Middle East
Middle EastAfghanistan
Bahrain
Iran
Iraq
Israel
Jordan
Kuwait
Oman
Palestine
Qatar
Saudi Arabia
Syria
United Arab Emirates
Middle East
Al Majed, Bashayer and Abdulaziz Al Majed, ‘Frustration v Imprévision, Why Frustration Is so “Frustrating”: The Lack of Flexibility in the English Doctrine’s Legal Consequence’ (2024) 45(1) Liverpool Law Review 25–48 Abstract: The COVID-19 pandemic and subsequent economic restrictions have placed many contractual parties under great strain to honour their agreements as contracts have become commercially impracticable and excessively onerous. This article explores the legal position in England, France and the Middle East under the doctrine of impossibility, impracticability and unforeseen circumstances. Strongly rooted in contractual autonomy and commercial certainty, this article argues that frustration in English common law is not sufficiently broad because the consequence (automatic discharge) is too rigid and does not allow a renegotiation of obligations. French civil law is more accommodating but only formally adopted imprévision in civil law in 2016, meaning it lacks traction. However, Middle Eastern civil law countries accept the doctrine as an integral part of their law and theory of justice, allowing obligations to be rebalanced in a more flexible manner. The English legal system should consider the advantages of a similar reform.
Elyas, Tariq et al, ‘Politicizing COVID-19 Lingua in Western and Arab Newspapers: A Critical Discourse Analysis’ (2023) 36(2) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 869–892 Abstract: COVID-19 has struck the world in an unprecedented way. Countries quickly tried to counter the rapid spread of the virus by imposing strict measures and national lockdowns. At the same time, some governments took advantage of the pandemic to besmirch their opponents. We utilize van Dijk (J Polit Ideol 11(2):115–140 2006) critical discourse analysis model to investigate how newspaper headlines reacted to COVID-19 from through ideological lenses. Results show that while the US implied that China is the origin of the virus, headlines in Arab newspapers showed that Saudi Arabia blamed travel to Iran for the early increases of COVID-19 cases.
Hasan, Hasan Falah, ‘Legal and Health Response to COVID-19 in the Arab Countries’ (2021) 14 Risk Management and Healthcare Policy 1141–1154 Abstract: Background: Arab countries account for almost 6% of the global population, yet they make up only 5% of the total cases and less than 3% of the global death toll attributed to COVID-19. COVID-19 has put the health systems in the various Arab Countries and their ability to deliver healthcare services under tremendous strain. The capacity and stability of any health system is important in any type of response to the pandemic, in order to ensure an effective and efficient delivery of care to the public through COVID-19 and beyond. The objective of this study is to identify the various response of health systems in Arab Countries to COVID-19, and highlight the legal and health challenges faced during the pandemic. The study identified both gaps and good practices that may be utilized in order to guide the efforts in response to COVID-19 and the recovery efforts once the pandemic is over. Methods: To determine why the response of some health systems in Arab Countries responses are more effective than others, a three-step framework is adopted which includes, detection, containment, and treatment stages. In order to identify which countries are excelling at detection, containment, and treatment stages, several indicators were selected for each stage. To be able to understand the legal and health challenges of response to the COVID-19 pandemic, an analysis of the health systems, the resources in terms of quality and access, health workforce, and finance was conducted. Secondary data published by the Global Burden of Disease Study, and the Global Change Data Lab of the University of Oxford was used to study identified gaps and good practices to guide the responses to COVID-19 and recovery efforts once the pandemic is over. Results: The epidemiologic record demonstrates that that certain Arab countries are managing to control the pandemic, through a combination of mitigation strategies, suppression strategy and elimination strategy. There are several barriers and challenges in Arab health systems which have been amplified due to COVID-19 and if ignored may pose a further significant challenge in the future. Health systems in Arab countries are not sufficiently equipped to handle all healthcare needs related to COVID-19, in particular issues relating to administration, equity, finances, the supply side of healthcare, and usage of information technology. Conclusion: In Arab counties, the standard response to COVID-19 was enforced by new health laws, which consist of a combination of the traditional disease control measures (testing, contact-tracing, social distancing), population-based physical distancing (including stay-at-home orders, school and business closures, and social gathering bans), travel limits (including travel bans, and border closures), and economic support measures. Acceptable healthcare quality and access, sufficient health workforce, and sufficient funds are the most imperative needs in the health system in Arab counties to provide a sustainable response to the COVID-19 pandemic. :
Kameel, Tariq, Ramzi Madi and Kawthar Kayed, ‘The Compulsory Licensing for Exploiting Patented COVID-19 Pharmaceutical Treatment: Legal Approaches of Some Arab Countries’ (2021) 40(2) Biotechnology Law Report (advance article, published 10 March 2020) Abstract: This article deals with exploitation of a pharmaceutical patent to treat the novel coronavirus. The laws of several Arab nations, which regulate industrial property rights in regard to the use of compulsory licensing for exploiting patented COVID-19 pharmaceutical treatments, are examined, compared, and contrasted. The cases in which such laws permit use of compulsory licensing are clarified, such as in the interest of national security and in emergencies. This article concludes that the COVID-19 pandemic has posed a serious threat to the public health of various countries which has justified the use of compulsory licensing to exploit new patents. A patent owner has the right to be granted appropriate compensation during exploitation, and the new compulsory license terminates once the purpose for which it has been given terminates. :
Lokhandwala, Zainab, ‘Environmental Law in the Middle East and North Africa’ [2020] Opinio Juris in Comparatione (pre-print) Abstract: This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (MENA) region against the backdrop of two themes: climate action and human rights. In the climate context, the renewable energy sector will certainly suffer in the immediate aftermath of Covid 19. At the same time, globally, renewables have shown more resilience than fossil fuels during this crisis, which may lead to increased investments in the long-term. Nevertheless, pre-Covid commitments and estimated future gains (if any) in renewables were not enough for combating climate change. The trajectory of regional climate action was slow and inadequate to begin with, and it is likely to suffer even further, owing to economic slowdown and relief measures that will pull resources away from climate action. In the human rights context, the Covid 19 crisis has led to increased authoritarianism and has added a new layer to existing human rights and humanitarian issues. As political stability is a prerequisite for the growth and execution of environmental law, public discontent against governments will only delay and detract the environmental agenda. Overall, these two legs of analysis show how the pandemic has led to a retraction of environmental law. Coming out of the crisis, there are many lessons to be learnt. Interdisciplinary approaches that draw a human-ecological-health nexus may offer solutions in the Middle East as in the world. The Berlin Principles 2019 are a positive step in this direction which could pave the way for more ecosystemic and holistic environmental legal development.
Afghanistan
Hashimy, Sayed Qudrat, ‘Impact of COVID-19 on the Trade in Afghanistan’ (SSRN Scholarly Paper No ID 3984854, 14 December 2021) Abstract: Today Afghanistan faces different uncertainties and difficulties. Heavy burden is imposed by COVID-19 which has brought about decline in the economy, public finances and investments. Revenues have been significantly lost because of lockdown measures which prompted closing of trade avenues within the country and the borders. The study hence attempts to understand the impact of COVID-19 on the trade in Afghanistan. The study found decline in trade caused by closure of borders along with diminished imports and exports. The crisis brought about by the pandemic prompted decline in overall Economic Growth in Afghanistan.
Bahrain
Al-Qatawneh, Ibrahim Suleiman, Aliaa Zakaria and Jamal Barafi, ‘Healthcare for Prisoners in Penitentiary Establishments during COVID-19: A Comparative Study between National Legislation and International Covenants’ (2024) 10(1) International Journal of Public Law and Policy 1–16 Abstract: This study examined the prisoner’s right to healthcare in penal facilities during health crises in three Arabic countries, namely the UAE, Jordan, and Bahrain. The study is rare in that it also deals with prisoner healthcare during a pandemic. The study considers the key international rules and standards governing prisoner healthcare and its development over the past 60 years, regarding the obligations of states and the rights of the prisoner and the constitutions of the study countries, their national legislations, and the measures taken to confront COVID-19, to identify the extent of their adequacy and effectiveness and compatibility with key international standards. Despite numerous measures being taken to protect the health of prisoners and the enactment of international and national legislations, at the time of writing, the pandemic is still uncontrolled; therefore, the study finds that exceptional measures continue to be required.
Bani-issa, Husein, ‘The Criminal Liability for the Transmission of the Novel COVID-19 to Others in Accordance with the Bahraini Legislation (Analytical Study)’ (2021) 12(13) Turkish Journal of Computer and Mathematics Education (TURCOMAT) 1019–1030 Abstract: Since appearance of the new Corona virus (Covid-19) in China, then its spread in Bahrain and all over the world at the beginning of 2020, the Kingdom of Bahrain has faced the pandemic with strict measures, including imposing restrictions on travel, commercial exchanges, closing public places and places of worship. The study aims to identify the punitive confrontation withthe spread of epidemics such as the Corona virus in light of the effective Bahraini legislation. Also, adapting the crimes resulting from the transmission of the Corona virus intentional and non-intentional, furthermore sufficiency in providing influential punitive protection for society and individuals, especially in light of the seriousness of this virus and the impact of its spread on all aspects of health life, economic, social and others. :
Hubail, Fatema, ‘In the Shadow of the Law: Bahraini Women’s Realities within the Covid-19 Pandemic’ (2022) 3(2) Amicus Curiae, Series 2 218–250 Abstract: With the emergence of the Covid-19 global pandemic, the questions of gender and sect have been reintroduced in Bahraini media as examples, spectacles and objects of critique. The pandemic does not only carry a health risk, but it has also become a means of social-conditioning, surveillance and the reification of difference for Bahrainis. In the cases of Ania and Fatima, the pandemic was a time that defined key moments in their lives: their ability to name and shame their abusers online. However, as these women bravely shared their stories, they were confronted by social and cultural forces that attempted to silence them. Although these two testimonies are not representative of all women’s experiences in Bahrain, they shed light on the various legal, familial and social structures that affect women’s lived experiences. This research will further explore the legal and social silencing of women’s lived experiences through the lens of the Covid-19 pandemic. This research aspires to carve an academic space that brings some justice to these women, by sharing their experiences in light of the emerging sociopolitical, sociolegal and cultural contexts of their society. In this research, I answer the following questions: (1) to what extent does Law No 19 of 2017 on the Family Law (also known as the Unified Family Law of 2017) perpetuate silencing on the grounds of gender and sect throughout the pandemic in Bahrain? And (2) to what extent has the Covid-19 pandemic amplified the expectations ascribed to women on the grounds of gender and sect in Bahrain? The focus on the Unified Bahraini Family Law of 2017 is vital to understanding the social expectations that frame women’s lived experiences in Bahrain. It complicates the lives of women, as the state imagines unification, but the reality suggests that women are found at the intersection of gender, sect, structures of kin, trauma and, lastly, the sociopolitical implications of the Covid-19 pandemic. :
Jaradat, Nashat Mahmoud, ‘The Economic Impact of the Covid-19 Pandemic Related to Bahrain’s Bankruptcy Law’ (2021) 12(13) Turkish Journal of Computer and Mathematics Education (TURCOMAT) 926–942 Abstract: The purpose of this paper is to address the concerns relating to the economic impact of the Covid-19 Pandemic in the Kingdom of Bahrain by observing the preventive measures taken by the government to ensure minimal economic deterrence. Furthermore, the paper shall also address the role and the position of the Reorganization and Bankruptcy Law no. (22) 2018 of Bahrain in light of the economic duress faced by the businesses in Bahrain and the role played by the government and financial institutions in resolving matters relating to bankruptcy that would be more prevalent due to the Covid-19 Pandemic. The importance of the research is highlighted by highlighting the economic impact and the mechanism of bankruptcy procedures followed in Bahrain, especially in light of the global economic crisis it is facing due to the Covid-19 pandemic. The study aims to clarify the laws related to bankruptcy with a study of the current situation in Bahrain. As there is no previous study regarding the economic effects on the movement of trade in the Kingdom of Bahrain in light of the Corona pandemic and the role of bankruptcy law in that. It was also clarified through this study to the close relationship between local legislation and international legislation and agreements related to this subject.
Perri, Asia, ‘Did the Socio-Legal Status of Migrant Workers in Bahrain Exacerbate the Health Impact of the Covid-19 Pandemic?’ [no publication information provided]
Abstract: This text analyses how the legal and socio-economic status of migrant workers in Bahrain shaped aspects of their health outcomes amidst the Covid-19 pandemic. Through criteria including their mental, physical and financial well being, even if the pandemic has been an exceptional occurrence, this report will conclude that the Government of Bahrain (GoB) must re-evaluate the construct and operation of the sponsorship (Kefala) system in order to enable migrant workers to be more resilient and better able to protect - or have access to means to protect - themselves. Such measures will enable the GoB to adhere to international best practice and standards in respect to its treatment of migrant workers.
