Volume 8 | Shawwal 1441 |
Issue 6 | June 2020 |
ISSN 24102237 |
Editorial
Covid-19 Pandemic … Limited Performance of International Health and Legal Systems
By: Prof. Badria A. Al-Awadi
Editor-in-Chief
Several social, economic and health organizations and bodies have emerged seeking to preserve the life of mankind and to organize and develop relations between states and human societies in the post-world wars period, and the preceding and intersecting diseases and epidemics such as the Spanish flu that spread in Europe and the world and led to the death of more than 50 million people in 1918.
Moreover, these bodies were established in order to revive the values of Human solidarity, mitigating the effects and repercussions of wars, conflicts, diseases and epidemics that are still causing the death of many people, and to help achieve human development.
Covid-19 Pandemic ... Limited Performance of International Health and Legal Systems
Chief-in-Editor Prof. Badria A. Al-Awadi
Several social, economic and health organizations and bodies have emerged seeking to preserve the life of mankind and to organize and develop relations between states and human societies in the post-world wars period, and the preceding and intersecting diseases and epidemics such as the Spanish flu that spread in Europe and the world and led to the death of more than 50 million people in 1918.
Moreover, these bodies were established in order to revive the values of Human solidarity, mitigating the effects and repercussions of wars, conflicts, diseases and epidemics that are still causing the death of many people, and to help achieve human development.
Among these organizations is the United Nations Economic and Social Council (1946), the World Health Organization (1948) which is affiliated with the United Nations and Médecins Sans Frontières (1971), an independent, voluntary, organization that strives to provide medical services in the affected areas. This is in addition to a number of special organizations such as the International Committee of the Red Cross, established in 1863 to protect Victims of armed conflict.
These efforts were strengthened with the spread of medical and health colleges all over the world and the increased awareness of the importance of expanding and developing scientific research to confront epidemics and incurable disease. This trend was also adopted by the governments of the newly de-colonized countries. This was later supported by the growth of the role of the private sector in establishing specialized hospitals and clinics.
In light of this, the preservation of public health and the number of hospitals and doctors per thousand inhabitants has become one of the contemporary human development standards. It has also become part of the open international economic plans and work standards by promoting social responsibility that includes supporting the health and medical sectors in developing countries.
As a result of all these developments, human societies have believed that they created, collectively and individually, solid barriers in the face of epidemics, diseases and disasters. They believed that the dark eras they went through were over. However, their beliefs were compromised, reflecting a certain weakness and limitations when faced with the COVID-19 pandemic, which revealed great gaps in these concepts.
It has been found that the information and health safety network established through the World Health Organization and through other official and voluntary organizations, is not functioning in a sound, proper and effective manner. The available information indicates that the virus appeared in China in the second half of 2019, affecting a large number of people, and was found to be dangerous in an early stage. However, transportation continued in a normal manner from infected areas around the world, which made matters worse.
The number of infections and deaths increased in Italy, Iran and Spain. The World Health Organization was forced to declare the epidemic a global pandemic on March 11, 2020. This decision was considered by many health authorities a late decision being issued after a long hesitation and the failure to disclose full information about the epidemic. The absence of adequate information about this virus has led to a delayed diagnosis of this disease and hindered doctors and scientists’ efforts in trying to find the necessary vaccines and medicines.
Although the laws and regulations of the World Health Organization, the United Nations, and other organizations have many regulations that support governance and good management and establish legal responsibility for any failure or slowdown in response, the activation of any of these aspects has yet to happen despite the catastrophic effects of the pandemic on human societies around the world.
It was also found that the resources of international humanitarian support in the face of epidemics, diseases and disasters were very limited, as the United Nations did not provide significant medical assistance to affected and poor countries, vulnerable groups such as migrants and refugees around the world, as well as areas of disaster and warfare, which indicates the decline in the role of the international community institutions in activating the values of international solidarity.
Parallel to that and as a result of the catastrophic effects of the pandemic, countries, including the major ones, were quick to close their borders and distance themselves, leaving the poor countries and societies to face their fate in the face of this global catastrophe. This is a dangerous indicator of the increasing thought of international isolation and the decline in the values of human solidarity. In order not to undervalue people and to depart from the accounts of political exploitation, several countries have provided other countries with medical equipment and assistance to cope with the disaster.
The previously mentioned discussion is part of multiple manifestations of the international health and legal imbalances introduced due to the pandemic. This requires strong and effective interventions to revive the values, rules and provisions of international humanitarian solidarity on solid and sound foundations.
