| Status | 已發表Published |
| The Legality of State Response to Covid-19 Pandemic and the Implications Within and Across National Borders | |
Ramaswamy, M.P.
| |
| 2020-06-01 | |
| Source Publication | Journal of Education and Social Sciences
 |
| ISSN | 2289-9855 |
| Pages | 37-49 |
| Abstract | States have imposed various measures in response to COVID-19 pandemic outbreak, justifying them on wider public interest grounds. However, the implications of the related measures domestically and across borders, as well as the question of legality of the imposed measures, are yet to be fully assessed. While states are forced to take measures, intricate questions like whether they enjoy unfettered freedom or there exist any limitations and therefore should be accountable for their actions continue to arise. The sources imposing limitations on state powers could emanate from domestic or international laws and the state actions in response to COVID-19 should stand the test of legality in order to ensure that the confidence of the society on the state mechanisms handling crisis situations continue to strengthen. However, the pertinent legal standards based on which, the state actions could be assessed may not be sensitive to the needs arising from a global pandemic situation of this unprecedented magnitude and calamity. Under such circumstances, the onus of undertaking of a balanced assessment of the state measures is crucial for scholarly works as well as formal tribunals and courts that could be called upon to pronounce the legality of the state action. The findings of the paper identify the implications of national responses to COVID-19 pandemic domestically and beyond national borders and highlight the sources for determining the legality of the state actions. The findings reveal the need for taking a socio-legal approach in appraising the state action and accentuate the relevance of such an approach. The paper introduces typical state responses to COVID-19 briefly and analyses some its consequences. The paper examines the impact of state action or inaction upon the rights of different segments of the society and identifies relevant national and international legal standards to assess the legality. The paper addresses the implications of the state actions on international trade and commerce and analyses the role of relevant international norms and institutions in determining the legality. The calls for the need to take a socio-legal approach in assessing the legality of state actions in response to COVID-19 pandemic outbreak. |
| Keyword | State Response Public Health Individual Rights Trade Barriers Legality Socio-legal Theory |
| Language | 英語English |
| The Source to Article | PB_Publication |
| PUB ID | 53642 |
| Document Type | Journal article |
| Collection | DEPARTMENT OF GLOBAL LEGAL STUDIES |
| Recommended Citation GB/T 7714 | Ramaswamy, M.P.. The Legality of State Response to Covid-19 Pandemic and the Implications Within and Across National Borders[J]. Journal of Education and Social Sciences, 2020, 37-49. |
| APA | Ramaswamy, M.P..(2020). The Legality of State Response to Covid-19 Pandemic and the Implications Within and Across National Borders. Journal of Education and Social Sciences, 37-49. |
| MLA | Ramaswamy, M.P.."The Legality of State Response to Covid-19 Pandemic and the Implications Within and Across National Borders".Journal of Education and Social Sciences (2020):37-49. |
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