Московский журнал международного права (Apr 2022)
COVID-19 and International Law: Special Issues
Abstract
INTRODUCTION. In December 2019, an outbreak of coronavirus infection (SARS-CoV-2) transmitted by airborne droplets was recorded in Wuhan, China. In midJanuary, the virus was detected in Tailand and Japan; in March, the center of the pandemic moved to Europe; in early April, the United States came out on top in terms of the number of infections. To combat the virus, many states have introduced emergency measures, including lockdowns, social distance requirements, mass testing, etc. Te pandemic has affected all spheres of public life, including international relations and international law. Tis article continues the article “COVID-19 and International Law: General Issues”.MATERIALS AND METHODS. Te article analyzes the response to the pandemic on the part of states, organizations and the doctrine of international law; examines special international legal aspects of the pandemic: impact of the pandemic on human rights, WTO law, international investment law, and etc. Te problems of legal regulation in connection with the pandemic are defned and the ways of their solution are determined. Te subject of analysis is the materials of foreign legal press, frst of all, posts and articles on the Internet. In addition to the data of international law, scientifc categories of philosophy, economics and political science are used.RESEARCH RESULTS. In response to the pandemic, many states have closed their borders to the entry of foreigners and the exit of their own citizens; have closed their ports to foreign ships, banned disembarkation and change of crew, or introduced mandatory testing and quarantine; have suspended flights and restricted the export of pharmaceutical ingredients; inter alia, these measures affected foreign investors. Te pandemic has also exacerbated problems of wildlife trade, cybersecurity and compliance with international humanitarian law. Border closures and port restrictions have drawn criticism, including citing violations of International Health Regulations, the law of the sea, refugee law and human rights law. Responses to derogations from investment and WTO obligations have been more restrained; many authors noted the legitimacy of the respective actions of states.DISCUSSION AND CONCLUSIONS. In fact, the pandemic marks tectonic changes: the elimination of the outdated political model of the Modern Times and transition to a new political and legal paradigm. First, it is about changing the subject of the social contract. Te Hobbesian model of this contract implies obedience to the sovereign in exchange for guarantees of rights, as well as inviolability of private life; the new model presupposes the abolition of these guarantees and the imposition on the sovereign of the only obligation – the protection of biological (bare) life, which, in turn, means an unlimited right to intervene. Second, the pandemic is the backdrop for the redistribution of power between states, international organizations, corporations and media; by blurring the line between politics and expertise, it contributes to the anonymization of power, excludes political discussion and removes the requirement of public control. Tird, the pandemic radically changes management methods: under the pretext of a common threat, the state enters into direct contact with citizens, involving constant monitoring, verifcation and restrictions; the new mode of citizenship in this regard implies constant fear, consent to medical manipulations and refusal from unauthorized activity.
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