144.
AFP ,
UK govt botched initial Covid response: MPs' probe, 2021.10.12,
https://www.msn.com/en-us/news/world/uk-govt-botched-initial-covid-response-mps-probe/ar-AAPpqGd .
That report said Leading advisors were guilty of "groupthink" and pushed a "gradual and incremental approach" to interventions such as social distancing, isolation and lockdowns, but lso praised the government's rapid launch of a mass vaccination campaign against Covid in December, arguing that had "redeemed" some of the earlier failings.
143.
Irene Calboli,
Trade marking ‘COVID’ and ‘Coronavirus’ in the USA: an empirical review, 2021.06.11,
https://doi.org/10.1093/jiplp/jpab032 .
The author reviews the applications including the terms ‘COVID’ and ‘Coronavirus’ filed with the United States Patent and Trademark Office (USPTO) in 2020 and find that the COVID-19 pandemic led not only to a large number of filings for medical and pandemic related products, but also for unrelated and promotional products. Individuals and small businesses were the largest groups of filing entities. Moreover, over two-thirds of the filings were submitted based on intent-to-use rather than use in commerce. The author considers the number of filings closely mirrored the development of the pandemic during the various months of 2020 and concludes that one of the lessons that could be derived from the COVID-19 pandemic, and this unprecedented number of applications, is the need to further study the phenomenon of ‘sensation-drive’ trade mark filings and the problems that these filings can represent for the trade mark system.
142.
Edward S W Ti,
Of Landlords and Tenants: Property in the Midst of a Pandemic, 2021.07.01,
https://doi.org/10.1093/slr/hmab018 .
The author provides an overview of the regulatory protections given to business tenancies during the pandemic, as well as under the Landlord and Tenant Acts 1927 and 1954. The special responsibility owners have to not use their property in a harmful manner provides a strong basis to justify these regulations. The author advocates a modified version of Honoré’ s incident of ownership not to use property in a harmful manner. Drawing on theory, policy and the doctrine of frustration, the author explains why Honoré’ s incident provides the conceptual and ethical basis to justify not only the enactment of the coronavirus-inspired laws protecting business tenancies but more generally, when property rights can be statutorily interfered with.
141.
Francesco Sassi, Francesca Frassineti,
Chaos at the Gates: The impacts of the COVID-19 pandemic and energy price shocks on South Korea’ s gas industry amid energy transition, 2021.06.18,
https://doi.org/10.1093/jwelb/jwab018 .
The author points out that the far-reaching fallout of COVID-19 has been testing South Korea’ s energy transition pathway. Amid the combined effects of the pandemic and the global energy prices shocks, addressing the nexus between energy security on the supply side, affordability, and the safety of people’ s lives and property, has become even more pressing. Against this backdrop, natural gas has tailored a special role to bridge the low carbon re-alignment of the entire Korean energy system, also in the face of the current and future challenges to Korea’ s energy security. But long-drawn hurdles stemming from rather unsuccessful efforts to reform the gas system risk weakening its ability to cope with present uncertainties and heightened volatilities.
140.
Cosmos Nike Nwedu,
The Rise of Force Majeure amid the Coronavirus Pandemic: Legitimacy and Implications for Energy Laws and Contracts, 2021.03.01,
https://heinonline-org-443.webvpn.cfau.edu.cn/HOL/Page?public=true&handle=hein.journals/narj61&div=6&start_page=1&collection=usjournals&set_as_cursor=32&men_tab=srchresults .
The global outbreak of coronavirus disease has become one of humanity's greatest challenges. The energy sector has also been impacted, as it has seen episodic low prices of oil. This scenario is due to less demand for oil amid various containment measures and related health policies of governments worldwide. The performance of existing oil and gas contracts has been rendered impracticable in some parts of the world. This has resulted in parties invoking force majeure clauses as an excuse. However, the legitimacy of coronavirus as an acceptable force majeure has emerged controversial. This article, adopting an analytical approach, makes a case for coronavirus as a typical instance of force majeure for energy contracts or sales and purchase agreements, which can only avail defense depending on parties' contractual force majeure provisions. This article offers an understanding of force majeure alongside required fundamentals. Likewise, it highlights current debates about force majeure and likely impacts on future energy law contracts.
139.
