The COVID-19 Pandemic in Cyprus: A Problematic Legal Regime, and the Potential of Rule of Law in Emergencies

In the first part of this chapter, we shall argue that the legal regime under which most of the COVID-19 measures were adopted in Cyprus is problematic both from the standpoint of the democratic principle and from the standpoint of the meta-principle of rule of law. In the second part, in the context of an analysis of the path that the Republic of Cyprus did not follow, i.e. a Proclamation of Emergency under Art. 183 of the Constitution, we shall see how a "compulsion of legality” (Dyzenhaus) was incorporated into the emergency doctrine upon which the operation of the constitutional order of Cyprus has been based since 1964. The doctrine of necessity in Cyprus illustrates the potential of the rule of law even in emergencies. The "compulsion of legality” which animates the Cypriot version of the doctrine of necessity affirms the importance of legislative action and of judicial review. At least on COVID-19 measures, this compulsion should orient courts away from constructions (such as the doctrine of "actes de gouvernement”) which insulate executive action from judicial scrutiny. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.

Autonomous Musicians and Neoliberal Rationality in the Music Industry of the Digital Age

The music industry, although not a recent activity, has been under new configurations since digital platforms and recording tools became popular among freelance musicians. The emergence of new artists in this market makes us think about how subjects are mobilized to deal with these devices and, more than that, how contact with the new labor front enhances informal work. Through a theoretical essay that correlates the concepts of "shock doctrine" (KLEIN, 2 2007) and "neoliberal understanding " (FOUCAU, 2001) with musical work, it is sought as an autonomous musician to incorporate neoliberal behaviors and discourses. More than observing the causes and consequences of this outbreak, the movement that has been transforming a creation of itself, the entrepreneur of respect. Thus, it is intended how the artists -namely: new autonomous musicians -deal with the work of phonographic production in digital. As a focus of analysis, I sometimes use experiences of Aracaju singers, who work actively, at least in productions, the beginning of 2021, when the Aldir Blanc law, instituted during the COVID-19 pandemic, stimulated the artistic class through public notices.

Exception states and the fight against power immunities: COVID-19 in Ecuador

The general objective of the research consists of relating the states of exception with the doctrine of administrative law, exposed by Garcia de Enterria (2016), called fight against the immunities of power, in order to conceptualize the decrees with force of law on states of exception;with special reference to the decrees with force of law on states of exception for public calamity pandemic COVID-19, issued by the President of the Republic of Ecuador throughout the national territory, during the period from March 17, 2020 to September 1, 2020. The methodology refers to the documentary research strategy, supported by the analytical method. It is concluded that the COVID-19 pandemic puts at risk the existential conditions of the State: population, territory and government, due to the immediate spread of the coronavirus and the President of the Republic of Ecuador finds himself in the need to dictate acts of normative content, subject to internal -political and legal -and international control, containing measures of restriction and suspension of rights in a discretionary manner and with regulated elements, based on the principle of proportionality, called decrees with force of law on states of exception.

The governance shock doctrine: Civic space in the pandemic

MotivationEmergencies heighten societies' need to be governed. Accordingly, the COVID‐19 pandemic put systems of public governance under severe pressure across the globe. Civic freedoms were widely curtailed for public health reasons. Scarce resources needed to be allocated swiftly, with little opportunity for debate.PurposeIn settings characterized by authoritarianism, violent conflict, and restricted civic space, relations between governments, civil society, and citizens at best tend to be fragile and fraught even in "normal” times. What happens when these settings are rocked by a profound shock such as the onset of a global pandemic?Methods and approachThis article is based on research on civic space and civic action shortly after the onset of the pandemic in three such settings—Mozambique, Nigeria, and Pakistan. Civil society advocates in each country tracked and interpreted events in real time, debated their responses, supplemented their own knowledge through key informant interviews, and compared experiences across countries.FindingsI argue that the three governments' responses to the COVID‐19 pandemic constitute a "governance shock doctrine,” based on the premise that shocks bring responses from the powerful that advance certain agendas. This patterned phenomenon, visible across the three countries, consists of "securitization” of the public health emergency, suppression of dissent, extension and centralization of executive powers, curtailment of press freedoms, and tightened regulation of civic space, including online space. Civic activism navigated or combated these attacks in various ways.Policy implicationsMeasures adopted in emergency situations tend to persist, threatening to lock civil society into living with pandemic‐era restrictions. Preventing this should be a global priority, and especially important where authoritarianism already looms. An energetic mobilization among national and international actors to reassert and protect civic space is needed if the erosion of civil liberties and normalization of autocratic governance wrought by the political‐military apparatus in so many countries during the COVID‐19 pandemic is not to become permanent, and if the inspired and progressive innovations in organic civic activism over the 2020–2021 crisis period are to survive and flourish.

