| Status | 已發表Published |
| Invoking Emergency Measures on Public Health Grounds: The Legitimacy of Social and Trade Restrictions during Global Pandemic Outbreak | |
Ramaswamy, M.P.
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| 2020-06-01 | |
| Source Publication | Proceeding of the Kuala Lumpur International Communication, Education, Language and Social Sciences 15 (KLiCELS 15)
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| Abstract | The outbreak of Covid-19 Pandemic has triggered unprecedented social restrictions in almost all societies around the globe, which in turn has given rise to numerous human rights challenges. While states continue to invoke emergency powers justifying the restrictions on wider public interest grounds, the implications of the related measures domestically and across borders, especially on the global trade, are yet to be assessed fully. While individual states are forced to take measures in the light of the interest of their respective societies, questions of legitimacy and legality of the imposed social and trade restrictions in the light of the need and welfare of the other societies will continue to arise. The paper seeks examine the implications of national responses to Covid-19 pandemic domestically and beyond national borders and how to assess the legitimacy and legality of the social and trade restrictions in the light of the relevant international legal principles and trade obligations respectively. The first part of the paper analyses some typical state response measures to Covid-19 and the potential challenges that could arise. The second part examines the rights and implications of the response measures related to two segments of the society namely the patients and the frontline healthcare workers. The third part evaluates the role of certain principles and legal standards, as well as the limitations of the emergency powers of the state, to test the legitimacy of the measures imposed upon other segments of the society. The fourth part specifically examines the freedom and the limitations recognised under the WTO regime regarding its member states competence in introducing trade restrictive measures under the grounds of public health that can be used as a benchmark to evaluate the legality of international trade restrictions imposed during Covid-19. The concluding part raises the issue of whether the existing sources of national and international normative order as well as pertinent international organisations are sufficient to protect individual rights and achieve global justice or whether the experience of Covid-19 pandemic calls for a rethinking on how to better promote a harmonious co-existence of mutually considerate societies across the world. |
| Keyword | Covid-19 Emergency Measures Implications on Individuals and Society Legitimacy and International legal order Promoting mutually considerate societies |
| Language | 英語English |
| The Source to Article | PB_Publication |
| PUB ID | 53928 |
| Document Type | Conference paper |
| Collection | DEPARTMENT OF GLOBAL LEGAL STUDIES |
| Recommended Citation GB/T 7714 | Ramaswamy, M.P.. Invoking Emergency Measures on Public Health Grounds: The Legitimacy of Social and Trade Restrictions during Global Pandemic Outbreak[C], 2020. |
| APA | Ramaswamy, M.P..(2020). Invoking Emergency Measures on Public Health Grounds: The Legitimacy of Social and Trade Restrictions during Global Pandemic Outbreak. Proceeding of the Kuala Lumpur International Communication, Education, Language and Social Sciences 15 (KLiCELS 15). |
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