تَبِعاتُ جَائِحَةِ کُورُونَا في ضَوْءِ القَانُونِ الدَّوْلِيِّ الخَاصِّ (القَانُونُ الوَاجِبُ التَّطْبِيقِ - الاخْتِصاصُ القَضائِيُّ) دِراسَةٌ تَحْلِيلِيَّةٌ فِقْهِيَّةٌ قَضَائِيَّةٌ مُقارِنَةٌ | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 10, Volume 7, Issue 2, December 2021, Pages 1-139 PDF (2.16 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2021.207222 | ||
| Author | ||
| هايدي عيسى حسن علي حسن | ||
| کلية الحقوق – جامعة القاهرة | ||
| Abstract | ||
| Abstract The COVID-19 pandemic has had tremendous consequences for the entire world at various levels. No one, young or old, escaped the impact of the pandemic. This has led States to take quick measure in order to protect their people from the dangers of this pandemic and to confront its raging outbreak: at times by attempting to interrupt normal life and at other times by resuming normal life in the light of preventive measures. Since the consequences of the pandemic have transcended national borders, it is only natural for the legal sector, in general, to be greatly affected by the pandemic. Here, we are concerned with the applicable law as well as the jurisdiction. The study is divided into two parts. The first part clarifies the applicable law in times of the COVID-19, by addressing some obstacles facing the law applicable in that time. This part will focus on five topics: the law applicable to protection of personal data; the status of an international traveler who violates national quarantine laws; contraction of the Coronavirus (from people or surfaces); international commercial contracts affected by the pandemic and canceled, postponed or delayed events and dealings. Moreover, the study will show the extent to which governmental decisions related to COVID-19 are considered overriding mandatory rules from a comparative legislative perspective by showing the situation of Italy, France, Egypt and Greece. The second part highlights some issues of jurisdiction in times of the COVID-19. This part is divided into three topics: the effects of this pandemic on the progress of judicial procedures by showing the need for virtual courts and their mechanism of work, circumstances of mass litigation during the COVID-19 as applied in the Dutch judiciary and the consequences of the pandemic on child abduction lawsuits. This part also includes some jurisdictional applications relating to the pandemic represented in the position of the English, Egyptian and German judiciary as well as the European Union. The study will tackle also the possibility of suing the State due to the pandemic and the position of companies in this regard as well China's position regarding judicial claims for compensation due to the outbreak of the Coronavirus. Finally, the study will examine the role of the International Health Regulations (IHR) of the World Health Organization in combating the pandemic. Furthermore, one of the most valuable ideas worthy of studying is the practical proposal to establish a network of remote courts around the world. It seems the pandemic has a positive aspect after all. In order to better present the topics, the study used three methods: comparative, analytical, and historical approaches. Keywords: COVID-19 - Applicable Law - Personal Data - Infection - International Traveler - Postponed and canceled events and deals -Overriding Mandatory Rules - Jurisdiction - Virtual Courts - mass litigation - Child abduction - comparative judiciary - lawsuit against the state - Remote Courts. | ||
| Keywords | ||
| کورونا - قانون واجب التطبيق; بيانات شخصية; عدوى; مسافر دولي; فعاليات وصفقات مؤجلة وملغاة - القوانين ذات التطبيق الضروري - اختصاص قضائي; محاکم افتراضية; تقاضي جماعي; دعاوى الحضانة; قضاء مقارن; مُساءلة الدولة; محاکم عن بعد | ||
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