Chief-in-Editor  Prof. Badria A. Al-Awadi

Suddenly, the whole world was confronted by the spread of the deadly Corona virus, of which features and ways to address it were not yet clear, except from some limited preventive measures. And in a few weeks the matter turned into a global health crisis, exacerbated by the state of ambiguity, lack of transparency and recklessness of some administrative authorities and governments of different parts of the world.
After a state of silence and confusion, the World Health Organization announced the outbreak of the coronavirus – COVID-19, at the end of January 2020, classifying it as a “public health emergency of international concern”. Then, on March 11, 2020, it declared it as a global pandemic, and urged countries to unite and cooperate in confronting and limiting the spread of the virus. As an organization funded by nations in order to preserve international public health, develop health sectors and provide health assistance to societies and countries in need, WHO failed to provide a clear scientific description of the virus nor a framework for the production of vaccines and medicines.
Immediately after that, majority the world’s countries took the initiative to implement strict measures which ranged from closing borders, stopping flights, disrupting universities, schools, administrative and government facilities to others, in an effort to limit the spread of the virus and reduce the burden on the local health sector.
The initial weeks of this pandemic revealed great humane values ​​in many societies, with different communities coming together in solidarity, and volunteering to aid those disadvantaged. Furthermore, it has also displayed the strength of the health, social, legal and administrative infrastructures in organizing the response to the pressing challenges of the pandemic. However, the long duration and continuity of the pandemic’s spread has left a serious impact resulting in various legal problems in need of intervention and remedy.
On the legal side, the legislations that regulate ways to confront epidemics, disasters and diseases, such as the Kuwaiti Law No. 8 of 1969 regarding health reserves for the prevention of communicable diseases, laws and administrative control procedures, have provided possibilities for a smooth and rapid transition of government and administrative agencies from normal work to exceptional emergency work in the face of the COVID-19 pandemic. The legislative intervention of the National Assembly has also contributed to filling the deficiency related to organizing and extending the deadlines for litigation in emergency situations, as well as with regards to tightening penalties for those who deliberately spread epidemics and communicable diseases, and those who violate the rules and provisions of emergency health laws and procedures.
At the same time, the events of the pandemic in a large number of countries and societies has reflected a void of legislation in governmental and private institutions and agencies during emergencies. Additionally, it has highlighted the need, once again, for an effective legislative and administrative effort to establish a general authority to deal with emergency disasters, which mission includes preparing, planning, and mobilizing resources. The effectiveness and efficiency of such a general authority has been apparent in several countries with organized frameworks put in place for responding to emergencies. Most importantly, the legal needs are not limited to the above, but they include strengthening guarantees of the right to health, by developing and increasing the human and material resources of the health sector and approving the necessary legislation for this, as well as strengthening the right to obtain information related to the epidemic, policies, plans, and governmental procedures to confront it and its spread with complete transparency.
These legal requirements also include guaranteeing freedom of opinion and expression for citizens, and strengthening the right of regulatory bodies represented in parliaments to continue their work with legislation and oversight during the pandemic period, and not to disrupt their work for any reason based on the constitutional texts that ensure their continuity even in the event of emergency. This is especially pertinent as the executive authority in its various organs continues to work. There is no doubt that these requirements also include other constitutional rights such as the right to litigation and the right to return to the country and others, whose continuity must be guaranteed under all circumstances.
Most of these constitutional and legal rights have been subjected to serious challenges during the pandemic, and the response to them has varied in different countries and societies. For instance, democratic and legal countries have always been keen to uphold the law and rights, including guaranteeing and promoting the right to health and safety, while the matter differs in relation to other countries.
The value, quality and effectiveness of constitutional, legislative and regulatory texts and regulations, as well as policies, plans and administrative procedures do not appear until they are applied and put on the ground, especially in disaster and emergency situations, as is the case with the COVID-19 pandemic, which constitutes an opportunity for review, evaluation and avoiding shortcomings and defects.
This, in turn, places a responsibility on our shoulders as workers and researchers in the legal academic field to contribute to evaluation and reform in various fields. Therefore, the Kuwait International Law School Journal welcomes research and studies dealing with the effects of this pandemic.