The governance shock doctrine: Civic space in the pandemic

Motivation: Emergencies heighten societies' need to be governed. Accordingly, the COVID-19 pandemic put systems of public governance under severe pressure across the globe. Civic freedoms were widely curtailed for public health reasons. Scarce resources needed to be allocated swiftly, with little opportunity for debate. Purpose: In settings characterized by authoritarianism, violent conflict, and restricted civic space, relations between governments, civil society, and citizens at best tend to be fragile and fraught even in "normal” times. What happens when these settings are rocked by a profound shock such as the onset of a global pandemic?. Methods and approach: This article is based on research on civic space and civic action shortly after the onset of the pandemic in three such settings—Mozambique, Nigeria, and Pakistan. Civil society advocates in each country tracked and interpreted events in real time, debated their responses, supplemented their own knowledge through key informant interviews, and compared experiences across countries. Findings: I argue that the three governments' responses to the COVID-19 pandemic constitute a "governance shock doctrine,” based on the premise that shocks bring responses from the powerful that advance certain agendas. This patterned phenomenon, visible across the three countries, consists of "securitization” of the public health emergency, suppression of dissent, extension and centralization of executive powers, curtailment of press freedoms, and tightened regulation of civic space, including online space. Civic activism navigated or combated these attacks in various ways. Policy implications: Measures adopted in emergency situations tend to persist, threatening to lock civil society into living with pandemic-era restrictions. Preventing this should be a global priority, and especially important where authoritarianism already looms. An energetic mobilization among national and international actors to reassert and protect civic space is needed if the erosion of civil liberties and normalization of autocratic governance wrought by the political-military apparatus in so many countries during the COVID-19 pandemic is not to become permanent, and if the inspired and progressive innovations in organic civic activism over the 2020–2021 crisis period are to survive and flourish. © 2022 The Author. Development Policy Review published by John Wiley & Sons Ltd on behalf of ODI.

The OSHA COVID-19 Case and the Scope of the Occupational Safety and Health Act.

The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for COVID-19 applicable to private sector employers with 100 or more employees. Among other things, the ETS required employers either to mandate employee vaccination or weekly testing and wearing masks.

Reading Covid-19 Pandemic in the Light of the Epistemology of Francis Bacon

This study aims to discuss the potential that the epistemology of Fran-cis Bacon has concerning our epistemic actions during the Covid-19 pandemic. In the study, it will be asserted that the thoughts-warnings-disclosures of Bacon on the subject of epistemology will contribute positively to our epistemic actions during the pandemic that we have been experiencing over the last two years. The study concludes that the epistemology of Bacon and especially his doctrine of idols has three positive interrelated contributions which are valid during the pan-demic. Firstly, it is understood that such an epistemology will give epistemic power to the individuals concerning to be able to see and understand the scien-tific realities that are different from the existing and established scientific con-sensus. Secondly, it is concluded that such epistemic power enables to have ep-istemic liberalization which makes it possible to pay attention to the different scientific knowledge during the pandemic. In this regard, it is concluded that we need to be liberated epistemically from the illusions that prevent us from making true judgments during the pandemic. Finally, we conclude that such a liberaliza-tion obtained by Bacon's epistemology helps us to have epistemic healing in that it shows us which scientific knowledge to value and explains the distinctive kinds of illusion forms in our epistemic actions.