Jason M. Groth, Sara Wolovick,
Overcoming Deliberate Indifference to the COVID-19 Pandemic, 2021.03.01,
https://heinonline-org-443.webvpn.cfau.edu.cn/HOL/Page?collection=usjournals&handle=hein.journals/uthcrm5&id=16&men_tab=srchresults .
This article will discuss the thus far nearly insurmountable obstacle of the deliberate indifference standard in Eighth Amendment litigation in Section II. Section III considers the possibility of claims under Utah Constitution's unnecessary rigor clause being brought to test cases under the less burdensome standard of unnecessary abuse. Section IV examines how an unnecessary rigor analysis may benefit litigation that would likely be fruitless under a cruel and unusual punishment analysis that uses the deliberate indifference standard.
138.
Ana Santos Rutschman,
Property and Intellectual Property in Vaccine Markets, 2021.05.02,
https://heinonline-org-443.webvpn.cfau.edu.cn/HOL/Page?handle=hein.journals/txamrpl7&id=110&collection=usjournals&index= .
This Essay begins by mapping the dualism in vaccine research & development and commercialization, describing both "happy" and "unhappy" markets. It then connects the development of new vaccines with the default legal regime to promote innovation in the patent system. In exploring possible solutions for transactional problems arising in connection with the development of vaccine technology, this Essay asks whether the rights covering vaccine technologies are best understood as property rights or as something else. this Essay concludes by exploring how less property-like protection-in the form of a liability regime for critical components of vaccine technology-can remove some of the most salient transactional obstacles to the development and commercialization of new and better vaccines.
137.
Yee-Fui Ng, Stephen Gray,
Wars, Pandemics and Emergencies: What Can History Tell Us about Executive Power and Surveillance in Times of Crisis, 2021.04.01,
https://heinonline-org-443.webvpn.cfau.edu.cn/HOL/Page?handle=hein.journals/swales44&id=234&collection=journals&index= .
In the fight against coronavirus, the Australian government has enacted a series of measures that represent an expansion of executive powers. These include the use of smartphone contact-tracing technology, mandatory isolation arrangements, and the closure of businesses. Critics have expressed concerns about the long-term implications of these measures upon individual rights. This article will analyse the validity of such concerns in the context of other historical uses of executive power in Australia in times of crisis: during the Spanish Flu pandemic of]918, the First and Second World Wars, and the 'War on Terror' post-September 2001. Drawing its conclusions from these historical precedents, the article argues that clear legislative safeguards are a minimum necessary step both to prevent police and governmental abuse of privacy, and to foster and maintain trust in the government's ability to manage their powers in a manner consistent with human rights.
136.
Michelle Foster, Helene Lamber, Jane McAdam,
Refugee Protection in the COVID-19 Crisis and beyond: The Capacity and Limits of International Law, 2021.04.01,
https://heinonline-org-443.webvpn.cfau.edu.cn/HOL/Page?collection=journals&handle=hein.journals/swales44&id=111&men_tab=srchresults .
The current pandemic and concomitant framework of crisis has led to unprecedented restrictions on global movement, and hence on the ability of refugees to seek protection. These measures have been implemented as a matter of urgency, yet risk violating international refugee and human rights law. This experience provides an opportunity to reflect on an equally compellingthreat, namely displacement linked to the impacts of climate change. This article considers these twin challenges and reflects on the capacity and limits ofinternational law to address both crises, while balancing the competing rights and interests at stake. It argues that a key challenge for international law and policy is how to harness the sense ofurgency generated by COVID-19 for the long-term 'climate crisis'.
135.
The African COVID-19 Critical Care Outcomes Study (ACCCOS) ,
Patient care and clinical outcomes for patients with COVID-19 infection admitted to African high-care or intensive care units (ACCCOS): a multicentre, prospective, observational cohort study, 2021.05.22,
https://doi.org/10.1016/S0140-6736(21)00441-4 .
This study shows that mortality in critically ill patients with COVID-19 is higher in African countries than reported from studies done in Asia, Europe, North America, and South America. Increased mortality was associated with insufficient critical care resources, as well as the comorbidities of HIV/AIDS, diabetes, chronic liver disease, and kidney disease, and severity of organ dysfunction at admission.
Beijing Interest Group on Global Health and Global Governance
Contact: secretary@bigghgg.cn