Iran
Abdolahian, Omid and Mohsen Najafikhah, ‘Study of Changes in Company Law in the Coronavirus Pandemic From the Perspective of Theoretical and Legal Basis’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: The coronavirus pandemic experience showed that in pandemics and similar conditions, such as the spread of Infection, contamination or radiation which presents or could present significant harm to human health, it is difficult to enforce certain legal obligations governing companies. Agile legal systems quickly responded to these situations by changing their legal provisions and adapting to conditions. In this article, by comparative study of Iran and England laws and regulations, the theoretical foundations, legal basis and limits of state’s intervention in Company law in Coronavirus Pandemic are examined. This study shows that in coronavirus pandemic. In order to protect the public interest, UK government has adopted the approach of rapid and extensive intervention in the field of corporate law. Concession theory, more than other theoretical foundations of Corporate Law, justifies the theoretical basis of this vast and rapid state intervention and Public Health (Control of Disease) Act 1984 provided the legal basis for this intervention. Among the existing legal capacities, Iran’s legal system has used the capacity of Article 176 of the Constitution to respond quickly to public health threats in the Coronavirus Pandemic. But state intervention in Iran’s Corporate Law has been more limited.
Aghaei Togh, Moslem, ‘Constitutional Law Requirements for Dealing with Emergency Situations with Emphasis on Covid 19’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: Although laws and regulations in all legal systems are typically formulated, enacted, and promulgated for ordinary situations, sometimes situations arise for political systems that endanger the life of society. To manage these dangerous situations, there are various tools in political systems, one of which is to declare a state of emergency. In such cases, restrictions on fundamental rights and freedoms, including the right of movement, the right to employment and the freedom of the media, are imposed. Given that the fundamental rights and freedoms of the people are restricted in a state of emergency, it is imperative that governments adhere to a set of formal and substantive rules so that this situation does not lead to a fundamental violation of fundamental rights and freedoms. With the spread of Covid 19 disease around the world, some countries have declared a health emergency in order to deal with the disease. In Iran, although the capacities of Article 79 of the Constitution were not formally used and a state of emergency was not declared, the use of Article 176 of the Constitution imposed restrictions on some rights and freedoms. An examination of the process of applying these restrictions in Iran shows that the formal and substantive requirements for emergency situations have been met to a large extent.
Aghamohammadi, Akram and Bizhan Hajiazizi, ‘The Legal Aspects of the COVID-19 Vaccine Produced Based on Genetic Modification (Approach of the Legal Systems of the United States of America, the European Union and Iran)’ (2022) 0 Public Law Studies Quarterly (advance article, published online 18 June 2022 Abstract: The spread of COVID-19 disease has now become the biggest health crisis worldwide. Biotechnology research companies have begun a new era in overcoming the disease by using genetic modification techniques. The findings of the present study, which was performed by descriptive-analytical method, indicate that the COVID-19 vaccine based on genetic modification technology faces two main challenges: First, the relatively strict approach regulation to genetically modified organisms that exists to protect the environment and human health, and compliance with these requirements may make the vaccine production process a lengthy evaluation process. Second, companies active in this field seek legal protection for their intellectual achievements: Critics of intellectual property protection, however, believe that this type of protection of the COVID vaccine could potentially affect accessibility and cost-effectiveness. In the legal system of the European Union and the America, special legal actions are prescribed to exit the above challenges. However, due to the emergency situation caused by the spread of the disease in the Iranian legal system, we still face Legal vacuum.
Darian, Marzieh Tofighi, ‘Iran’s COVID-19 Response: Who Calls the Shots?’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 349 Abstract: This chapter examines the response to the COVID-19 crisis in Iran and seeks to understand how the institutional arrangements created fit within the existing constitutional system. It also asks what future impact they might have on constitutional rights and relations between different branches of government. The chapter traces the options available under the Iranian Constitution to face such a crisis and analyses the constitutional path chosen for the establishment of the National Headquarters to Combat Corona (NHCC), as well as its impact on the power dynamic between different constitutional actors. It also reviews the legal grounds and the scope of NHCC decision-making power, and the potential for its overreach. It concludes that the institutional design created in response to the pandemic has exposed the structural defects and limits of Iran’s constitutional system, especially with respect to the division of power between the executive branch and the Supreme Leader on the one hand, and Parliament and other specialised constitutional councils on the other. The lack of judicial and legislative oversight over NHCC decisions exposes the dangers of this institutional scheme.
Faryadi, Masoud and Morteza Nejabatkhah, ‘Challenges of Administrative Law in Managing Health Emergencies’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: The Covid-19 virus epidemic in the country created a special emergency situation that affected all health, economic and social sectors. Public affairs management in health emergencies requires special administrative laws and regulations, and for this reason, the administrative law of the country should have taken precautionary measures to establish necessary mechanisms to manage these affairs in these circumstances. Although public health management is a category of health administrative police, however, Iran’s administrative law has several legal gaps in this area; such as the lack of a comprehensive public health management law, ambiguity in the legal system governing emergencies, lack of a specialized council in the field of coordination of public health management, fragmentation and organizational parallelism, ambiguity in standards of the public service delivery, lack of mechanisms to anticipate and prepare for future health crises. Therefore, reforms in the administrative legal system and the development of health administrative law are necessary for the proper management of health crises.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU). :
Hajizadeh, Nazanin, ‘Coronavirus and Its Effect on Prisons and Prisoners’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: As a result of the Covid-19 pandemic and catastrophic effects of it on different aspects of human life, including national health and security and personal and social wellbeing of people, there must be special consideration to the criminal proceedings and the situation of the prisons and the prisoners. There have been some initiative in the form of regulations and bylaws to manage the special conditions created by judicial authorities and correction system to materialize the social distancing requirements in prisons. On the other hand, this disease and its fast spread created many chances for development of Iranian judiciary system along with the developed countries. Some of the measures taken in this era are included in an executive order called “organization and moderation of prisons’ population” and some other initiatives like maximizing the use of parole and probation, alternative punishments and electronic proceedings. There have been also challenges and deficiencies in our legal system which are related to this pandemic and must be considered carefully. In this paper, analysis has been made about the effect of covid-19 pandemic on prisons and prisoners and challenges and opportunities created by it in this field.
Jafari, Ahmad, Hamid Abhari and Sam Mohammadi, ‘A Comparative Study of Civil Responsibility of Government towards Users the Covid 19 Vaccine in Iran and US Law’ (2023) Comparative Law Review (forthcoming) Abstract: Corona virus or Covid-19 is a disease which affected most of the countries for many year such as Iran and America and caused lots of difficulties and suffering for governments and people. Now days one of the important matters regarding the civil responsibilities of the government is transmission and spread of Corona virus among people. Due to that the aim of this project is to comparatively analysis the conditions of the civil responsibility of government towards the use of Covid-19 vaccination and methods of compensation in the Iranian and US Law system. Writer of this article tried to refer to the subject by sticking to descriptive-analytic method to explain the adaptation of the civil liability of legal system of Iran and America and find out the differences between them. Results obtained from this research show the government responsibility plan regarding this epidemic disease. It means the action or decision by the authorities can lead the responsibility of the government. Also, in US Law system to compensate the lost and damages caused by this covid-19 vaccination the compensation fund and civil responsibility insurance to compensate this case is established. And other achievements are that the government's exemption from non-judgment damages is exceptional and the main principles of the necessity require compensating unjust loss. The government can only cite it when it is sure that it has legal documentations.
Malakooti, Rasool, ‘The Effect of Coronavirus on the Civil Liability of the Committed’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: The effect of coronavirus on the civil liability of the committed. The early days of 2020 coincided with a deadly virus outbreak called corona that swept through the world one after another. Although medical science is at odds with it for a moment, the effects that this unknown virus has left or will have on all human beings are also innovations that other disciplines must take action to determine. One of these issues is the consequences of not having or delaying the implementation of obligations due to reduced traffic and closure of centers or communities. In this article, while identifying the legal nature of this disease, it is tried to examine whether this nature applies to the concept of exemption of the Cairo force or not. Finally, the government’s civil liability for compensation for civilian and financial losses to citizens has been assessed.
Meybodi, Seyed Mostafa Mirmohamadi and Nasrollah Jafari, ‘Legal Principles and Strategies to Encourage Citizens to Get Vaccinated against COVID-19 Virus’ [2024] Journal of Community Health Research_ _Abstract: Following the outbreak of COVID-19 pandemic, in some countries, mandatory vaccination programs were put to practice. However, there were widespread opposition against vaccination, which is investigated in this research. With the emergence of corona virus in the world and the need to end this dangerous pandemic, various countries, including Iran’s legal system, decided to implement ‘compulsory vaccination’ mechanisms. The findings of this study indicated that the government from the perspective of various schools (even the school of individual originality) was not only allowed to legislate rules to make vaccination obligatory, but also it was expected to enact appropriate laws to create public safety. According to the principles of Islamic jurisprudence and law, including the priority of collective interests over the individual, the rule of no harm, and the authority of the Supreme Leader, the government is not only authorized but also obliged to enact laws for making vaccination obligatory.
Mirkamali, Seyed Alireza, ‘The Effect of Covid19 Virus on Criminal Proceedings; Opportunities and Challenges’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: In substantive and formal criminal law, especially criminal procedure, the purpose of the legislator in legislating and approving new regulations, taking into account the new conditions, is to facilitate matters in the criminal process; In such a way that the rights of the litigants are respected. Of course, in this regard, according to legal principles, the legislator pays special attention to the accused to protect his rights. At present, in view of the widespread epidemic of the Covid 2019 virus and its dangers to public safety and the personal and social health of citizens, it is necessary to plan and organize in order to prevent compatriots from contracting the virus. Therefore, it is the duty of all forces and executive bodies to take the necessary and appropriate measures in this regard. The outbreak of the virus and the public's concern about it have had a profound effect on the criminal proceedings, as well as the way litigants appear in the judiciary and pursue their cases. To this end, the judiciary, judicial officials and managers have considered measures in criminal proceedings and issued special sections and instructions. Such as the circular issued by the First Deputy of the Judiciary to all judicial and administrative units of the Judiciary in order to postpone the trial until the end of April 2020.
Mirshekaei, Abbas and Fateme Sadat Hosseini, ‘The Civil Liability of Harmful Person in Infection of Corona Virus’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: In this Article, we try to explain the civil liability in corona virus cases and also review the factors like the injured person’s previous status which can eliminate the liability.
Mohseni, Hassan, ‘Emergency Model of Civil Procedure in Corona Virus Pandemic’ [2022] Journal of Law Research (advance article, published online 5 July 2022) Abstract: The emergency civil litigation model is a temporary, critical, rapid and optimal model. To achieve this, the management of the corona crisis in the judiciary must remove some of the ambiguities that arise as a result of understanding the principles of the Constitution and the inherent duties of the judiciary. The principle of the permanence of the judiciary is not incompatible with the temporary closure and suspension of the nature of judicial action and the development of electronic and virtual devices. The Iranian judiciary must use the teachings of the world involved in the corona to rethink some rules and procedures of the court and prepare itself for the post-coronary world and the development of an speedy, low-cost, fast and virtual procedure.
Mozafari, Khadijeh, ‘Effects of Covid Epidemic on Family Regulations’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: The prevalence of Covid 19 has affected all social and individual activities. It is obvious that the consequences of this pandemic have also spread to the family as a social and legal institution. Especially with the prolongation of the disease, in addition to economic effects, its legal effects can also be observed. Restrictions on preventing the spread of the disease can affect the rights and responsibilities of the family members. In these circumstances, it is necessary to identify the legal foundations that lead to changes in these rights and obligations. It seems that principals such as harmlessness (LaZarar), urgency (Ezterar) difficulty and embarrassment and avoid possible harm can help the Iranian legal system to find a suitable basis for adopting legal solutions in the family. After that, one can comment on each of the couple’s or parents’ responsibilities. Issues such as marital duties of the couple, meeting with the child, cohabitation of the couple, etc.in the event of an epidemic of a contagious disease, may be governed by different rules which can be clarified by using legal principles.
Naeimi, Emran, ‘The Effects of Covid-19 Disease on Social Security Funds (Comparative Study)’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: With the spread of the coronavirus disease, the states for managing its economic and social effects have implemented support social packages. Among the social packages provided by governments to support workers, employers and production were social security incentives. Insurance exemptions, reducing employer and worker contributions, deferring premiums, paying unemployment benefits, paying sick benefits or paying financial aid were some of the incentives that social security organizations in the corona crisis have paid. However, in some countries the use of these support packages is subject to non-dismissal workers. In the Iranian legal system, the protection of individuals in times of social, economic and natural crisis according to the Act of Structure of the Comprehensive System of Welfare and Social Security approved on 21/2/2004 is the duty of the government. Iranian Social Security organization, as one of the largest social insurance institutions in Iran, implemented policies and programs adopted by the government and other decision-making institutions. Part of this policy was economic support such as paying unemployment benefit or delaying the payment of premiums. Some other policies were adopted in the form of treatment measures for the treatment of coronary heart disease in the organization’s hospitals. However, all of these measures have incurred heavy costs for the Social Security Administration, and it is therefore necessary for the government to reimburse a significant portion of these costs. This article explains the policies and actions of social security organizations in different countries during the Corona crisis.
