Covid 19 in the face of Contemporary International Law

Brawijaya Law Journal Pub Date : 2021-10-31 DOI:10.21776/ub.blj.2021.008.02.06

N. Norouzi, Elham Ataei

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Abstract

The outbreak of COVID-19 is an international crisis that has been unprecedented for the past hundred years. The virus was first reported in Wuhan China in late 2019 and gradually spread worldwide. In such circumstances the effectiveness of international law in protecting human lives and promoting the right to health has been severely tested. More importantly in the words of Michel Bachelet (A UN official) the COVID-19 has become a benchmark for the international community. This article will analyze how international law deals with the COVID-19 crisis in several areas: First the World Health Organization’s role as the main body responsible for protecting human healthcare in the face of the COVID-19 outbreak will be analyzed. Second the international responsibility of States in guaranteeing the right to health will be assessed to determine the effectiveness of international law. Third the suspension of human rights abuses due to the COVID-19 outbreak emergency will be tested in the international human rights system. Finally the performance of the UN Security Council in dealing with this pandemic is examined. In each area the question is to what extent the current structure of international law effectively deals with international crises and preserves human dignity. Keywords: COVID-19, International Law, World Health Organization, United Nations Security Council, International Responsibility of Governments, State of Emergency

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面对当代国际法，应对2019冠状病毒病

新冠肺炎的爆发是过去一百年来前所未有的国际危机。该病毒于2019年底在中国武汉首次报告，并逐渐在全球传播。在这种情况下，国际法在保护人类生命和促进健康权方面的效力受到了严峻考验。更重要的是，用联合国官员米歇尔·巴切莱特的话来说，新冠肺炎已经成为国际社会的一个基准。本文将分析国际法如何在几个领域应对新冠肺炎危机：首先，将分析世界卫生组织在新冠肺炎疫情面前作为保护人类健康的主要机构的作用。第二，将评估各国在保障健康权方面的国际责任，以确定国际法的效力。第三，因新冠肺炎疫情紧急情况而暂停侵犯人权的行为将在国际人权系统中受到考验。最后考察了联合国安理会在应对这一流行病方面的表现。在每一个领域，问题都是目前的国际法结构在多大程度上有效地处理了国际危机并维护了人的尊严。关键词：新冠肺炎、国际法、世界卫生组织、联合国安全理事会、各国政府的国际责任、紧急状态

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