Content
Arabic Studies and Research
The Legal Adaptation of the Covid-19 Pandemic in the light of Constitutional and International Fundamentals and Established Legal Principles … between the Rigidity of Postulates and the Flexibility of Considerations: A Comparative Study
Dr. Mahmoud Moughrabi
Assistant Professor of Civil Law
Kuwait International Law School
Dr. Bilal Al Sundaid
Associate Professor of Public Law
Kuwait International Law School
Protection of Procedural Deadlines in light of Legislative Amendments to Counter the Health Crisis of the Covid-19 Pandemic: An Analytical Comparative Study between French and Kuwaiti laws
Dr. Samah Khaman
Assistant Professor of Procedural Law
Kuwait International Law School
Employees’ Wages and Covid-19 Pandemic: A New Reading of Article (61) of the Kuwaiti Labor Law No. 6 of 2010
Dr. Mordhi Al-Ayash
Associate Professor of Civil Law
College of Law - University of Kuwait
Dr. Sami Al-Hathal
Assistant Professor of Civil Law
Public Authority for Applied Education - Kuwait
The Evacuation of Human Trafficking Victims from Kuwait during Covid-19 Crisis of 2020 in the Light of the Protocol to prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime
Dr. Nada Y. Al Duaij and Dr. Essa H. Al Enizi
Assistant Professors of International Public Law
College of Law - University of Kuwait
Judicial Rulings during the Exceptional Covid-19 Pandemic in Kuwait between Legality and Invalidity
Counselor Dr. Adel Bouresli
Constitutional and Legislative Tools to Counter the Covid-19 Pandemic in the Kuwaiti Legal System
Dr. Khaled Fayez Al-Huwaila
Assistant Professor of Public Law
Public Authority for Applied Education - Kuwait
The Effects of the Covid-19 Pandemic on the Employment Contract between Emergency Conditions and Force Majeure
Dr. Anas Faisal Al Turah
Assistant Professor of Civil Law
College of Law - University of Kuwait
Legal Options Available to Commercial Contract Parties in the face of Coronavirus Pandemic … and the Judge’s Power to Restore the Economic Balance of the Contract
Dr. Fares Mohammed Al-Ajmi
Assistant Professor of Commercial Law
The Public Authority for Applied Education - Kuwait
The Crime of Causing Transmission of Communicable Diseases to Others: An Analytical Study of the Third item of Article (17) of Kuwaiti Law No. 8 of 1969 amended by Law No. 4 of 2020 with Health Precautions for the Prevention of Communicable Diseases
Mr. Hamad Faisal Abdullah Al-Kandari
Master’s in public law
KILAW
Emergency Measures to Combat the Covid-19 Pandemic and Public Freedoms
Prof. Yousef El-Beheiry
Professor of Public International Law
University of Cadi Ayyad, Marrakech - Morocco
The Legal Framework for Combating Coronavirus Pandemic in the Jordanian Legislation and International Conventions: A Comparative Study
Prof. Laith Kamal Nasrawin
Professor of Constitutional Law
Faculty of law - University of Jordan
The Best Chance for Survival and the Priority of Patient Rights during Health Crises … Coronavirus Pandemic as a Case Study: Analytical Study Under Civil Law
Prof. Mohamad S. Al Ahmad
Professor of Civil Law - University of Al Sulaymaniyah - Iraq
and Visiting Professor of Civil Law - University of Sharjah - UAE
Dr. Abdulkarim Saleh
Assistant Professor of Civil Law
University of Duhok - Iraq
Covid-19 Pandemic and its Impact on the Provisions of Procedural Laws: A Comparative Study
Prof. Yasser B. D. Sabawi
Professor of Evidence and Civil Procedure
College of Law - University of Mosul - Iraq
Some Forms of Legal Protection during the Covid-19 Pandemic
Prof. Yousef Obaidat
Professor of Civil Law - Faculty of Law
Yarmouk University - Jordan
Legal Analysis of the Covid-19 Crisis
Mr. Ahmad A. Hasan Aal Ali
Phd Researcher - College of Law, University of Sharjah, UAE
Prof. Saleh A. Al Luhaibi
Professor of Civil Law - College of Law, University of Sharjah, UAE
The Role of Administrative Control in Reducing the Spread of the Coronavirus Pandemic in Algeria
Dr. Ahsan Gharbi
Associate Professor (Lecturer “A”) - Public Law
Faculty of Law and Political Sciences
University of Skikda - Algeria
The Criminal Justice Response to the Covid-19 Pandemic in the Health Regulations of GCC Countries
Dr. Mohammad N. AL-fawareh
Associate Professor of Criminal Law
Faculty of Law - University of Jordan
Dr. Abdullah M. Ehjelah
Assistant Professor of Criminal Law
Faculty of Law - Yarmouk University
Legal Means of Coping with the Effects of the Emerging Covid-19 Pandemic on Contractual Relations: A Study of French and Lebanese Law
Dr. Ahmed Ishraqia
Associate Professor of Private Law
Faculty of Law and Political Science - Lebanese University
Covid-19 Pandemic’s Impact on the Execution of Contracts
Dr. Yassir Al iftaihat
Associate Professor of Private Law
Al Ghurair University - Dubai - UAE
English Studies and Research
A Stress-test for Democracy: Analysing the New Zealand Government’s Response to the COVID-19 Pandemic from a Constitutional Perspective
Dr Myra E.J.B. Williamson
BA - LLB Hons (First Class),
LLM Hons (First Class) - PhD
The Emergence of an Ethical Legal Framework Addressing Global Challenges to Right to Life and Health, in the Time of COVID-19 Pandemic: Some Concerns
Dr. Sharefah Almuhana
Assistant Professor of Public International Law
KILAW
Legal Challenges of E-commerce in Kuwait during the COVID-19 Pandemic
Hebah Nassar Alkhaldi
PhD Researcher
University of Leeds - UK