Rostami, Vali and Hamid Ghahvechian, ‘An Analytical Exploration of the Legal Dimensions Governing the Financial Measures of the Government (Sovereignty) in Times of Crisis with Emphasis on the Covid-19 Pandemic’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: Abstract: The spread of Covid 19 in the world has created opportunities to re-defend the theory of government and authority in social life, and yet the role and function of government varies according to the quality of social life and its actions will create financial burden. In this article, the legal aspects of government financial measures in times of crisis have been examined with emphasis on the Covid pandemic. Explaining and analyzing the legal aspects governing government actions requires pursuing this issue in constitutional law and public finance law, and choosing different scenarios in this regard (especially according to the theory of “necessity”) will have a different response in establishing laws and regulations. Also in this article, two general and exceptional systems governing government expenditures have been examined due to the occurrence of the crisis.
Sadeghi, Hossen and Mahdi Naser, ‘Corona Effects on Business Performance and Providing a Technological Model to Meet Its Challenges’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: The widespread spread of the corona virus has created many problems for businesses and startups. The spread of the virus has led to a sharp decline in demand for goods and services from businesses and has created many financial problems for these institutions. Challenges for businesses in the distribution and supply chains and the imposition of personnel costs, government, etc. On the one hand and increasing the willingness of society to buy their items from electronic environments leads to the growth of businesses' tendency to sell and supply products. In electronic environments. But despite preventing the spread of the virus, the new mechanism still faces challenges from financing businesses and supply chain problems, as well as new challenges such as transparency and security of exchanges. The solution presented in this field is to provide fintech loans by credit companies and do business in decentralized platforms. Of course, implementing the stated solution will require some legislative and executive policies.
Shahi, Mohammad Sharif, ‘The Impact of Covid-19 on Employment Relations in Iran’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: Employment Relations, like other areas of human life, are affected by natural disasters and social, economic, and political necessities. In an efficient legal system, following the various emerging situations, it is possible to apply measures that can meet the event's needs based on legal and possibly contractual provisions. The covid-19 pandemic can be considered a natural and, of course, not very predictable event that affected various aspects of the country's political, social, and economic life. This epidemic in Employment Relations has a severe and destructive effect, such as the forced reduction of working hours and the disappearance of job opportunities. Under a descriptive approach, this report first deals with the legal analysis of the Covid-19 pandemic and its impact on the employment relationship. Then, according to the potential of the Iranian legal system, including the situations provided in the labor law and social security law, the solutions and legal necessities governing this situation will be provided according to the different related parties, including the government, employees, and employers. In addition, the rights and duties of each will be Explained.
Sheikhi, Mohammad and Nima Norouzi, ‘Legal Review of the Government’s Responsibility in Compensating for the Damage Caused by the COVID-19 Crisis’ in Cristina Raluca Gh Popescu (ed), Handbook of Research on Changing Dynamics in Responsible and Sustainable Business in the Post-COVID-19 Era (IGA Global, 2022) 193–205 Abstract: The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government’s legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran’s current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.
Yazdanian, Alireza, ‘Reflection on the Government’s Civil Liability for Damages Caused by the Corona Virus In Iranian and French Law’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: If the developments in civil liability law and the emergence of new damages are studied, it is not unlikely to be said that any damages were not as extensive as those caused by Corona or Covid 19. One of the issues that can be considered in this regard is the government’s responsibility in this epidemic. That is, the performance or taking of a neutral position by the authorities can lead to the responsibility of the government. If the government violates its obligations regarding epidemics, especially when the government violates the “right to information” of the citizens, or does not report, or reports late, or gives bad news, and this helps to ignite the inflammation caused by the disease, from a legal point of view, the responsibility of the government can be raised. If until yesterday the responsibility of the government in such diseases was considered an idea, the spread of the corona virus and especially the performance of some governments made it a necessity. The French doctrine is a great example of recognizing responsibility for government, which will be studied in a comparative way in this article.
Iraq
Othman, Arez Mohammed Sediq, ‘Tort Liability Resulted from Negligence in Infectious Diseases under the Iraqi Legal System: Coronavirus (COVID-19) as an Example’ (2021) 5(1) The Scientific Journal of Cihan University– Sulaimaniya 114–133 Abstract: Despite the fact that the issue of Coronavirus pandemic is quite new to Iraq and the emergency response of public authorities might be inefficient in many ways, the application of legal rules is vital to prevent further spread of the virus and to provide a legal basis for compensation based on a tort liability of the infected patient toward others. States are undergone difficult circumstances and crises but priority will remain for the rule of law and public well-being should always be prevailed. Given the fact that public authorities are in a state of shock and trial procedures against the infected patient who transmit the disease to other might be challenging or even inadmissible at this stage, the paper argues that in response to the widespread suffering and death that Coronavirus has caused to many, the court should allow the victim to held the person who transmitted the disease responsible with tort liability and be able to seek fair compensation. Further, it would also argue that awareness raising is not the only solution to prevent the spread of the virus, infected patients shall be held responsible as a way to enhance precaution mechanisms. The paper will focus on tort liability of the infected negligent person in case he or she transmit the virus to others and caused physical or moral injuries under the Iraqi legal system.
Alhawezy, Rebaz A Bakir, ‘The Fate of Contractual Obligations Amidst COVID-19 An Analytical Legal Study’ (2022) 3(2) Polytechnic Journal of Humanities and Social Sciences 171–179 Abstract: The Covid-19 crisis, known as Corona, has a negative effect on contractual obligations at the national and international levels. Many problems have occurred in the world after Corona various invaded countries of the world. Which necessitated studying it and coming up with a jurisprudential legal opinion about the problems that occurred in the contracts concluded before Covid-19, whose implementation postponed until his time. This research comes to answer a set of questions that concerns the legal problems of developments in contractual obligations in the time of Covid-19 that make contractual obligations negatively affected by Covid-19. The scientific material for this study divided into two chapter. The first chapter was devoted to the definition of COVID-19 and its legal framework. The second chapter deals with the consequences of COVID-19 along with jurisprudential-legal opinions about the problems that occurred, and the research followed by mentioning the most important outcomes and recommendations.
Ali, Younis Salahuddin, ‘The Civil Liability from Medical Negligence of Doctors Treating Complications of Coronavirus in the English Law / A Comparative Study with the Iraqi Civil Law’ (2023) 6(1) International Journal of Law and Society 1-9 Abstract: The Author has tried hard in this study to make a logic comparison between two different legal systems. That is to say the English common law, considered the leading system among other Anglo-American ones. And the Iraqi civil law highly affected and influenced by both the Islamic jurisprudence and the Egyptian civil law. It is worth-bearing in mind that the English common law includes many types of torts and the civil liability arising from them, including the tort of negligence in general. The general principles applied to which, can also be applied to medical negligence in particular. After the wide-spread dissemination of the coronavirus the British national health services organ (NHS) has given the cases of the doctor’s treating the complications of this pandemic an ultimate importance. And the English courts based the civil liability arising from the medical negligence on three basic elements: the duty of care taken by doctors, the breach of this duty, and the damage suffered by patients. As well as the causation or the causal link between the tort of negligence and the damage or injury. Whereas the Iraqi civil law No. (40) of 1951 deals with the problems related to the civil liability arising from medical negligence of treating patients from coronavirus pandemic, by resorting to the general rules of the civil liability from the illegal act, which is based upon three basic elements: the trespass or transgression committed by the wrongdoer, the damage suffered by the victim and the causal link between them. As opposite to the Egyptian civil law No. (131) of 1948, which considers the first element of this liability as the fault rather than the trespass or transgression. After discussing the attitudes adopted by both the English and Iraqi laws, the author recommends that the Iraqi legislator should adopt the attitude taken by the English law, and let the Act of God deny both the fault element and the causation element of the civil liability arising from medical negligence. And also let the plea volenti non fit injuria deny both the fault element and the causation element of the civil liability of the defendant doctor arising from medical negligence.
Israel
Akirav, Osnat and Ittai Bar-Siman-Tov, ‘The Knesset in the Pandemic: A Parliament Amid Weak Institutional Settings and Overlapping Crises’ (SSRN Scholarly Paper No 4891017, 10 July 2024) Abstract: Covid-19 challenged parliaments around the globe, and each legislature, with its unique characteristics, institutional and political settings, history and culture, addressed the challenge in its own way. This chapter depicts the story of the Israeli parliament (the Knesset), during the pandemic, against its unique settings: a weak parliament operating in the midst of a pre-existing political crisis, which was coupled with the Covid-19 crisis, and eventually developed into four overlapping crises. Section 1 provides the institutional setting, characterized by a weak parliament, a strong executive and an independent judiciary. Section 2 describes the four overlapping crises and four overlapping emergency regimes. Against this backdrop, section 3 depicts the Knesset’s operation and its performance in its lawmaking and oversight roles, during the pandemic. Section 4 concludes. This chapter aims to contribute to both the general scholarship about the strength and performance of parliaments and to the specific body of scholarship about legislatures in emergencies and pandemics.
Amit, Moran et al, ‘Mass-Surveillance Technologies to Fight Coronavirus Spread: The Case of Israel’ (2020) 26(8) Nature Medicine 1167–1169 Abstract: As the COVID-19 pandemic escalates, teams around the world are now advocating for a new approach to monitoring transmission: tapping into cellphone location data to track infection spread and warn people who may have been exposed. Here we present data collected in Israel through this approach so far and discuss the privacy concerns, alternatives and different ‘flavors’ of cellphone surveillance. We also propose safeguards needed to minimize the risk for civil rights. :
Bar-Siman-Tov, Ittai, Itay Cohen and Chani Koth, ‘The Changing Role of Judicial Review During Prolonged Emergencies: The Israeli Supreme Court During COVID-19’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 271–278 Abstract: This paper explores the role of the Israeli Supreme Court in exercising judicial review of COVID-19 control measures. It argues that the Court exhibited changes in its review methods and an adaptation of its role (and its demands from the other branches of government) throughout this prolong crisis. At the first stage, the Court focused on protecting institutional democratic safeguards, while exercising judicial restraint and greater deference than usual in its substantive review of the content of COVID-19 measures. The second stage, as time has passed, was characterized by greater judicial intervention, and growing propensity to hold COVID-19 measures unconstitutional, based on a combination of stricter substantive judicial review and an increased demand for an evidentiary and scientific basis to justify infringement of rights. The Israeli case therefore demonstrates the question of the changing role of judicial review in general (and of evidence-based judicial review in particular) during prolonged emergencies. :
Bar-Siman-Tov, Ittai et al, ‘Sunsets and Emergencies: Temporary Covid Laws in Israel’ (SSRN Scholarly Paper No 4782954, 3 April 2024) Abstract: This study explores the relationship between temporary legislation – statutes enacted for a limited time and are set to expire unless their validity is actively extended – and emergencies, focusing on a study of temporary legislation during COVID-19 in Israel. It offers both an empirical analysis – examining whether and how the use of temporary legislation changed during the pandemic – and a normative evaluation of this use. The study additionally empirically investigates temporary legislation’s political function of facilitating the passage of bills, examining whether temporary legislation exhibits higher passage rates and faster legislative processes compared to permanent legislation.
Billauer, Barbara Pfeffer, ‘Religious Freedom vs. Compelled Vaccination: A Case-Study of the 2018-2019 Measles Pandemic or the Law as a Public Health Response’ (2022) 71(2) Catholic University Law Review 277–344 Abstract: Following the recent decision in Roman Catholic Diocese v. Cuomo, clear guidance regarding the state’s powers to act during a pandemic is wanting. I look here to the 2018–2019 global measles epidemic, with a focus on the New York and Israeli experiences, for that guidance. Measles rates increased dramatically during the 2018–2019 season, both in the United States and globally. This phenomenon reflects a general decline in worldwide vaccination and an increase in vaccine resistance stoked by anti-vax groups. In the United States, the epidemic targeted ultra-Orthodox Jewish communities, as it did in Israel. This Article evaluates the legal response to vaccination in the two countries, and between two neighboring ultra-Orthodox localities in New York. The research demonstrates the efficacy of differing legal responses, a novel approach to empirically assessing the impact of legal intervention. In so doing, the Article demonstrates the power of the law to help quash epidemics, demonstrating its use as a public health tool. The Article also reaffirms the constitutionality of protecting public health via governmental measures that might trespass on individual rights, such as mandating vaccination. I also discuss legal challenges mounted by the anti-vax community. Finally, and critically, this Article demonstrates the importance of lawyers being knowledgeable with epidemiological terms and principles when mounting defenses to governmental initiatives.
