57.
Alexandria Macmadu, Justin Berk, Eliana Kaplowitz, Marquisele Mercedes, Josiah D Rich, Lauren Brinkley-Rubinstein,
COVID-19 and mass incarceration: a call for urgent action, 2020.10.09,
https://doi.org/10.1016/S2468-2667(20)30231-0 .
This article outlines the outsized effect of the COVID-19 pandemic on people who are incarcerated and Black communities and then elucidates the inextricable links between health, race, and incarceration. It also points out that decarceration is urgently needed to mitigate the outbreaks and to reduce the racial health disparities.
Bibio56: Nathan J Brendish, Stephen Poole, Vasanth V Naidu, Christopher T Mansbridge, Nicholas J Norton, Helen Wheeler, Clinical impact of molecular point-of-care testing for suspected COVID-19 in hospital (COV-19POC): a prospective, interventional, non-randomised, controlled study, October 08, 2020, https://doi.org/10.1016/S2213-2600(20)30454-9, this article shows that point-of-care testing is associated with large reductions in time to results and could lead to improvements in infection control measures and patient flow compared with centralised laboratory PCR testing.
56.
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 .
There has never been any State practice in pursuing State responsibility for alleged malfeasances in pandemics. What effect does this absence of practice have on the framework of applicable law regarding this pursuit of State responsibility? How can we make sense of this absence in the context of global public health?One way would be to see the absence as reflecting a lex specialis providing for no State responsibility for any alleged malfeasances; another as reflecting States’ assessment that there is no or slight chance of success even under a lex generalis not excluding potential responsibility.
55.
Vesna Pusic,
Fear, Hate, and Competence: Could COVID-19 Be a Turning Point? 2020.08.27,
http://www.chinatoday.com.cn/ctenglish/2018/ii/202008/t20200827_800218873.html .
COVID-19 has shown that the world cannot successfully confront a major crisis without investing a modicum of fundamental trust and accountability in international relations.
54.
11. Diane Desierto,
Beyond the State: Our Shared Duties to Cooperate to Realize Human Rights during the Evolving Risks of a Global Pandemic, 2020.08.20,
https://www.ejiltalk.org/beyond-the-state-our-shared-duties-to-cooperate-to-realize-human-rights-during-the-evolving-risks-of-a-global-pandemic/ .
In this post, the author argues that the duties of international cooperation under international human rights law are not just left up to States, but also to private sectors, groups, individuals who are all supposed to be both subjects and addressees of the right to development under the 1986 UN Declaration on the Right to Development and the Draft Convention on the Right to Development.
53.
Francesca Bellazzi, Konrad v Boyneburgk,
COVID-19 calls for virtue ethics, 2020.07.07,
https://doi.org/10.1093/jlb/lsaa056 .
The global spread of COVID-19 has led to the imposition of severely restrictive measures by governments in the Western hemisphere. Someone feels there is a contrast between these measures and citizens’ freedom. This paper argues that this contrast is a false perception. By providing a philosophical analysis that is able to answer these questions, the aim of the paper is to illustrate an ethical framework that enables the individual to rationally cooperate with current restrictions because it is morally justified given the circumstances.
52.
Qiao Liu,
COVID-19 in Civil or Commercial Disputes: First Responses from Chinese Courts, 2020.08.30,
https://doi.org/10.1093/cjcl/cxaa023 .
This comment highlights the major civil or commercial (mostly contract) law provisions in 24 judicial documents newly released by the Supreme People’s Court or High People’s Courts in China in response to the outbreak of COVID-19 and assesses the significance of key changes to the pre-pandemic law.
51.
Mia R K Hartmann, Rasmus Koss Hartmann,
Frontline Innovation in Times of Crisis: Learning from the Corona Virus Pandemic, 2020.07.30,
https://doi.org/10.1093/police/paaa044 .
The current COVID-19 pandemic brings about dramatic challenges for frontline police officers and their organizations. The author argues that this will likely have two implications for frontline learning and innovation. At this moment of unusually widespread and transparent frontline innovation, this paper proposes an approach to capturing and diffusing this frontline innovation. By taking seriously the unique dynamics of frontline innovation, such an approach is likely to capture valuable innovations that might otherwise rapidly dissipate and be lost.
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.
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