Global Health

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COVID-19, China and International Aviation Law: A ticket to The Hague?

Since COVID-19 developed into a global crisis, scholars have argued about the possibility of suing China for its role in the spread of the pandemic (see e.g. here). On the international level, scholars have identified several legal bases on which to pursue claims, most notably Arts. 6 and 7 of the WHO’s International Health Regulations (IHR) (see here, here, and here) and furnished arguments for both contentious and advisory jurisdiction of the International Court of Justice (ICJ) (see here and here). This is especially tricky in the case of China, which has historically been reluctant to accept compulsory jurisdiction of international courts. However, there might be an additional route to bring this issue to an international body and eventually even to the ICJ: the Convention on International Civil Aviation. Settling disputes under the Chicago Convention This multilateral treaty, also known as the Chicago Convention, which entered into force in 1947, sets up principles for the international operations of civil aircraft. It also established an…

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Private Security, Human Rights, and Covid-19

Since the start of the COVID-19 pandemic we have seen a leap in demand for certain types of private security services from both States and businesses, and exacerbation of existing challenges in the sector. Many governments and other actors, such as the European Commission, are categorising private security as an ‘essential service’ or ‘critical occupation.’…

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COVID-19 and the WHO’s Political Moment

In its Preamble, the Constitution of the World Health Organization (WHO) states that “[t]he achievement of any State in the promotion and protection of health is of value to all. [….] The health of all peoples is […] dependent upon the fullest co-operation of individuals and States.”. It would be difficult to find better terms to express the…

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The right to enter his or her own country

The tension between the right of the State to regulate entry into its jurisdiction and the right of the individual to move freely has come to the fore in the COVID-19 pandemic. In an effort to contain the transmission of COVID-19, it has been reported that Samoa denied entry to eight of its nationals, and…

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The WHO: The Guardian of Human Rights during Pandemics?

On May 18, President Trump tweeted a 4-page letter addressed to the WHO, threatening to cut funding to the organization and reconsider the United States’ membership within it. One of the reasons for these threats was the WHO’s reaction to China’s alleged human rights violations. President Trump accused the WHO of ‘being conspicuously silent [ with ]…

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