Cahane, Amir, ‘Israel’s SIGINT Oversight Ecosystem: COVID-19 Secret Location Tracking as a Test Case’ (2021) 19(2) The University of New Hampshire Law Review 451–490 Abstract: By mid-March 2020, Israel had experienced the first wave of the COVID-19 pandemic. Within a fortnight, confirmed coronavirus cases surged from half a dozen to 178 cases. In response to the challenge of identifying potential carriers, the government tasked the Israeli Security Agency (the ISA, or Shin Bet) with tracing the routes of confirmed coronavirus patients via cellphone location tracking and identifying individuals with whom the patients had been in close contact. Israel’s ISA communications metadata collection measures have been shrouded in veil of secrecy. The debate – in parliament and in court – regarding the use of the country’s secret service counterterrorism mass surveillance measures to contain the spread of the pandemic is a rare opportunity to assess whether the institutional oversight mechanisms on SIGINT collection activities are sufficient and effective. The paper will (1) describe the existing SIGINT oversight regime in Israel; (2) describe the SIGINT oversight ecosystem’s response to COVID-19 location tracking in Israel; and, (3) in light of existing literature, provide an analysis of that response. :
Cooper, Levi, ‘Pandemics in the Promised Land: The Hasidic Experience’ (2020) 33 Australian Journal of Jewish Studies 5–26 Abstract: This study recounts how in 1786 a community in the Ottoman Empire faced a pandemic. This community, a group of Hasidim from Eastern Europe, had arrived in the Land of Israel in 1777, significantly boosting the local Jewish population. The outbreak created hardships for the fledgling community, which was forced to make decisions in its bid to survive. As an addendum to the account, I reproduce annotated primary text: A Hebrew letter written after the pandemic had subsided. The current COVID-19 pandemic forms the backdrop for the study, adding a layer of relevance and meaning to this historic episode.
da Costa, Karen and Shlomit Zuckerman, ‘Human Rights and Ethics in the Management of the Covid-19 Pandemic: The Experiences of Brazil and Israel’ in Dónal O’Mathúna and Veselin Mitrović (eds), Disaster Construction and Reconstruction: Lessons from Covid-19 for Ethics, Politics and Law (Institute of Social Sciences, 2024) Abstract: This paper examines Brazil and Israel’s responses to the COVID-19 pandemic, focusing on human rights and ethical issues. Through documental analysis, utilizing primary sources such as official reports and regulations, as well as secondary sources, especially academic literature, the research explores how these nations addressed the pandemic with respect to human rights and ethical conduct. In Brazil, a convergence of health emergencies and governance crises contributed to a heightened death toll, emphasizing the need to learn from past mistakes, enhance healthcare systems, and eliminate discriminatory policies against vulnerable groups. The shift in rhetoric under President Lula’s new government since January 2023 reflects a more human rights-friendly approach, prioritizing dialogue and incorporating lessons from the pandemic. In contrast, Israel faces a trajectory marked by a right-wing government’s proposed judicial reform, challenging democratic principles and sparking a constitutional crisis. Public protests, especially from healthcare professionals, criticize the reform for potentially undermining human rights, notably the right to health, through unchecked decisions that neglect health implications, disproportionately affecting vulnerable groups. Beyond these cases, the paper underscores the global impact of COVID-19, emphasizing the interconnectedness of humanity. While countries experienced the disease differently, the collective response necessitates global cooperation for effective pandemic management. The study concludes that despite diverse individual experiences, global collaboration is vital for addressing future pandemics, offering valuable insights into the intricate relationship between pandemic management, human rights, and ethical considerations, with implications for future public health crises.
Feldman, Naomi and Ori Heffetz, ‘A Grant to Every Citizen: Survey Evidence of the Impact of a Direct Government Payment in Israel’ (2022) 75(2) National Tax Journal 229–263 Abstract: During the 2020 COVID-19 recession, Israel disbursed one-time, universal grants of $220 per adult and $150 per child. We ask survey respondents about the grant’s primary effect on their situation. Twenty to 45 percent report increasing spending, and 36–52 percent report reducing debts. Importantly, as many respondents report donating or helping friends or family as increasing saving (10–18 percent). While financially weaker respondents reduce debt more, stronger ones not only increase saving but also increase giving — a new finding of nonnegligible, voluntary, decentralized reallocation of governmental assistance. We explore how Israel’s political situation and our methodology may have affected our findings, helped by a follow-up US survey.
Fishman, Gideon and Arye Rattner, ‘Crime in the Coronavirus Pandemic: The Case of Israel’ in Mathieu Deflem (ed), Crime and Social Control in Pandemic Times (Emerald, 2023) 73–85 Abstract: The study intends to determine the impact of the lockdowns during the COVID-19 on various categories of crime. It examines the issue of crime in Israel focusing on the crime patterns that evolve separately among Jews and Arabs.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU). :
Gur-Arye, Miriam and Sharon Shakargy, ‘Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel’ [2021] Netherlands Journal of Legal Philosophy (forthcoming) Abstract: The paper discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with Covid-19 regulations. The paper provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The paper suggests possible explanations for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The paper concludes that the drastic restrictions which the regulations posed on religious life were justified by the need to reduce the spread of the pandemic. Under such circumstances, the enforcement of social distancing regulations must be given priority over religious freedom. :
Ken-Dror Feldman, Dalit and Emanuel Gross, ‘The Struggles of Democracy against the “New Terrorist”: The COVID-19 Pandemic: Separation of Powers - The Israeli Experience’ (2020) 2 Hong Kong Journal of Law and Public Affairs 106–115 Abstract: The Coronavirus disease 2019 (COVID-19) caught the world by surprise. The World Health Organization (WHO) declared the COVID-19 on 30th January 2020 as ‘Public Health Emergency of International Concern (PHEIC)’ and as pandemic on 11th March 2020.Suddenly, governments around the world had to stop their daily routine and to deal with a new and worldwide pandemic. Every country dealt with the new situation in a different way. However, most of the countries used tracing apps or other surveillance technology to follow the chains of infections and to stop them as soon as possible. These tracking techniques raised questions about the ability of democratic countries to trace their residents without reasonable suspicion of any criminal or terrorist offense. The COVID-19 caught Israel after 3 rounds of elections in which no certain, clear decision was made by the public. The pandemic was what had forced the politicians to establish a new government with a Prime Minister and a Substitute Prime Minister who will replace him after one year and a half. In addition, the current Israel Prime Minister is facing criminal procedures. True as of May 2020, Israel has a large government that most of them are also part of the legislative authority. There is also a coalition discipline principle that forces the opinion of the government on its members of the parliament. In light of these circumstances, there is almost no separation of powers between the legislative authority (the Knesset, the Israeli Parliament) and the executive authority (the Government). Moreover, the status of the Judiciary authority is being demoralized and public faith in courts is reduced. In this article, we discuss Israel’s experience during the COVID-19 pandemic and the need to trace the chains of infections as soon as possible, within the democratic frame. We show that even though the pandemic caught Israel in a delicate situation to its democracy, the basic principles of a democratic state – the separation of powers and checks and balances – are still present in the way Israel handled a certain aspect of the pandemic so far – the tracking of chains of infections. We focus on the question of checks and balances. We review the democratic process of legislation concerning the use of mobile tracking to find the potential chain of infection of verified patients. We show that despite all the obstacles the democratic game is preserved more or less, at least on paper. We show the importance of the separation of powers and mutual supervision. We call to preserve this basic and important principle especially in times when democracy needs to defend itself not only against terrorism but against a complicated, invisible enemy.
Kritzman-Amir, Tally Amir, ‘Flattening the Curve, Constitutional Crisis and Immigrants’ Rights Protections: The Case of Israel’ (2020) 2 Frontiers in Political Science Article 592150 Abstract: Despite being a small and relatively secluded country, managing the COVID-19 pandemic has so far been quite a challenge for Israel. This contribution seeks to explain how Israel had managed migration and the pandemic amidst a constitutional crisis between February and July 2020.
Longobardo, Marco, ‘The Duties of Occupying Powers in Relation to the Fight against COVID-19’ Abstract: Significant scholarship is investigating the array of international legal issues pertaining to the fight against COVID-19. This brief post aims at contributing to this debate by assessing the obligations upon occupying powers in this regard. Many sources have been reported that COVID-19 has reached occupied areas such as the OPT and Northern Cyprus. This post does not focus on the legality of the specific measures undertaken by some occupying powers, which will require more in-depth knowledge of facts and figures than the one currently available. Rather, it describes in wide brushstrokes the relevant legal framework to pave the way to future further analysis. :
Lurie, Guy, ‘Ministerial Emergency Powers Over Court Administration in the Israeli Judiciary.’ (2021) 12(2) International Journal for Court Administration 1–6 Abstract: This article focuses on the administration of courts in Israel during the Coronavirus Pandemic, and particularly on the emergency powers utilized by the Minister of Justice. The article points out that more attention must be granted to the confluence of two issues: emergency powers and court administration. While the literature on emergency powers has discussed at length the challenges inherent in maintaining the rule of law under extreme conditions, the literature on court administration has not shown as clear an awareness of the issue, even though it has extensively discussed the tensions intrinsic to executive control over court administration. This article points out, drawing on both of these theoretical discourses, that we must carefully structure emergency powers over the administration of courts taking care to maintain the realization of the principles of judicial independence and judicial accountability, which in emergencies necessitates a clear separation of the power to declare a state of emergency from the power to curtail court operations due to the emergency. Furthermore, we must also maintain transparency in the realization of these principles, which is almost as important as their actual realization in order to maintain public confidence in the courts. :
Lurie, Lilach and Reut Shemer Begas, ‘Access to the Labour Courts in Israel during the Covid-19 Crisis’ (2023) 44 Industrial Law Journal (South Africa) 51–70 Abstract: The article examines access to the labour courts in Israel during the Covid-19 pandemic, focusing on the first year of the crisis. It shows that the labour courts managed to deliver the same number of judgments and decisions in 2020 as they did in previous years. In order to keep open during the crisis and to enable access to justice the courts made use of three main tools: (a) technological tools, (b) awarding precedence to the most important and urgent proceedings, and (c) social distancing regulations.
Maor, Moshe, Raanan Sulitzeanu-Kenan and David Chinitz, ‘When COVID-19, Constitutional Crisis, and Political Deadlock Meet: The Israeli Case from a Disproportionate Policy Perspective’ (2020) 39(3) Policy and Society 442–457 Abstract: This article describes the efforts made by the Israeli government to contain the spread of COVID-19, which were implemented amidst a constitutional crisis and a yearlong electoral impasse, under the leadership of Prime Minister Benjamin Netanyahu, who was awaiting a trial for charges of fraud, bribery, and breach of trust. It thereafter draws on the disproportionate policy perspective to ascertain the ideas and sensitivities that placed key policy responses on trajectories which prioritized differential policy responses over general, nation-wide solutions (and vice versa), even though data in the public domain supported the selection of opposing policy solutions on epidemiological or social welfare grounds. The article also gauges the consequences and implications of the policy choices made in the fight against COVID-19 for the disproportionate policy perspective. It argues that Prime Minister Netanyahu employed disproportionate policy responses both at the rhetorical level and on the ground in the fight against COVID-19; that during the crisis, Netanyahu enjoyed wide political leeway to employ disproportionate policy responses, and the general public exhibited a willingness to tolerate this; and (iii) that ascertaining the occurrence of disproportionate policy responses is not solely a matter of perception. :
Mizrahi, Shlomo, Eran Vigoda‐Gadot and Nissim Cohen, ‘How Well Do They Manage a Crisis? The Government’s Effectiveness During the COVID‐19 Pandemic’ (2021) 81(6) Public Administration Review 1120–1130 Abstract: The COVID‐19 pandemic clearly highlighted the importance of effective crisis management and its relationship with citizens’ willingness to cooperate with the government in such turbulent times. We develop a theory and hypotheses about the impact of citizens’ experiences on their perceptions of the government’s effectiveness during times of crisis. We do so with data collected at two points in time: in late March 2020 during the first peak of the COVID‐19 crisis in Israel, and in October 2020 when Israel was exiting from a second lockdown. The findings demonstrate that during crises citizens focus on the short term and seek immediate results in terms of readiness and preparedness. During such times, the government’s responsiveness and transparency, as well as the public’s participation in decisions, seem even more important than their trust in the government. Implications and practical recommendations follow. :
Niezna, Maayan, Yahel Kurlander and Hila Shamir, ‘Underlying Conditions: The Increased Vulnerability of Migrant Workers Under COVID-19 in Israel.’ (2021) 6(2) Journal of Modern Slavery 133–158 Abstract: The COVID-19 pandemic, and with it the introduction of closures, quarantines and social distancing regulations by governments, has had an immense impact on labour markets and working conditions around the world. In various countries, governments have attempted to mediate the harsh economic results of closures through providing direct benefits or by supporting employers to retain workers. However, such policies have generally not been extended to noncitizens, who, as a result, have found themselves either without income or working long hours in sectors designated ‘essential’, such as care, agriculture, and construction, often under new restrictions and in the face of health risks.This article considers the impact of key policies introduced in response to the spread of COVID-19 on migrant workers’ vulnerability through a specific case study: temporary migrant workers and other ‘unskilled’ non-citizen workers in the Israeli labour market. We explore the link between restrictive policies and measures resulting from COVID-19 and the increased risk of severe forms of labour market exploitation, in some cases amounting to forced labour, slavery and trafficking in persons. We argue that the impact of COVID-19 restrictions in the Israeli context has generally manifested not in the emergence of new forms of exploitation and coercion, but rather in the exacerbation and intensification of ‘underlying conditions’ that were already present, i.e., existing structural vulnerabilities to severe forms of labour market. exploitation. However, we also find that the intensification of vulnerabilities has presented new opportunities for solidarity and resistance. The article maps and analyses what has occurred during the COVID-19 pandemic regarding key elements of vulnerability that characterise the employment of these three groups, across the largest sectors employing non-citizen workers in Israel: care, construction and agriculture. All three sectors are part of a secondary labour market, characterised by low wages, substandard working conditions, and employment of mostly non-citizens. All three sectors were designated as ‘essential’ during the pandemic. While the Israeli case is unique in many ways, it also bears a similarity to other migrant-receiving countries in the Global North. Specifically, the Israeli temporary migrant-worker regime, like many others across OECD countries, is characterised by mobility restrictions, housing restrictions, and exclusion from labour laws. We 3 therefore believe that analysis of the impact of COVID-19 policies on the structural vulnerabilities to forced labour, slavery and trafficking in the Israeli context may be relevant to other migrant-receiving countries. :
Raphael, Cohen-Almagor, ‘Israel Facing COVID-19’ (2021) 6(1) Public Governance, Administration and Finances Law Review 7–17 Abstract: This paper considers Israel’s response to the challenges raised by the Covid-19 pandemic with a specific focus on the invoked public policies and the related political, economic and legal concerns. I first provide some background information. Then, I outline the keys for the initial success in confronting the coronavirus pandemic. Three factors contributed to the initial Israeli success, namely: the government’s swift and effective reaction to the pandemic; the close cooperation and coordination between the organisations that were mobilised to counter the pandemic, and the effective implementation of governmental policies. However, mistakes were made during the second wave of the pandemic. :
Rosenhouse, Judith, ‘Legilinguistic Features of a Semantic Field: COVID-19 in Written News/Media in Hebrew and Arabic’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 859–882 Abstract: This paper examines and compares some legilinguistic features in news/media reports in Hebrew, and in Arabic in Israel and Egypt during the COVID-19 pandemic in 2020 and the beginning of 2021. The goal was to find frequent and innovated expressions in the communication media during the COVID-19 period. The research question was, since there are linguistic differences between these language-varieties: would differences be found also on the legilinguistic level? Hebrew and Arabic were studied because of their different status. In Israel, Hebrew is the dominant official language, while Arabic is a minority language. In Egypt, Arabic is the official and dominant language. The material was collected from two news/media channels in each of Modern Hebrew and Arabic in Israel, and two from Egypt. Selected news texts were analyzed and examples of their lexical and syntactic elements are presented. The texts revealed similar methods for controlling the pandemic, and some linguistic (lexical and syntactic) differences. The comparison with legilinguistic literature suggests that the findings of these Hebrew and Arabic texts’ features during the pandemic differ from features discussed in other studies.
