Epidemics and International Law

Erscheinungsjahr 2021
ISBN: 978-90-04-50831-6
Verlag: Brill Academic Publishers

Buch, Englisch, Band 22, Gewicht: 980 g

Reihe: Centre for Studies and Research in International Law and International Relations Series

We are currently living in a new normal. The Covid-19 pandemic has led to millions of deaths and is changing how we live, work, socialise and move through the world. But Covid-19 is one of many epidemics to have shaped human life throughout history, causing untold suffering and death and changing how we live. Their effects are seldom limited to one country or region, and how societies prevent, manage and recover from epidemics is inevitably influenced by international law. Epidemics are regulated not only by international health law but also by international human rights law, international environmental law, international trade and investment law, international transport law, international law of peace and security and international humanitarian law. Despite this, they have received limited attention in mainstream international legal scholarship. This volume provides a comprehensive examination of epidemics and international law from the perspective of general international law. Featuring thirty-one essays by researchers from around the world and from various areas of expertise, it demonstrates how epidemics shape – and are shaped by – international legal norms across varying domains of international law.

This volume is the product of collaborative work conducted between August 2020 and April 2021 as part of the Centre for Studies and Research on Epidemics and International Law.

Autoren/Hrsg.

Murase, Shinya

Zhou, Suzanne

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

Excerpt of table of Contents:

Preface – Foreword

Part I – Introduction

The Reports of the Directors of Studies. 1

Chapter 1 Suzanne Zhou

Some reflections on the scope of the topic “epidemics and international law”. 3

Chapter 2 Shinya Murase

Interrelationship among relevant rules of international law on epidemics. 19

Part II – History and Theory of International Law

Relating to Epidemics. 43

Chapter 3 Maria Adele Carrai

The historical emergence of international health regulations. 45

Chapter 4 Raphael Oidtmann

The concept of borders in international health law. 59

Chapter 5 Otto Spijkers

Value-based norms as the foundation for the pursuit of health in global solidarity. 79

Chapter 6 Shaimaa Abdelkarim

Global human rights praxis in public health and the response to Covid-19. 117

Part III – Global Health Governance. 139

Chapter 7 Gail C. Lythgoe

The law of global governance: understanding the institutional architecture and practices of epidemic governance. 141

Chapter 8 Ana Cristina Gallego Hernández

International obligations before health emergencies. 167

Chapter 9 Margherita Melillo

When a delay is a denial: the role of scientific evidence in the world health organization’s response to the Covid-19 pandemic. 189

Chapter 10 Olha Bozhenko

Information sharing on epidemics: making the world a healthier place by improving the reporting regime. 205

Chapter 11 René Fabrizio Figueredo Corrales

Who is WHO watching? WHO’s surveillance competence under the 2005 international health regulations to prevent and control the international spread of infectious diseases. 229

Chapter 12 Ling Chen

International cooperation and assistance as legal obligations in epidemics and disasters. 249

Part IV – Regional Framework. 269

Chapter 13 Jose Yepez

Legal issues of the institutional framework in Latin-America concerning the Covid-19 pandemic. 271

Chapter 14 Bethlehem Arega Asmamaw

Development of international health law: the role of the African union. 295

Part V – Human Rights and Health. 317

Chapter 15 Fernando Arlettaz

Restrictions on civil rights in time of epidemics. 319

Chapter 16 Remzije Istrefi

Emergency state powers and human rights. 343

Chapter 17 Cecilia I. Silberberg

Legal strategy to safeguard the right to personal data protection in future epidemics. 367

Chapter 18 Luciano Bottini Filho

State positive obligations and the international right to health in epidemics: how much should be enough?. 389

Part VI – Environment and Epidemics. 409

Chapter 19 Iraida Angelina Giménez

Epidemics and climate change in international law. 411

Chapter 20 Xiaoou Zheng

Understanding the interrelationship between biodiversity and epidemics from the perspective of international environmental law. 435

Chapter 21 Andrew Van Duyn

Transboundary environmental impact assessments and the international control of infectious disease spread. 449

Part VII – Investment and Transport Law. 473

Chapter 22 Sophie Davin

Epidemics and investment law: a host state’s perspective. 475

Chapter 23 Maria Emilynda Jeddahlyn Pia V. Benosa

Covid-19: a vicious wave for maritime transport. 499

Part VIII – Epidemics and Peace and Security. 523
Chapter 24 Aline Almeida Coutinho Souza

The new facet of United Nations peacekeeping missions: recognizing global health risks as a threat to international peace and security.525

Chapter 25 Craig D. Gaver

What role for the UN Security Council in epidemics?: A Covid-19 case study. 545

Chapter 26 Mulry Mondélice

The UN and the Haiti cholera case: Articulating the rule of law, immunities and responsibility y of international organizations in international
law. 565

Part IX – Responsibility and Liability. 589

Chapter 27 Siamak Karimi

Liability of the state of origin regarding the outbreak of epidemics. 591

Chapter 28 Alex Silva Oliveira

Reflections on the concept of responsibility in epidemics. 615

Chapter 29 Yu-Hsiang Huang

Is the WHO responsible for a mismanagement of the epidemic? Conceptualizing mandate, power and obligation. 635

Part X – Dispute Settlement. 657

Chapter 30 Zhang Maoli

The role of scientific evidence in inter-state dispute settlement relating to epidemics. 659

Chapter 31 Anna Facchinetti

State immunity from civil jurisdiction in epidemic-related cases. 689

Über Autor(innen)

Shinya Murase (Japan): Professor Emeritus, Sophia University, Tokyo; Member of the UN International Law Commission (ILC); Member of the Institut de Droit International (IDI).

Suzanne Zhou (Australia): Manager, Prevention, McCabe Centre for Law and Cancer.