org/10.1093/eurpub/ckaa174 .
This article suggests that human rights and pubic health should not been seen simply as competing public policy objectives. Instead, the author proposes an approach which focuses on State obligations to protect and promote the right to health, including in the COVID-19 crisis, firmly grounded in international law.
47.
Sienho Yee,
To Deal with a New Coronavirus Pandemic: Making Sense of the Lack of Any State Practice in Pursuing State Responsibility for Alleged Malfeasances in a Pandemic—Lex Specialis or Lex Generalis at Work? 2020.08.23,
https://doi.org/10.1093/chinesejil/jmaa022 .
This article illustrates two ways to see the absence of any State practice in pursuing State responsibility for alleged malfeasances in pandemics. One see the absence as reflecting a lex Specialis, while another see it as reflecting a lex Generalis. The author believe the former appears more consonant with the uniform lack of practice in pursuing State responsibility over the long course of history of dealing with pandemics.
46.
Gail Lythgoe and Christian J. Tams,
Multi-level Governance of Global Health: Lessons from Covid-19, Global Cooperation Research—A Quarterly Magazine, 2020.07.01,
www.gcr21.org/fileadmin/website/publications/Quarterly_Magazine/GCR21_Quarterly_Magazine_2-2020_July-online.pdf .
This comment analyses the ‘sophisticated’ but ‘thin’WHO regime for global health governance and identify its main structural shortcomings in the interplay with other levels of governance.
45.
Eyal Benvenisti,
The WHO—Destined to Fail?: Political Cooperation and the COVID-19 Pandemic, 2020.06.30,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3638948) .
The author argues that the World Health Organization (WHO) has not been equipped with the necessary authority to adequately fulfill its mission. The author distinguishes between different types of cooperation problems faced by the WHO and explains why achieving global health calls for intrusive powers by a governing authority—powers that the WHO does not enjoy.
Beijing Interest Group on Global Health and Global Governance
Contact: secretary@bigghgg.cn