Shtauber, Daniel, Gaya Harari-Heit and Ittai Bar-Siman-Tov, ‘Sunset Legislation in Israel during the COVID-19 Pandemic’ (SSRN Scholarly Paper No 4582056, 24 September 2023) Abstract: This article presents an empirical and normative study of the widespread use of ‘sunset legislation’, also known as temporary legislation, as a tool for dealing with COVID-19 in Israel. First, the article presents the sunset legislation’s dramatic increase in Israel and traces the purposes and rationales that led legislators to use it. Second, the article evaluates sunset legislation vis-à-vis emergency regulations as the major alternatives for adopting temporary and urgent legal measures. It further addresses the difficulties and failures that have arisen or may arise from the widespread use of sunset legislation in times of crisis like COVID-19. Lastly, while recognizing that sunset legislation is ‘the lesser evil’ in times of crisis, a number of normative proposals are presented, so to improve sunset legislation during COVID-19 and to overcome the difficulties in using it.
Trotogott, Rachel, ‘A Comparative Analysis of Data Privacy Impacted by Covid-19 Contact Tracing in the European Union, the United States, and Israel: Sacrificing Civil Liberties for a Public Health Emergency’ (2020) 27(1) ILSA Journal of International & Comparative Law 55–76 Abstract: The purpose for choosing this topic is to explore privacy issues being faced in distinct parts of the world by countries exploring the use of digital contact tracing phone applications to help gain control over the COVID-19 global pandemic. First, this article will provide a brief history of the United States, the European Union, and Israel, and explore the applicable privacy laws governing its corresponding citizens in relation to the usage of digital contact tracing applications. Then, this article will compare the similarities and differences between such laws, and how the United States, the European Union, and Israel are addressing such laws relative to digital contact tracing application usage. Finally, this article will conclude with an assessment on the current contact tracing situation in the United States and what can be learned by looking towards the European Union and Israel.
Jordan
Abuanzeh, Amal Abdallah, ‘Cyberspace and Criminal Protection of Privacy in the Jordanian Legislation under the Corona Pandemic: Comparative Study’ (2021) 48(12) Journal of Hunan University（Natural Sciences） 1996–2019 Abstract: The importance of the study is to demonstrate the criminal protection of personal data for individuals in general and patients in particular, and it aimed to demonstrate the adequacy of Jordanian legislation and comparing to provide legal protection of the individuals’ personal data, especially patients, in light of the Corona pandemic. The study also aims to illustrate the balance between two rights; the right of privacy for individuals’ data, especially patients infected with the Corona virus and the right of authorized parties to access this data in order to limit the spread of this virus. In order to achieve the study objectives, it discussed the nature of the concepts of privacy and personal data, and indicated the legislative treatments of the patients’ data, whether it was through the general criminal law, or through laws related to informatics, through medical charters, or even through the legislation related to the pandemic and to explain how these concepts contributed to the criminal protection of patients’ data. The study combined the analytical and comparative approach, and it concluded that the current legislation is not sufficient to protect a right worthy of legal protection, which is the right of privacy in personal data. The privacy of personal data has been exposed to many violations in the light of cyberspace, which requires legislators to hurry to issue special laws that surround personal data with a fence of criminal protection.
Al-Amaireh, Monther Abed-Alrazzaq Musleh, ‘The Impact of Covid-19 Pandemic on Crime in Jordan and the Extent to Which the Provisions of the Penal Code Are Applied in Light of the Declaration of a State of Emergency and the Jordanian Defense Law: A Comparative Study’ (2021) 22(5) Central Asia and the Caucasus : journal of social and political studies 1470–1483 Abstract: This study aims to shed light on a new and important topic, which is to study the impact of Covid-19 pandemic on crime by reading its repercussions on a different group of crimes represented in forgery, fraud, electronic crimes, domestic violence, terrorist and extremist organizations, and the extent to which the provisions of the Penal Code are applied with announcing a case Emergency and Defense Law. This study also deals with a comparative analysis of the impact of the Corona virus on crime rates in Jordan, by comparing crime rates in previous years for the year 2020 with the emergence of this epidemic and comparing them with each of the United States of America and Egypt. The research stems from the premise that despite the challenges of the Corona pandemic crisis with its health, economic, social and political consequences, it highlighted opportunities to exploit these criminal organizations. The curfew also contributed to reducing the rates of some crimes. Therefore, this had to be studied, especially with the application of the emergency law and the temporary release of a number of prisoners due to the Corona pandemic. The study relied on the descriptive analytical method by referring to many sources and primary and main data for the various crimes under study to read and analyze their interpretations of the crisis, as well as to monitor and study their reactions to it on the ground. The study concluded with a number of results and recommendations, the most important of which is the climate of crises in general and the crisis of the Corona virus in particular, which constitutes a focus for corrupt and criminals to invest this despite their different opinions and intellectual antagonism with the aim of material and moral gain, by exploiting and highlighting the crisis within societies and Exploiting the voids resulting from the inability of the authority to fill them, or the lack of desire on the part of some countries to rise and fill the void.
Al Amaren, Emad Mohammad et al, ‘The Impact of COVID-19 Pandemic on Non-Profit Companies in Jordan: A Socio-Legal Study’ (2022) 59(173) Global Journal of Economics and Business 511–523 Abstract: Since 2020, the novel Corona pandemic had negatively affected the people’s economic situation in Jordan. The Jordanian government procedures to contains the spread of the virus from movement restriction, border closures, and lookdown have forced companies to shut down their businesses completely or partly and lay off workers or reduce their remuneration. Some of these companies that had been negatively affected was nonprofit Companies. Nonprofit Companies in Jordan have faced a decrease in financial returns as a result of the reduced amount of donations and an increase in demand of the services they provide, especially those that provide health services. As a result, non-profit companies operating in Jordan had adopted new approaches and mechanism of working to survive and to still be relevant in the Jordanian society. This research article primarily focuses on the impact of the Corona pandemic on non-profit companies operating in Jordan in terms of financials, strategies and the impact of the Jordanian defense law on the situation of the labor working in these institutions. The research has reached to several results that highlight the impact of the Corona pandemic. Corona pandemic had and still has a significant impact on non-profit companies from an economic and legal point of view.
Al Qadi, Walid, ‘The Impact of Corona Pandemic on Legal Protection of Jordanian Employee’s Right to Salary and Its Extensions’ (2021) 14(1) Journal of Politics and Law 114–127 Abstract: The topic of the study is of special importance, as it relates to the source of public employee income and contemplates unusual events imposed by the Corona pandemic; Led to multiple preventive measures being taken to counter them; including the validity of the emergency defense law, which has multiple effects at all levels. To address negative economic conditions, administrative decisions were issued by the Cabinet against employees, which led to a reduction in their salaries and benefits. Hence, the study problem arose. Because it was not issued by the authority specified by the Defense Law which gives this authority to the Prime Minster, and accordingly many decisions exceeded its established legal rules and specific constitutional texts. The study aims to shit light on many aspects pertaining to the legal protection of Jordanian employee’s right to salary and the basis on which the administration can modify it? We reached a set of results, most notably: The validity of the Defense Law specifically gives the Prime Minister, and not the Cabinet, the power to take exceptional measures to face the exceptional circumstance, by invoking exceptional legal rules stipulated by this law and not on the ground of the Civil Service Regulation. The most important recommendation was to cancel the new amendment of Article (193) of the Civil Service Regulation in line with the rule of legislative progression, as it contradicts the defense law and constitutes a violation of the constitutional provisions.
Al-Qatawneh, Ibrahim Suleiman, Aliaa Zakaria and Jamal Barafi, ‘Healthcare for Prisoners in Penitentiary Establishments during COVID-19: A Comparative Study between National Legislation and International Covenants’ (2024) 10(1) International Journal of Public Law and Policy 1–16 Abstract: This study examined the prisoner’s right to healthcare in penal facilities during health crises in three Arabic countries, namely the UAE, Jordan, and Bahrain. The study is rare in that it also deals with prisoner healthcare during a pandemic. The study considers the key international rules and standards governing prisoner healthcare and its development over the past 60 years, regarding the obligations of states and the rights of the prisoner and the constitutions of the study countries, their national legislations, and the measures taken to confront COVID-19, to identify the extent of their adequacy and effectiveness and compatibility with key international standards. Despite numerous measures being taken to protect the health of prisoners and the enactment of international and national legislations, at the time of writing, the pandemic is still uncontrolled; therefore, the study finds that exceptional measures continue to be required.
Alazab, Saleem Isaaf, ‘Causality in the Crime of Willful Murder by Transmission of Coronavirus in the Jordanian Legislation’ (2020) 13(4) Journal of Politics and Law 181–186 Abstract: Article (326) of the Jordanian Penal Code does not differentiate between methods of willful murder. These methods include transmission of Covid-19, where such type of disease is considered contagious under Article (17) of Jordanian Public Health Law No. (47) of 2008. However, medical science has not certainly proven that the transmission of the virus to a victim is a viable method of infection that definitely causes death. This is since this result (death) might happen a long time after transmission of coronavirus to a victim. It is difficult for the legislator to draft clear provisions that take into account the various circumstances of the willful murder and its sophisticated methods. Therefore, the trial judge is required to verify the existence of the causal relationship in each willful murder case based on its relevant circumstances.
Al-Sheyab, Loiy Ahmad, ‘The Rule “Al’aadah Muhakkamah” (Tradition Was Basic of Law) and Its Impact on Jordanian Social Customs; COVID-19 Model’ (2021) 58(1) Psychology and Education Journal 994–1011 Abstract: This study aims to shed light on social phenomena and find out the implications for society, as this study is the first - to the extent of my knowledge - especially since it was researched from a legitimate perspective and the development of solutions and treatment them. However, societies stuck to them despite their negative effects,to come virus Covid 19 to change the compass. The study addressed the role of the jurisprudential rule ‘habit’ in dealing with social phenomena in the time of Covid19, in an attempt to identify the aspects of these phenomena and know the extent of these phenomena and their causes and effects, to find a clear vision in societies by determining the extent of the penetration of these phenomena and their impact. However, the applications of these phenomena in the time of Covid 19 made the research and its results mainly in taking preventive and therapeutic measures and adhering to what is said by The Shariah, and the ability of societies to see these phenomena and customs. The study provided suggestions to ensure the continued elimination of these phenomena and overburdened habits, which were overcome in Covid 19.
