Coronavirus and how it is linked to the general international law
Coronavirus first identified in Wuhan, china detected in 2019 stands at the focus of international laws. For instance, the World Health Organization (WHO) issues daily reports concerning the virus and how it should be mitigated. Moreover, other laws are being updated to combat the spread of the virus in various parts of the world. The virus is categorized as a severe acute respiratory disease which endangers the life of every human being. The speed at which the virus is spread and continuous uncertainty as to when the virus will end has led to a legal regime set by the International Health Regulation (IHR). The international law was set up to combat the worldwide spread of the disease to other countries. Therefore, the main of this paper will be to examine Coronavirus and how it is linked to general international law.
Coronaviruses are important pathogens of birds and bats. The disease causes illness ranging from cold to difficulties in breathing. it is believed that the disease was initially from animals and later transmitted to human beings. China alerted the WHO of the unusual cases of pneumonia in Wuhan in December. Other people believe that the disease originated from a wet market in Wuhan where seafood and wild animals were sold for consumption. Most scientists have pointed out that the possible causes for the disease would be bats and snakes. There is another theory suggesting that the Coronavirus was invented in the laboratory to wipe out the human population. The origin is still unclear, and more research is done to find the cause of the disease. The disease has since been spreading in every country and is causing panic. On March 11, WHO declared the Coronavirus as pandemic and public health emergency of international concern. Consequently, a legal framework was implemented to govern the situation and come up with international laws.
most countries have adopted restrictions from mandatory quarantines and isolations to travels bans from one city to the other. Some governments have declared a state of emergency in their country to control the spread of the disease. International law shapes the response of some contagious disease such as Coronavirus. Therefore, WHO has implemented a legal framework to achieve greater international corporation from other countries by forming three initiatives. The three initiatives include building a state’s ability to detect, assess and report to the public about health events. Secondly, countries are to grant WHO the mandate to coordinate operations concerning the disease. Thirdly, the country is to agree to the measures put in airports, port and ground crossing to curb the spread of the disease. The legal framework put in place also forbids unnecessary trade between nations as it can spread the virus. More so, international health regulation is an international law jots the rules for the cross border spread of the disease. However, with the spread of this disease, questions have arisen on how the legal instrument will accomplish not spreading the virus to other countries.
Most countries have followed the directives put in place as schools, corporations and universities have followed the recommendation given by WHO. Before WHO had declared the pandemic, most nations had taken matters in their hands. Therefore, world health organization felt the need for global solidarity to enhance preparedness in other areas of the world that had not been yet affected by the disease. The director insisted that international coordination was vital to address a new infectious disease which has taken over the lives of the people.
Coronavirus is linked to international laws as IHR was built to facilitate coordination among the nation to combat the spread of the disease. The distinguishable feature of IHR implementation depends on the voluntary compliance of the states. For instance, in case a health emergency is reported, then the WHO director has the mandate to decide on how to respond based on a decision instrument attacked to the IHR. After receiving such information, the director then conveys the message to the emergency committee and infectious disease experts who then make a recommendation. However, the decision made is not based on scientific advice but the basis of instrumentation of IHR. In consequence, the WHO director has to navigate through a legal and political terrain forcing nations to comply without questioning or risking division.
The pandemic has greatly had a major impact on international arbitration. This is because the virus had destabilized worldwide commerce, economy and prompted a significant decrease in global stock markets. Counties are being in lockdown, and there is no foreign trade that is going on. The virus has spread from China to European and African countries. With this virus, the future is uncertain. For instance, international supply is seriously affected. Lawyers are advising big companies to suspend contractual performance and use majeure rule. Moreover, the contract writes are thinking on changing the contract terms, which include arbitral seats, procedures and the choice of law. Not only has the virus led to the disruption of international arbitration in other china but also in other countries. Arbitration hearing has also been delayed, and most practitioners are planning to postpone the hearings in certain locales. Numerous companies are also encouraging their employees to work from home to evade the risk of spreading the virus. The arbitration practitioners from affected areas are also hesitant to impose some rules on other nations since they are also affected.
It is with this reason that almost all arbitration institutions have implemented measures such as having healthcare measures in the offices, postponing hearings and advising parties to refrain from such hearings. The tribunal also gives an exemption from those parties that cancel their hearings with the virus affecting the international arbitration. it is also expected to lead to cancellation of conferences in various parts of the world. For instance, the Olympic games, which were to be held in Tokyo this year, were cancelled in regards to WHO guidelines. Research also shows that the virus will affect the way evidence is created and transmitted. Moreover, the tribunal will prefer digital memorial and submission of documents compared to the traditional methods of the original appearance.
There is a law which permits movement from one place to another. However, with the rise of coronavirus cases, there is a travel ban everywhere. People are advised to stay at home and self-quarantine. Restricting the movement of people and goods during a public health emergency could lead to the economic instability of many countries. The restriction put in place has interrupted businesses. The travel measures interfered with international traffic. WHO placed such restriction based on a cautious risk assessment to solve the issue of Coronavirus. Consequently, travel bans affected passengers coming from areas affected by the pandemic. After WHO declared the travel band, about 38 countries have reported to WHO concerning health measures which interfere with international traffic law. However, several countries that denied passengers and flights from china have reported cases of Coronavirus. Imposing the travel ban has been reported to be ineffective. WHO came up with guidelines for passengers travel to other countries to delay their flight until a cure is found for the Coronavirus.Coronavirus has greatly had a huge impact on international travel law since there is no movement allowed.
Coronavirus has led to revisiting the essence of good faith for international law. International law analysis often ignores the relevance of subjective political factors as far-reaching. Coming up with obligation and ensuring international responsibility is what is taking place in curbing the pandemic. There are also discussions about whether IHR should have oversight mechanisms or they are just beyond the scope of international law. However, the current systems in place make surveillance of the disease depends on how willing the state is cooperating. For this reason, it has made the most nation to revisit the nature of good faith of the international laws. According to a meeting done by IHR, accurate decision making only takes the place of there is adequate information. Difficulties involved in identifying the epidemiological characteristic of the virus hinders the possibility of doing a precise risk assessment. However, the need for rapid decision-making leads to mistrust and becomes very expensive to undertake. With good faith reports, as led to WHO keeping the surveillance framework running.
A no harm law has also been put in place with the widespread of Coronavirus. The law requires a nation to prevent, stop and ban travel movements. However, the law does not require nations to stop or prevent the disease but attempt to do so or minimize the risks associated with the disease. Article 3 of the law is applied from the moment the states know the harm and the risk associated with Coronavirus. Measures such as ask risk assessments, monitoring and international corporations are what is required to combat the spread of the virus. The law requires members of the states to act regardless of how it is responsible for the harm. The law encompasses a low likelihood of causing disastrous boundaries to other neighbouring states.
Lastly, COVID-19 is scenically proven that is causes disastrous health consequences leading to death. Therefore, all states, despite whether the outbreak originated from their areas, have the mandate to prevent the disease from spreading further. Additionally, Coronavirus has led to the formulation of new policies and also have a major impact on other international laws. Coronavirus pandemic is linked to general international law as states realize the right to health is related to the economic potential of every state. Therefore, states must follow the given international law towards the full realization of the health of a human being. For this reason, every country must adopt and implement a national strategy and a plan of action to prevent the spread of the disease. Moreover, states with capabilities to assists other struggling states should render the assistance as it is considered as international cooperation.
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