International Law and COVID-19 Pandemic: An Analytical Study

Authors

  • Vandana Srivastava Ph.D. Scholar (Law), Institute of Law, Jiwaji University, Gwalior, Madhya Pradesh, India. image/svg+xml
  • Dr. Ganesh Dubey Associate Professor & Head, Institute of Law, Jiwaji University, Gwalior, Madhya Pradesh, India. image/svg+xml

DOI:

https://doi.org/10.53724/jmsg/v6n1.02

Keywords:

COVID-19, Quarantines and isolations, International Law, Role of W.H.O, Provisions in Indian Law

Abstract

The world is witnessing COVID-19 pandemic. The current crisis has several repercussions, across society. There have been strong restrictions imposed by various countries: from general health advisories to quarantines and isolations, to curbing the trans-border movement of people. In a few countries, an emergency has been declared and the government has assumed exceptional powers. Under such circumstances, it is pertinent to look into the issues like obligations, authority, and procedures for dealing with such situations under International Law. Have the current governments in all countries complied with it? What role has International Law played through its institutions especially the role of the World Health Organization (WHO). WHO has come under severe criticism from various countries for its ineffective and seemingly biased role so far in dealing with the pandemic. It needs to be seen that under International Law what best WHO could have done. The International Health Regulations (IMR) is the legal instrument for laying the rules in a pandemic. How has the IMR been adopted by various governments, needs to be evaluated. The paper attempts to address these questions and then evaluates them against other regimes under International Law like human rights, peace and security law, and the law of finance. The paper concludes by answering these queries based on current empirical data and descriptive research analysis.

Metrics

Metrics Loading ...

References

David Morens, Jeffery Taubenberger, “The Mother of All Pandemics Is 100 Years Old (and Going Strong)!” (2018).

https://www.weforum.org/agenda/2020/03/a-u-s-recession-probably-depression-only-if-the-virus-is-untamed/

https://en.wikipedia.org/wiki/Quarantine

Neville M Goodman, International Health Organizations and Their Work, note 5, 36.

David Kennedy, “The Move to Institutions” (1987), 8 Cardozo Law Review, 841-842.

Gene Lyons, David Baldwin, Donald McNemar, “The “Politicization” Issue in the UN Specialized Agencies” (1977).

Fiona Godlee, “WHO in Retreat: Is it Losing its Influence?” (1994), 309 BMJ, 1495.

Mateja Steinbrück-Platise, “The changing structure of global health governance”, in Leonie Vierck, Pedro A. Villarreal and Katarina Weilert.

David Heymann and Guénäel Rodier, “SARS: A global response to an international threat” (2004), X Brown Journal of World Affairs (2004).

Christian Kreuder-Sonnen, Emergency Powers of International Organizations. Between Normalization and Containment (OUP, 2019).

Tom Christensen and Martin Painter, “The Politics of SARS – Rational Responses or Ambiguity, Symbols and Chaos?” (2004).

Gabrielle Tétrault-Farber, “China to Russia: End discriminatory coronavirus measures against Chinese”, Reuters (26 February 2020), available at https://reut.rs/3bu4F6F.

Markus Benzing, “International Organizations or Institutions, Secondary Law” (2007).

Christian Kreuder-Sonnen, Emergency Powers of International Organizations, note 29, 155-156.

https://www.who.int/news-room/detail/30-01-2020-statement-on-the-second-meeting-of-the-international-health-regulations-(2005)-emergency-committee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov).

https://www.who.int/news-room/detail/08-04-2020-who-timeline---covid-19.

https://www.who.int/news-room/detail/23-01-2020-statement-on-the-meeting-of-the-international-health-regulations-(2005)-emergency-committee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov).

82 International Law Commission´s Draft Articles on the Responsibility of International Organizations.

Handa, Sanjeev (February 16, 2016). "Cholera: Background".

McNeil J. Something New Under The Sun: An Environmental History of the Twentieth Century World.

Pike J (2007-10-23). "Cholera- Biological Weapons". Weapons of Mass Destruction (WMD).

Gearóid Ó Cuinn and Stephanie Switzer, “Ebola and the airplaine: securing mobility through regime interactions and legal adaptation” (2019).

Tim Anderson, “HIV/AIDS in Cuba: A Rights-Based Analysis” (2009), 11 Health and Human Rights, 95-96.

Article 43(b) of IHR 2005.

World Health Organization, Considerations for quarantine of individuals in the context of containment for coronavirus disease (COVID-19), note 91.

Doha Declaration, paragraphs 5(b) and 5(c).

Ilja Pavone, “Ebola and Securitization of Health: UN Security Council Resolution 2177/2014 and Its Limits”

World Bank, Pandemic Emergency Financing Facility Operations Manual, para. 7.

Pandemic Emergency Financing Facility Operations Manual, approved by the Steering Body on 15 October 2018.

https://www.icao.int/Meetings/AMC/MA/CAPSCA_SCM1/CAPSCASCM01_Day01_04_ICAO_Evans.pdf.

Published

30-07-2020

How to Cite

Vandana Srivastava, & Dr. Ganesh Dubey. (2020). International Law and COVID-19 Pandemic: An Analytical Study. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 6(I), 01–18. https://doi.org/10.53724/jmsg/v6n1.02

Issue

Section

Article

ARK