Alzoubi, Mohammad Abel Khaliq and Muhammad Azami Masoud Abu Moghli, ‘The Legal and Procedural Impact of the Corona Pandemic on Procedural Deadlines and Litigation: Comparative Study’ (2022) 15(4) Baltic Journal of Law & Politics 1427–1442 Abstract: The region and the countries of the world as a whole were exposed to a global epidemic of Covid 19 at the beginning of the year 2020, which greatly affected all areas of political, economic and health life. The World Health Organization declared a state of emergency in the world, so countries made partial or total closures and curfews. The Jordanian legislator declared a state of emergency and activated Defense Order No. (5) Of 2020 in accordance with the provisions of Defense Law No. 13 of 1992, and closed all activities except for the medical field. In the judicial field, litigation and court procedures stopped from March 18, 2020 to May 25, 2020, and that, created a legislative vacuum in regulating legal relations, exceeding legal periods, and a defect in procedural deadlines in light of this emergency circumstance. Here, many questions arise about how to address the legal impact on judicial procedures that were suspended as a result of the curfew, the dates of the sessions that were postponed, and the impact on the implementation law in both Jordanian legislation compared to Egyptian legislation.
El-Haija, Mohammed Ibrahim Abu, ‘Coronavirus Legislation and Obligations of Lessee in Jordan: Some Preliminary Reflections/Considerations’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 1059–1065 Abstract: This study focuses on discussing the choices of lessee in Jordan legislation because of a Defense Order in Curfew to face Corona Virus Disease 2019 and the impact of Corona virus disease 2019 (COVID-19) on the lessor obligation. The study finds out that the lessee has two options: to cancel the contract regarding force majeure or refuge to court and to reduce the fare amount regarding exceptional circumstances. The study also recommended issuing a Defense Order specifying the exact percentage to be reduced. In the absence of a Defense Order, the study of a friendly agreement should be recommended between the lessor and the tenant on the reduced percentage.
El-Haija, Mohammed Ibrahim Abu, Mohammad A Al-Thunibat and Mustafa Mousa Alajarmeh, ‘Reasons and Results of the 28th Defense Order in Jordan under the Coronavirus Pandemic’ (2023) 77(210) International Journal of Legal and Comparative Jurisprudence Studies 160–164 Abstract: The aim of this study is to investigate the rationale behind Defense Order Number 28 in response to the Coronavirus Disease 2019 (COVID-19) pandemic and its impact on the legal rights of creditors. The study employed an analytical methodology, examining the defense orders, local laws, international conventions, and court decisions. The main findings of the study indicate that the Jordanian case appears to favor debtors, as it allowed for the postponement of imprisonment from March 2020 until the end of December 2022, without offering adequate solutions to protect the rights of creditors. The only recourse given to creditors was the option to request the competent judicial authority to prevent the debtor from leaving the country. On an international level, the study reveals that Defense Order Number 28 was implemented to meet Jordan’s international obligations. However, this order contradicts a fundamental principle of Civil law, which is to support and uphold the rights of the right holder. By prohibiting the creditor from employing essential means to claim their rights from the debtor, the order undermines the creditor’s position. In conclusion, the study suggests that Jordan is in the process of abolishing imprisonment sentences in civil and commercial transactions, yet it does not provide adequate solutions to safeguard the rights of creditors during this transition.
Gharibeh, Ashraf mohamad et al, ‘E-Education in Law Schools under the COVID-19 Pandemic In Sultanate of Oman and Jordanian Universities’ (2023) 33 Journal of Namibian Studies: History Politics Culture 1224–1235 Abstract: By the use of current communication technologies, educational institutions are able to transmit classroom lectures and pedagogical guidelines to students at a distance. Students in Oman and Jordan have ceased attending colleges and schools as a precautionary step to achieve social separation in view of the present conditions surrounding the spread of the Coronavirus, which has swept the whole world. According to defence orders issued by the Jordanian cabinet, law majors are taught in Jordanian public and private universities, 20 universities in which studies have shifted from face education to e-learning during the second semester of the 2019-2020 academic year. The theories of pandemics have existed in Islamic jurisprudence since ancient times, and Maliki jurists have devoted specialized books to it to discuss this issue. However, the Coronavirus pandemic is not the first or the last till the end of the world. The usage of e-learning, a modern method of education, is quickly expanding across a range of contexts. The electronic delivery of integrated programmes is now commonplace in universities and colleges, and even at some research universities and institutes. Because of the COVID-19 pandemic, numerous quarantine measures have been implemented, and regular schooling has been put on hold. This has shifted the emphasis heavily towards online education. The study’s objectives are to provide an assessment of students’ perceptions of their e-learning experiences in law programmes at universities in Jordan and Oman, as well as pros and cons of e-learning from students’ perspectives and suggestions for improving e-learning at universities and academic institutions.
Taani, Muhanned Farhan Al, ‘The Impact of the Covid-19 Pandemic on Stopping and Completing the Period of Appeal against Judicial Rulings in Accordance with Jordanian Law’ (2021) 14(4) Indian Journal of Forensic Medicine and Toxicology 1903–1907 Abstract: This study attempts to shed light on the applicability of the Jordanian Civil Trials Law No. 24 of 1988 and its amendments in light of the COVID-19 pandemic and the prevention of litigants’ access to the courts because it is an official holiday on the grounds constituting it to be a force majeure or an emergency circumstance which is considered an unexpected event. The law did not explicitly stipulate a cessation of appeal against judgments. When this impediment is present, the appellant can complete the appeal period when this impediment ceases to exist. The completion of the prescribed periods becomes in effect, while Defense Order No. 5 bridged the gap in the provisions of the Civil Trials Law in light of the country’s passage through the COVID-19 pandemic, which came suddenly being an unexpected event. The legislator was unable to address the issue of stopping and completing the appeal period against the ruling issued for its appeal within the legal period stipulated in the law. Besides, this study includes the opinions of jurists in the Civil Trials Law. This study indicated that the event of force majeure or an emergency situation (COVID-19 pandemic) with the activation of Defense Law No. 13 of 1992 as it is pointing that completing the period of appeal with judicial rulings and the necessity of its application during the existence of the COVID-19 pandemic with the need to amend the Jordanian legislature for the legal loophole in this regard.
Weshah, Sulaiman et al, ‘The Impact of National Defense Law Related to (COVID-19)’s Lockdown on Businesses’ Cash Flows & Liquidity (Jordan Case)’ in Bahaaeddin Alareeni and Allam Hamdan (eds), Explore Business, Technology Opportunities and Challenges After the Covid-19 Pandemic (Springer, 2023) 1145–1151 Abstract: The world has been hit with several crises during the last decade and still suffering from emerged Corona Virus pandemic economic crisis. Jordanian firms, like other firms around the world faced a financial crisis due to decrease in consumers’ demand and obstacles with shipping goods around the world. The current study examines the impact of the Jordanian national defense law in providing a financial protection for firms during the pandemic. Also, we study the behavior of consumers and business owners using an online interview. The results show that business owners are more likely to keep using the same prices before the quarantine period and consumers are more likely to have a buying panic, which, in return, have a positive impact on cash flow. In addition, the study proposed an equation that would guide business owners in calculating the shortage of cash flow and liquidity (SCFL) during crisis periods that similar to that of the quarantine period of COVID-19.,The study provides recommendation to that governmental authorities on enactment of more regulations and policies that provide guidance on how to deal future economic crisis which should provide protection for the local economy and assist firms in getting the financial support they need go through future crisis.
Kuwait
Albader, Fatemah and Fotouh Al-Raqom, ‘The Right to Online Education in Kuwait, Revisited in Light of Covid-19’ (2020) 27(1) ILSA Journal of International & Comparative Law 1–25 Abstract: The right to education, at all levels, is one that is recognized as a fundamental human right and one that is protected through various international instruments. Thus, it could be argued that the right to remote education during times of a national emergency is vital to the full realization of this right. Nonetheless, to guarantee proper education for all and to warrant that in times of emergency governments are equipped with the proper resources to facilitate a move toward remote learning, countries like Kuwait must reconsider blanket bans on online education. Only then may the full implementation of the right to education be achieved. must reconsider blanket bans on online education. In arguing for such, this paper is divided into four parts. Section II will examine the right to education in international human rights law, specifically the right to online education. Section III will discuss the effects of the state of the current pandemic on the right to online education and provides examples of international organizations' responses that have been undertaken in response to COVID-19. Section IV will address the situation of online learning in Kuwait and examine the current and regular regulations governing Kuwaiti students studying inside and outside of Kuwait. Lastly, Section V will conclude with a discussion on the challenges that pertain to online learning in the Arab States, with an emphasis on justifications that are often cited as to why countries in the region, including Kuwait, are fearful of moving toward online education.
Barafi, Jamal et al, ‘Quarantine Regulations during the Coronavirus Pandemic: A Study in Light of National and International Legislation’ (2022) 11(2, Special Issue) Journal of Governance and Regulation 277-285 Abstract: Since the outbreak of COVID-19, countries have instituted multiple regulations and implemented various measures to preserve public health. One of the most important measures is quarantine, which restricts the right to freedom of movement enshrined in international and national laws (UN General Assembly, 1948). The study aims to clarify the freedom of movement concept and to consider the legality of quarantine as a restriction on this right (Talbi, 2021). It also aims to tackle the national regulations and procedures implemented in response to the COVID-19 pandemic in Jordan, the United Arab Emirates (UAE), and Kuwait. The research problem is the lack of clarity regarding the national legal framework and procedures related to quarantine, and the lack of deterrent penalties related to their violation, as well as the difference and disparity among the countries under study in response to the rules of international law and the application of procedures and penalties in the face of COVID-19. The authors relied on an analytical and comparative approach of the legislative provisions in addition to a statistical database published by a trusted website. The study concluded that the legal provisions related to confronting COVID-19 are still unclear and that the penalties do not serve as deterrents.
Oman
Gharibeh, Ashraf mohamad et al, ‘E-Education in Law Schools under the COVID-19 Pandemic In Sultanate of Oman and Jordanian Universities’ (2023) 33 Journal of Namibian Studies : History Politics Culture 1224–1235 Abstract: By the use of current communication technologies, educational institutions are able to transmit classroom lectures and pedagogical guidelines to students at a distance. Students in Oman and Jordan have ceased attending colleges and schools as a precautionary step to achieve social separation in view of the present conditions surrounding the spread of the Coronavirus, which has swept the whole world. According to defence orders issued by the Jordanian cabinet, law majors are taught in Jordanian public and private universities, 20 universities in which studies have shifted from face education to e-learning during the second semester of the 2019-2020 academic year.The theories of pandemics have existed in Islamic jurisprudence since ancient times, and Maliki jurists have devoted specialized books to it to discuss this issue. However, the Coronavirus pandemic is not the first or the last till the end of the world.The usage of e-learning, a modern method of education, is quickly expanding across a range of contexts. The electronic delivery of integrated programmes is now commonplace in universities and colleges, and even at some research universities and institutes. Because of the COVID-19 pandemic, numerous quarantine measures have been implemented, and regular schooling has been put on hold. This has shifted the emphasis heavily towards online education. The study’s objectives are to provide an assessment of students’ perceptions of their e-learning experiences in law programmes at universities in Jordan and Oman, as well as pros and cons of e-learning from students’ perspectives and suggestions for improving e-learning at universities and academic institutions.
Palestine
Almashni, Mohammed Ibrahim, Yusramizza Md Isa Yusuff and Nor Azlina Mohd Noor, ‘Public Hearings Principle in The Palestinian Civil Procedure Law and Its Relationship to Public Order Concept in Light of The Covid-19 Pandemic’ (2022) 7(2s) BiLD Law Journal 59–66 Abstract: The importance of the public hearing’s principle or public of trial sessions clearly appears through the guarantee it provides to litigants during the hearing of the case before the court. This principle is affirmed in the Palestinian Civil and Commercial Procedures Law No. 2 of 2001 as well as in the Palestinian Basic Law of 2003. Public hearings are one of the fundamental guarantees in the litigation process because they create a kind of popular monitoring of the work of the judiciary, and they also create a sense of reassurance between people and litigants about the fairness and impartiality of the judges. This is what is stipulated by the laws of most countries, but it should be noted in this regard that each rule has an exception, so the general principle is public of trial sessions, but the Palestinian legislator excluded some cases and gave the court freedom to make the session secret in certain cases. These cases relate to maintaining the confidentiality and sanctity of the family as well as preserving public order and morals in society. In addition, recently, hearings have become restricted to the parties to the case and their lawyers due to the (Covid-19) pandemic under the pretext of social distancing, prevention and public safety measures.
