50.
Geertrui Van Overwalle,
Will COVID patents save the world?2020.07.18,
https://doi.org/10.1093/grurint/ikaa110 .
The discussion concerning patent protection for Covid-19 vaccines and treatments has started in policy circles, academia and the press. Two principles up front are vital in finding a balanced response in this debate. First, a well-balanced solution recognizes the persistent need for an incentive for the pharma industry and universities to continue the development of a successful vaccine. Second, a well-balanced solution safeguards affordable access to a vaccine for all. The key question is then: what legal tools are available to ensure that the pharma industry and universities will continue their quest for the vaccine.
49.
Walter G Johnson, Gary E Marchant,
Legislating in the Time of a Pandemic: Window of Opportunity or Invitation for Recklessness?2020.06.15,
https://doi.org/10.1093/jlb/lsaa042 .
The COVID-19 epidemic has been exacerbated by failures in diagnostic testing for the virus in the United States. Whether COVID-19 may create a useful “window of opportunity” to pass much-needed legislative reform of diagnostic regulation or result in reckless and disruptive changes is uncertain. The paper reviews and applies the historical lessons of legislating in response to a crisis and conclude that not both of the pending legislative proposals may satisfy the criteria for an appropriate opportunistic change for diagnostics regulation.
48.
David Patterson, Dineke Zeegers Paget,
COVID-19 and human rights – why should the public health community be concerned? 2020.09.10,
https://doi.org/10.1093/eurpub/ckaa174 .
This article suggests that human rights and pubic health should not been seen simply as competing public policy objectives. Instead, the author proposes an approach which focuses on State obligations to protect and promote the right to health, including in the COVID-19 crisis, firmly grounded in international law.
47.
Sienho Yee,
To Deal with a New Coronavirus Pandemic: Making Sense of the Lack of Any State Practice in Pursuing State Responsibility for Alleged Malfeasances in a Pandemic—Lex Specialis or Lex Generalis at Work? 2020.08.23,
https://doi.org/10.1093/chinesejil/jmaa022 .
This article illustrates two ways to see the absence of any State practice in pursuing State responsibility for alleged malfeasances in pandemics. One see the absence as reflecting a lex Specialis, while another see it as reflecting a lex Generalis. The author believe the former appears more consonant with the uniform lack of practice in pursuing State responsibility over the long course of history of dealing with pandemics.
46.
Gail Lythgoe and Christian J. Tams,
Multi-level Governance of Global Health: Lessons from Covid-19, Global Cooperation Research—A Quarterly Magazine, 2020.07.01,
www.gcr21.org/fileadmin/website/publications/Quarterly_Magazine/GCR21_Quarterly_Magazine_2-2020_July-online.pdf .
This comment analyses the ‘sophisticated’ but ‘thin’WHO regime for global health governance and identify its main structural shortcomings in the interplay with other levels of governance.
45.
Eyal Benvenisti,
The WHO—Destined to Fail?: Political Cooperation and the COVID-19 Pandemic, 2020.06.30,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3638948) .
The author argues that the World Health Organization (WHO) has not been equipped with the necessary authority to adequately fulfill its mission. The author distinguishes between different types of cooperation problems faced by the WHO and explains why achieving global health calls for intrusive powers by a governing authority—powers that the WHO does not enjoy.
44.
Chao Wang,
To Cope with a New Coronavirus Pandemic: How Life May Be Changed Forever, 2020.8.18,
https://academic.oup.com/chinesejil/article/19/2/221/5893654 .
This paper holds that the coronavirus pandemic is not the end of globalism; on the contrary, it offers a timely reminder of humanity’s interdependence. Normative consensus is necessary for the co-existence of all human beings in this changing world, and this should serve as a coping strategy in tackling the pandemic.
43.
Patrick C R Terry,
To Fight a New Coronavirus: Crisis Management and International Cooperation from a Local Perspective in Germany，2020.7.26,
https://academic.oup.com/chinesejil/article/19/2/215/5876606 .
This paper contributes thoughts on crisis management and international cooperation from a local perspective, it first discusses the competencies of local and regional authorities within States, then turns to the issue of international cooperation between such sub-national entities.
42.
David P Fidler,
To Fight a New Coronavirus: The COVID-19 Pandemic, Political Herd Immunity, and Global Health Jurisprudence, 2020.8.13,
https://academic.oup.com/chinesejil/article/19/2/207/5891893 .
The collapse of political herd immunity during COVID-19 has epidemiological, geopolitical, ideological, and legal sources. The coronavirus emerged as balance-of-power politics returned to international relations. Ideological differences compounded geopolitical tensions and create divisiveness in domestic politics. In this turbulent context of power and ideas, international law proved vulnerable and inadequate to support robust pandemic cooperation.
41.
Kennedy Gastorn,
To Name a New Coronavirus and the Associated Pandemic: International Law and Politics, 2020.8.18,
https://academic.oup.com/chinesejil/article/19/2/201/5893653 .
COVID-19 has exacerbated theories about a pandemic, including on its naming. At the level of international law, this paper seeks to shed light on the rules that govern the naming of a virus and its associated pandemic.
Chinese Society of International Law, in association with Chinese Institute of International Law at China Foreign Affairs University, and National Center for Foreign-related Rule of Law Research at China Foreign Affairs University
Contact: secretary@bigghgg.cn