COVID as Shock Doctrine

The objective of this research is to investigate, from an interdisciplinary perspective between sociology, psychology, law and history, the management of the coronavirus crisis, which in the Spanish case is based on authoritarian lounge dure logics rooted in the XIX and absolutism. With the use of measures imposed by the authorities and assumed by a terrified citizenry, governments and the media have generated a turning point that has dismantled the associative fabric and the social movements that emerged in response to the bursting of the real estate bubble that occurred in Spain. © GKA Ediciones, authors.

Coronavirus Pandemic and Contractual Justice: Legal Solutions and Realistic Approaches: A Study in Qatari Civil Law and Comparative Practices

This article examines challenges and proposes legal solutions for the enforcement of contracts especially after the transformation of the economy following Covid-19 and related governmental measures that have swept throughout the world since December 2019. Maximising the role of the judge and increasing the contractual parties' involvement in phases of contractual disputes constitute the core of this research. This article argues for strengthening the contractual guarantees by advocating for the use of the two contract doctrines of force majeure that normally lead to termination of contractual obligations, and changed circumstances that may trigger intervention of the judge to lift the economic burden of the debtor and reach a fair solution. This article also argues for adopting a more flexible approach to the application of the doctrine of change of circumstances during the performance of the contract that not necessarily relies on this traditional distinction between force majeure and hardship.

CONTRACTING RISKS

Contracts serve an important function: allocation of risks. In achieving this function, contractual parties routinely include a force majeure clause in their contracts to be excused from performance in the face of a supervening event. But how do force majeure clauses allocate risks? This Article breaks down this inquiry into three interrelated questions: (i) why do parties include force majeure clauses considering the robust common law excuse doctrines such as impossibility? (ii) How have courts historically approached force majeure clauses? And (iii) what serves as the most equitable and efficient framework for the risk-allocative function of force majeure clauses? This Article's fresh look at force majeure clauses will inform courts' approach to a slew of claims arising out of Covid-19 disruptions and future shocks. Using empirical methods (including machine learning and natural language processing) and doctrinal analysis, this Article makes the following contributions: First, based on empirical analysis of force majeure clauses and behavioral economics, it argues that parties primarily do away with common law's basic assumption (ex ante) requirement in their force majeure clauses to focus instead on ex post analysis. Second, 'using computational methods on force majeure cases since 1810, it shows that the control factor (as opposed to foreseeability, parties' intent, and contractual language) has been the leading factor in courts' decisions. Third, the Article normatively suggests an overhaul shift towards a proportional ex post analysis of force majeure clauses which allocates risks pursuant to promisor's measures to control the effects of the supervening event and promisee's degree of reliance on contractual promises.

Differences and Commonalities Between Terrorism and COVID-19: Globalization in Ruins

In the present essay review, we have placed the notion of the War on Terror on the critical lens of scrutiny. Far from being a foundational event, the global pandemic affirms a trend that originated after the War on Terror. In both the idea of living with the enemy persist. The modern nation-state, which is supported by the health system, deploys disciplinary instruments to detect, trace and isolate the undesired guest. In the days after 9/11, surveillance technologies were used to spy on different citizens who were suspected to be terrorists. In the post COVID19 context, all we are suspected to be terrorists (carriers) who place the social order in jeopardy. Of course, terrorism and the virus have certain differences which merit being mentioned. Terrorism is moved by political and psychological aims while COVID-19 is simply a virus (disposed of any reasoning and will). Nevertheless of this fact, the reaction of society that exacerbates the instrumentalist gaze seems to be the same.