Fayyad, Mahmoud and Abdel Raouf Al-Sinnawi, ‘COVID-19 Impact on Labour Relations in Palestine, the Need for Legal Reform’ (2021) 7(11) Heliyon Article e08313 Abstract: Objective This research aims to examine how lawful the measures taken by employers against workers are in the context of the COVID-19 pandemic, and to assess performance of the Ministry of Labour (MoL) and various trade unions in representing workers’ interests. Methodology After an intensive literature review on the subject, 12 cases – representing different areas and economic sectors in the West Bank – were investigated. Then, free discussions were conducted with a focus group of 24 stakeholders (employers, employees, MoL representatives, trade union representatives, businessmen association representatives, lawyers, judges, and academics) to explore decisions made against employees, examine how lawful these decisions are, and present the evaluation of these groups to the MoL and trade unions. The discussions were followed by a quantitative questionnaire for 297 employees who were affected by unfair decisions and 87 employers representing different areas and sectors in the West Bank. A brainstorming session, involving two judges, two lawyers and four legal academics, was held to discuss research outcomes and benefit from their feedback and recommendations. Research problem To demonstrate how lawful the measures taken by employers against workers are in the context of the COVID-19 pandemic, and to assess performance of the MoL and various trade unions in representing workers’ interests. Findings The research paper reveals the illegality of the measures taken against employees in the context of responding to the economic effects of the pandemic. It reflects clear and significant dissatisfaction with the decisions made by trade unions and the MoL. The paper also recommends that some amendments need to be introduced to the Palestinian Labour Law. Originality/value This research paper pursues the illegality of decisions made by employers against workers in the context of addressing the economic losses caused by the pandemic. It concludes that ambiguous provisions of the Palestinian Labour Law were a main factor that allowed employers to abuse these decisions. The tripartite agreement organised by the MoL was against workers interest and gave rise to many legal and economic challenges. The need to review the structure and functioning of trade unions in the West Bank is highlighted in this research paper.
Longobardo, Marco, ‘The Duties of Occupying Powers in Relation to the Fight against COVID-19’ Abstract: Significant scholarship is investigating the array of international legal issues pertaining to the fight against COVID-19. This brief post aims at contributing to this debate by assessing the obligations upon occupying powers in this regard. Many sources have been reported that COVID-19 has reached occupied areas such as the OPT and Northern Cyprus. This post does not focus on the legality of the specific measures undertaken by some occupying powers, which will require more in-depth knowledge of facts and figures than the one currently available. Rather, it describes in wide brushstrokes the relevant legal framework to pave the way to future further analysis.
Niezna, Maayan, Yahel Kurlander and Hila Shamir, ‘Underlying Conditions: The Increased Vulnerability of Migrant Workers Under COVID-19 in Israel.’ (2021) 6(2) Journal of Modern Slavery 133–158 Abstract: The COVID-19 pandemic, and with it the introduction of closures, quarantines and social distancing regulations by governments, has had an immense impact on labour markets and working conditions around the world. In various countries, governments have attempted to mediate the harsh economic results of closures through providing direct benefits or by supporting employers to retain workers. However, such policies have generally not been extended to noncitizens, who, as a result, have found themselves either without income or working long hours in sectors designated ‘essential’, such as care, agriculture, and construction, often under new restrictions and in the face of health risks.This article considers the impact of key policies introduced in response to the spread of COVID-19 on migrant workers’ vulnerability through a specific case study: temporary migrant workers and other ‘unskilled’ non-citizen workers in the Israeli labour market. We explore the link between restrictive policies and measures resulting from COVID-19 and the increased risk of severe forms of labour market exploitation, in some cases amounting to forced labour, slavery and trafficking in persons. We argue that the impact of COVID-19 restrictions in the Israeli context has generally manifested not in the emergence of new forms of exploitation and coercion, but rather in the exacerbation and intensification of ‘underlying conditions’ that were already present, i.e., existing structural vulnerabilities to severe forms of labour market. exploitation. However, we also find that the intensification of vulnerabilities has presented new opportunities for solidarity and resistance. The article maps and analyses what has occurred during the COVID-19 pandemic regarding key elements of vulnerability that characterise the employment of these three groups, across the largest sectors employing non-citizen workers in Israel: care, construction and agriculture. All three sectors are part of a secondary labour market, characterised by low wages, substandard working conditions, and employment of mostly non-citizens. All three sectors were designated as ‘essential’ during the pandemic. While the Israeli case is unique in many ways, it also bears a similarity to other migrant-receiving countries in the Global North. Specifically, the Israeli temporary migrant-worker regime, like many others across OECD countries, is characterised by mobility restrictions, housing restrictions, and exclusion from labour laws. We 3 therefore believe that analysis of the impact of COVID-19 policies on the structural vulnerabilities to forced labour, slavery and trafficking in the Israeli context may be relevant to other migrant-receiving countries.
Obaid, Tareq, Rabah Abdaljawad and Mohanad Abumandil, ‘Higher Education Under Quarantine: What Insights Palestinian Institutes Can Share?’ (SSRN Scholarly Paper No ID 3665685, 2 August 2020) Abstract: The spread of the coronavirus disease known as COVID-19 is a public health emergency with economic and social ramifications in Palestine and across the world. While the impacts on business are well documented, education is also facing the largest disruption in recent memory.The COVID-19 is significantly disrupting all aspects of higher education, fundamentally changing how universities operate by sparking the boom of online learning. The impact of this disruption is necessarily transformative, requiring us to rethink how we learn has been an issue of growing importance for many years. The coronavirus and ensuing lockdown currently in effect means that rethinking education is no longer something for a fun offsite in a nice hotel at the end of the semester, but an existential challenge to every dean and president and headmaster and principal around the world. Right now Universities are shuttered. Exams are canceled. Layoffs of professors and teachers will inevitably follow. Brand-name schools will, in time, bounce back. Many other less prestigious places will never reopen their doors. At this moment of extreme peril, and in the spirit of turning crisis into opportunity, educators and administrators at every scholastic level – and those responsible for training employees in the wider workforce – must urgently reassess their existing practices and protocols. They need to reimagine how to operate in a world of remote presence, social distancing and considerable economic stress.
Qatar
Alabdulla, Majid, Shuja Reagu and Bushra Elhusein, ‘Impact of the COVID-19 Pandemic on Mental Health Law in the State of Qatar’ (2021) 79(November–December) International Journal of Law & Psychiatry Article 101748 Abstract: COVID-19 has significantly impacted mental health care systems worldwide. Qatar has started implementing a dedicated Mental Health Legislation. Qatar faced challenges in honoring the law while upholding best practice. This review examines these challenges and the impact on mental health care.
Hawa, Faten, ‘Consumer Protection and the Covid-19 Challenges: Paving the Way for Effective Legal Enforcement: A Case Study in the Qatari Legal System’ (2021) 24(S4) Journal of Legal, Ethical and Regulatory Issues 1–12 Abstract: This research paper examines the legal protection of consumer rights at the time of the Corona pandemic (COVID-19) in the State of Qatar as a model to demonstrate the effectiveness of government efforts taken since the beginning of 2020. In a brief review of the legal framework, that governs the protection of consumer rights in Qatar; one finds that the Consumer Protection Law constitutes the main legislative framework that guarantees this protection. This law thoroughly defines the general rules pertaining to the consumer’s health, safety of goods and quality of services. The law is designed to protect the consumer from fraud and deceptive advertising, etc. I will advocate for forming specialized committees to settle consumer disputes, enhancing electronic consumer rights protections and strictly enforcing penalties in the event of a violation of consumer rights in these exceptional situations that we are facing and are struggling to overcome.
Solaiman, Barry, ‘COVID-19 and the Shift Towards Telemedicine: Developing a Regulatory Foundation in a Post-Pandemic World’ (2020) 2(December) _The Qatar Business Law Review_ Abstract: This article argues that regulations ought to be developed in Qatar for telemedicine. There has been a significant rise in remote consultations between doctors and patients following the COVID—19 pandemic. Around the world, healthcare leaders have sought to stem the spread of the virus while maintaining safe access to doctors. Most countries, including Qatar, have yet to develop bespoke regulations and licensing requirements. This article recommends that a telemedicine practising licence and regulations should be developed.An analysis of other jurisdictions highlights four key areas where regulations would most benefit practice. They include the standard of care required in remote consultations, information requirements for both doctors and patients, an assessment of the appropriateness of telemedicine for a given consultation, and standards on data processing and security. Regulating these areas will provide greater certainty to all parties while developing a foundation for telemedicine’s continued use.
Saudi Arabia
Alagha, Samah, ‘The Response of the Saudi Criminal Law in the Wake of the Corona Virus Pandemic (Covid-19)’ [2021] International Journal of Doctrine, Judiciary and Legislation (in press, published online 18 April 2021) Abstract: At the end of 2019, a new dangerous and contagious disease emerged in the city of Wuhan, China. It has spread throughout the world at a very fast pace. The Coronavirus pandemic has profound impacts on the society and the economy. Therefore, countries endeavor to minimize the severe impacts of this crisis. However, since public health and criminal law are inevitably linked, the purpose of this paper is to explore the response of the criminal law toward the pandemic of coronavirus in the Kingdom of Saudi Arabia (KSA). Especially since the deficiency of the criminal legal system has been proven in countries that witnessed a significant increase in infections with the Coronavirus without any pause, and in countries that witnessed large waves of infections after they had greatly decreased. This study applies the qualitative research represented in the descriptive and analytical method. The study found out that since the Saudi criminal law is derived from Islamic Shariah, it has been flexible and adaptable to the confrontation of coronavirus pandemic by criminalizing and penalizing all acts of deliberate transmission of coronavirus and all violations of the precautionary measures issued by the competent authorities. Finally, the study concludes with some recommendations with regards to making the Saudi criminal law more effective in the fight against coronavirus.
Alzahrani, Ohud, ‘International Law and the Crisis of COVID-19 on the International Security: A Case Study of Saudi Arabia’ (2023) 11(12) Journal of Law and Sustainable Development e1968–e1968 Abstract: This research aims to explore the role of Saudi Arabia in influencing the global system amid the COVID-19 pandemic, particularly examining its efforts in managing the crisis and its impact on international law and security.
Amuda, Yusuff Jelili, Shafiqul Hassan and Emna Chikhaoui, ‘Empirical Investigation of Perceptions of Economic, Medical and Legal Experts on the Effects of Covid-19 in Saudi Arabia’ (2022) 25(2) Journal of Management Information and Decision Sciences 1–135 Abstract: The outbreak of COVID-19 or otherwise known as coronavirus disease as a global pandemic remains very challenging at the international level. China, Spain and United States have been trying to address different dimensions especially legal, socio-economic and medical impacts of COVID-19. There is insufficient academic research exploring legal, socio-economic and medical impacts of COVID-19 in Saudi Arabia in spite of its richness in terms of human and material resources. The research primarily aims at investigating legal, socio-economic and medical impacts of COVID-19 in order to solve the current problem and provide a framework for curtailing its spread especially in various cities in Saudi Arabia. Indeed, quantitative method was employed in this research. On one hand, convenient sampling was used to select 113 respondents among the experts in legal, business and healthcare disciplines to respond to the instrument (questionnaire) of the study. The results demonstrated that, the respondents strongly perceived that COVID-19 have negative impact on socio-economic and medical aspects but it has positive impact on legal discipline because, it provided avenue for multi-jurisdiction legal team in using their knowledge and experience in addressing legal related issues with COVID-19 especially in employment laws in Saudi Arabia. It is therefore be recommended that, there is need for putting resources together towards addressing the challenges of legal, socio-economic and medical impacts of COVID-19 outbreak. The novelty and originality of this study manifested from exploring the triadic factors of economic, legal and medical experts as contrary to previous studies that investigated the variables independently. The research will provide policy direction to the stakeholders in addressing the challenges of COVID-19 holistically in order to provide long-lasting solutions of legal, socio-economic and medical welfares in order to cater for the citizens in country.
Amuda, Yusuff Jelili et al, ‘Qualitative Exploration of Legal, Economic and Health Impacts of Covid-19 in Saudi Arabia’ (2021) 6(0) Emerging Science Journal 1–14 Abstract: Since the outbreak of COVID-19, several researches have been conducted in different parts of the world, including Saudi Arabia. However, there is little focus of attention on qualitative exploration of the impacts of COVID-19 in the context of Saudi Arabia. The primary objective of this study was to explore the opinions of legal, economic, and medical experts pertaining to the impacts of COVID-19. The methodology employed in this paper was a qualitative research design. The data was collected with a specific focus on the use of an in-depth interview. Fifteen (15) participants among the legal, economic, and medical experts were finally used for the interview among the targeted participants. In order to analyze the data, different themes were generated from the transcribed interviews, which were: Overview of COVID-19, legal, economic, health impacts. The finding of the study revealed that the current pandemic of Covid-19 has multidimensional impacts in Saudi Arabia. The pandemic has negative impact not only on the social and economic areas but also on the legal sphere. Social and economic impacts of the Covid-19 increase the inequality, discrimination, unemployment, deprivation of usual education, and disruption in business activities. The findings further indicated that the legal impact of COVID-19 has been mentioned in the aspect of the inability to perform contracts that have the potential to trigger default or force majeure provisions leading to litigation or reconciliation. In addition, the participants also acknowledged the health impact of COVID-19 in causing anxiety, suffering from illness, loneliness, depression, and causing death, among others. If not properly addressed through effective measures and policy, the impact of the COVID-19 on the legal, economic, and health spheres would have severe consequences. Therefore, it is recommended that all the stakeholders, especially the government of Saudi Arabia should effectively and efficiently address the legal, economic, and health impacts of COVID-19.
Basheer, SK, ‘Ensuring Innovation and Access in COVID-19 Treatment: Challenges under Saudi Arabian Patent Law’ (2021) 27(2) Journal of Law and Political Sciences 72–100 Abstract: The COVID 19 pandemic has resulted in devastating social and economic impact. Hundreds of thousands of lives have lost and lives of billions more have been spilled. Apart from developing a successful Co-vaccine, the vital challenge is to ensure equitable access by accountability and transparency in vaccine allocation. ‘Nobody wins the race until everyone wins’ because this global infectious threat knows no boundaries. While 90% successful vaccines are set for the pandemic, patent regimes have to be ready with a well balanced mechanism promoting innovation and ensuring access to COVID 19 treatment. Call for ‘patent waver’ on COVID 19 was also a miserable failure. Equally alarming is pandemic profiteering by institutions like Vanderbilt University and AstraZeneca. Challenge before the international community is not simply the vaccine development;real threat is vaccine nationalization and patent monopolization. In this context the patent law of the kingdom has a critical role in spurring innovation on COVID 19 treatments and also it in ensuring equitable access of the vaccine to the developing countries.
Syria
Phillips, Roger Lu and Layla Abi-Falah, ‘Criminal Responsibility for the COVID-19 Pandemic in Syria’ (SSRN Scholarly Paper No ID 3664268, 30 July 2020) Abstract: Since the beginning of the Syrian conflict in 2011, the Syrian government has bombed healthcare facilities, attacked healthcare workers, and diverted humanitarian medical aid. These attacks not only decimated hospitals and led to numerous fatalities, but also crippled Syrian healthcare capacity leaving it entirely unprepared to address the COVID-19 pandemic. Initially denying that COVID-19 had affected the country, the Syrian government has since acknowledged its existence and accepted international humanitarian aid. However, it has renewed its approach to punish and suppress opponents by diverting medical aid away from parts of the country at highest risk of infection, namely current and former opposition-held areas such as Idlib, impeding healthcare’s ability to respond to COVID-19 in such areas. Health experts now estimate that an unmitigated outbreak in Idlib, the last redoubt of the opposition, could result in the deaths of up to 100,000 persons due to this illness – a situation that would not have arisen but for the Syrian government’s campaign of violence against healthcare. It is one of the foundational principles of international humanitarian law that the intentional targeting of health facilities constitutes a war crime. The Syrian Government’s attacks on such facilities have been well-documented and condemned in a series of reports issued by UN entities, journalists and non-governmental organizations. But the death and suffering caused by these attacks is not fully encompassed by reference to direct casualties alone. Thousands of Syrians have been deprived of routine medical treatment for acute illnesses as well as communicable diseases as a result of a deliberate strategy of eradicating access to healthcare. This article examines whether individual criminal responsibility may obtain for the Syrian government’s campaign of violence against healthcare which has led to the deaths and suffering through injuries and illness including due to COVID-19. By examining the concept of dolus eventualis, it concludes that the Syrian government’s acts and omissions in furtherance of a policy to attack healthcare as an institution constitutes murder and extermination as crimes against humanity and war crimes. It also concludes that by focusing the ire of the military on specific groups of civilians and intentionally causing their suffering, government and military officials may be guilty of the crimes against humanity of persecution, other inhumane acts, and torture.
United Arab Emirates
Abdulla, Mohammad Ibrahim Abdulrahim, ‘Use of Specialized Tribunals for the Settlement of Construction Projects in Times of a Financial Crisis: Lessons Learned from the Dubai 2009 Financial Crisis and the Covid-19 Pandemic’ (2023) 12(3) Global Journal of Comparative Law 256–279 Abstract: Abstract Financial crises have ripple effects throughout several sectors. Both the 2008 financial crisis and the recent covid-19 crisis significantly impacted the financial sector. The government of Dubai devised numerous legislative solutions to the 2008 crisis, one of which was creating special tribunals. The success of the legislative remedies adopted by Dubai’s government during the covid-19 crisis is also worthy of attention. This study aims to draw lessons from both crises in recognition of their considerable potential to serve as remedies during emergencies. Moreover, it seeks to analyze arbitration and insolvency/bankruptcy procedures utilized by specialized tribunals.
Al Jahoori, Sumaya Abdulrahim Hamdan Nasser, ‘Assessing the Legal Ramifications of the COVID-19 Pandemic on Administrative Contracts in the United Arab Emirates: Comparative Review’ (2024) 7(3) Access to Justice in Eastern Europe 461–484 Abstract: This study aims to establish whether COVID-19 qualified as a force majeure event or exceptional circumstance according to the laws of the United Arab Emirates (UAE) and assess if a particular principle can circumvent contractual duties. It investigates how COVID-19 impacted administrative contracts in the UAE, using UAE laws and case studies to explore legal theories that justify failure to perform an obligation in such contracts. The UAE, like many other countries, faced an unpredictable event and utilised all its resources and manpower to combat the danger and ensure the safety of its people. This resulted in various restrictions, such as mandatory quarantine for everyone entering the UAE and limitations on travel outside the country. Additionally, certain Emirates within the UAE, such as Abu Dhabi, imposed entry restrictions, requiring a negative COVID-19 test result for entry and later mandating that only vaccinated individuals were permitted to enter.
Al-Qatawneh, Ibrahim Suleiman, Aliaa Zakaria and Jamal Barafi, ‘Healthcare for Prisoners in Penitentiary Establishments during COVID-19: A Comparative Study between National Legislation and International Covenants’ (2024) 10(1) International Journal of Public Law and Policy 1–16 Abstract: This study examined the prisoner’s right to healthcare in penal facilities during health crises in three Arabic countries, namely the UAE, Jordan, and Bahrain. The study is rare in that it also deals with prisoner healthcare during a pandemic. The study considers the key international rules and standards governing prisoner healthcare and its development over the past 60 years, regarding the obligations of states and the rights of the prisoner and the constitutions of the study countries, their national legislations, and the measures taken to confront COVID-19, to identify the extent of their adequacy and effectiveness and compatibility with key international standards. Despite numerous measures being taken to protect the health of prisoners and the enactment of international and national legislations, at the time of writing, the pandemic is still uncontrolled; therefore, the study finds that exceptional measures continue to be required.
Alshamsi, Ahmed, Mohd Zakhiri Md Nor and Muhamad Noor Habibi Hj Long, ‘Legal Protection for Workers during the Spread of COVID-19 in the United Arab Emirates (UAE)’ (2023) 3(2) International Journal of Latin Notary [unpaginated] Abstract: Since the beginning of the pandemic COVID-19 that hit the world in December 2019, most countries of the world have passed legislation and measures that vary according to their need and nature. This research paper studies legal legislation passed in the UAE to protect workers from losing their source of livelihood while carrying out precautionary measures in the fight against the coronavirus and its continuous mutation. This paper adopted qualitative research method. The data be analysed by using thematic and content analysis method.This paper concludes that there are adequate legal protection for workers during the Spread of Covid-19 in the United Arab Emirates (UAE).
Alwasmi, Muna, ‘Criminal Responsibility to Protect the Child from the Dangers of the Virtual World after COVID-19; a Study from UAE Federal Legislation’ (SSRN Scholarly Paper No 4109325, 1 March 2022) Abstract: The UAE has taken care of children in various fields, for example, the establishment of motherhood and childhood councils and the Arab Parliament for the child, but the federal legislation still needs to enact laws that simulate the virtual world and protect the child from the dangers of the virtual world—determining criminal responsibility for exposing the child to dangers through the virtual world. After COVID-19, Education has become between physical, hybrid, and online. In this case, the child must simulate the virtual world to cancel an education through the virtual world. Who is responsible for protecting the child from the dangers of this world? Is the family? Or the school by setting a code to only direct entry to educational programs. The research relied on a qualitative research approach. It is suggested that a state cyber-safety strategy should be developed on which schools can center their rules, making it much simpler for stockholders to deal with cyberbullying and assure cyber-safety. Schools must emphasize teachers and their position in the approach and the level of power they have when intervening to prevent their kids from cyber-risks and cyberbullying both within and outside the school grounds while designing their cyber-safety rules. Because of its growing importance, schools should be urged to consider cyber-safety measures. Schools should conduct standard operating research, include all community stockholders in policy development, and evaluate their practices regularly. Furthermore, schools must verify that their rules are integrated and in line to prevent dispute and decrease repetition.
Barafi, Jamal et al, ‘Quarantine Regulations during the Coronavirus Pandemic: A Study in Light of National and International Legislation’ (2022) 11(2, Special Issue) Journal of Governance and Regulation 277-285 Abstract: Since the outbreak of COVID-19, countries have instituted multiple regulations and implemented various measures to preserve public health. One of the most important measures is quarantine, which restricts the right to freedom of movement enshrined in international and national laws (UN General Assembly, 1948). The study aims to clarify the freedom of movement concept and to consider the legality of quarantine as a restriction on this right (Talbi, 2021). It also aims to tackle the national regulations and procedures implemented in response to the COVID-19 pandemic in Jordan, the United Arab Emirates (UAE), and Kuwait. The research problem is the lack of clarity regarding the national legal framework and procedures related to quarantine, and the lack of deterrent penalties related to their violation, as well as the difference and disparity among the countries under study in response to the rules of international law and the application of procedures and penalties in the face of COVID-19. The authors relied on an analytical and comparative approach of the legislative provisions in addition to a statistical database published by a trusted website. The study concluded that the legal provisions related to confronting COVID-19 are still unclear and that the penalties do not serve as deterrents.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Ibrahim, Ahmed, Malack El Masry and Dania Yassin, ‘Embracing Change’ [2020] (Summer) International Financial Law Review 49–51 Abstract: Discusses how the coronavirus pandemic has affected corporate transactions and prospects of investment in the United Arab Emirates.
Mallet, Pierre, Najlaa Flayyih and Zeana Ghanim Abdijabar, ‘The Legal Value of Zoom’s Contractual Terms: A Comparative Analysis of the UAE and French Law’ (2023) 37(1) International Review of Law, Computers & Technology 110–125 Abstract: The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom’s contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom’s liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom’s liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world.
Taher, Qasim Muthanna and Abdul Ghani, ‘Criminal Liability for Intentionally Transmitting the COVID-19 Virus to Others in the UAE Law’ (2024) 16(2) Pakistan Journal of Criminology 959 Abstract: This study explores the alignment of the noble Islamic Sharia’s emphasis on preserving human life and safety with international conventions and national legislation, particularly in the context of the United Arab Emirates (UAE) response to the COVID-19 pandemic. Grounded in the principles of Islamic Sharia, which prioritizes the preservation of the soul, the study employs a qualitative analysis of the UAE’s health policies and legislative measures against the pandemic, guided by the World Health Organization’s recommendations and supported by a review of the UAE Constitution and global COVID-19 statistics. Findings reveal that the UAE’s comprehensive health and legislative measures to combat the pandemic align with Islamic Sharia and international health guidelines, highlighting the effectiveness of integrating religious principles with modern health policies for pandemic preparedness and response. This study offers valuable insights into enhancing public health crisis management through integrating religious principles and modern legislative measures, underscoring the importance of strengthening legislative and healthcare systems in controlling communicable diseases.
Thanvi, Irfan Ali, ‘UAE Legal Amendments During the Covid-19 Pandemic’ (2022) 7 Law & Political Review 109–127 Abstract: The pandemic known as COVID-19 has taken the entire globe with a blast. The outbreak which initiated in December 2019, has been reported to have spread across six continents of the world in just a single quarter. The UAE like many other developed countries of the world is trying its best to curb any further spread of the novel virus. Unfortunately, some sectors of the society have taken this situation to work in their vital interest to fulfil ulterior motives, while some others, due to the oblivion of the UAE law get jeopardized by the same token. This negligence on part of several people may turn costly. Hence, I as a lead author on UAE laws decided to research the entire scenario and provide certain plausible legal solutions to our valuable audience. The regulations of the UAE have drastically been amended during the current pandemic of COVID-19, enabling loads of revisions to existing laws. One of the most important issues during the lockdown has been to regulate food supplies and garner stocks. This has been an ancient practice but was never instituted under the prevalent laws of the UAE, as there was never a need for such an occurrence. Ever since the outbreak of COVID-19, as the UAE went under a complete lockdown, changing the world of all residents in a dramatic way. This book covers significant discussion on the impact of the pandemic on all walks of life including but not limited to education, health care, employment, trading, court procedures and many more. At Amazon Inc, we are trying our level best to apprise the public of the latest developments in various sectors due to the outbreak of the pandemic. Nonetheless, a disclaimer for the audience about these rules and regulations may be altered through the process of time.
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