On the Impact of the Coronavirus Pandemic on the Need to Rethink the Concept of the Environmental Legislation

Introduction: the coronavirus pandemic has led to severe medical, economic, political and other consequences, but the causes of its occurrence have not been sufficiently studied in the social sciences. The authors propose a discussion of this problem from the standpoint of the philosophy of environmental law. The purpose of the research: to show the relationship between the state of the environment and human health, to argue the hypothesis that the coronavirus pandemic is caused by the environmental factors. Tasks: to determine the main content elements of the philosophy of environmental law;provide arguments in favor of the hypothesis about the impact of environmental pollution on the life and health of not only humans, but also wild animals;offer a list of legislative measures to reduce the human pressure on nature, which will prevent or reduce the response of Nature to human exposure. Methods: dialectical, system, logical, analysis, synthesis. Results: the close relationship between philosophy and law is studied, on the basis of which a new direction of scientific research can be formulated – “the philosophy of environmental law”. The use of the new methodology allows us to put new scientific hypotheses and search for answers to current problems of modern social life, including those related to the appearance and consequences of the coronavirus. Conclusions: the authors argue for a systemic relationship between the environmental degradation and the response of Nature, which is manifested not only in the climate change, but also in the emergence of new types of “environmental diseases” which are common to humans and animals. Overcoming the deadly threat to humanity is only possible by changing the established consumer worldview, which should be manifested in a new perception of Nature and the resulting change in the environmental legislation.Alternate : Введение: пандемия коронавируса привела к тяжелым медицинским, экономическим, политическим и иным последствиям, однако причины ее появления исследованы в общественных науках недостаточно. Авторы предлагают обсуждение этой проблемы с позиций философии экологического права. Цель исследования: показать взаимосвязь между состоянием окружающей среды и здоровьем человека, аргументировать гипотезу обусловленности пандемии коронавируса экологическими факторами. Задачи: определить основные содержательные элементы философии экологического права;привести аргументы в пользу гипотезы о влиянии загрязнения окружающей среды на жизнь и здоровье не только человека, но и диких животных;предложить перечень законодательных мер, позволяющих уменьшить давление человека на природу, что позволит предотвратить или уменьшить ответные реакции Природы на воздействие человека. Методы: диалектический, системный, логический, анализ, синтез. Результаты: исследована тесная взаимосвязь философии и права, на основе которой может быть сформулировано новое направление научных исследований – «философия экологического права». Использование новой методологии позволяет ставить новые научны µ гипотезы и искать ответы на актуальные проблемы современной общественной жизни, в том числе связанные с появлением и последствиями коронавируса. Выводы: аргументируется вывод о системной взаимосвязи ухудшения состояния окружающей среды и ответной реакции Природы, проявляющейся не только в изменении климата, но и в появлении новых видов «экологических болезней», общих у человека и животных. Преодоление смертельной угрозы для человечества возможно лишь посредством изменения устоявшегося потребительского мировоззрения, что должно проявиться вновом восприятии Природы и обусловленного этим изменении экологического законодательства.

Mindfulness-Based Attention Training to Bolster Small Team Performance

The overarching aim of this proposal is to develop, deliver, and investigate the efficacy of MBAT-Team (MBAT-T) as a tool to promoteindividual cognitive performance, resilience, interpersonal interactions, and team-level operational performance. The MBAT-T programwill be tested and compared to the standard MBAT for individuals (MBAT-I) and a no-training control group. We hypothesize thatMBAT-T will benefit squads across all 3 key domains: cognitive performance and resilience, interpersonal interactions, and team-leveloperational performance. We have received approval from the University of Miami IRB and HRPO (Army), have secured a site for theproject, and are on track regarding the coordination with the testing sites, research consultants and delivery of the practicum to the trainerswho will be delivering the MBAT program. The creation of the MBAT-Team course materials and trainer materials are near completion,and significant progress has been made on the preparation and development of the neurobehavioral testing battery for the project. Insummary, our timely success reaching our project milestones over this past year leave us well positioned for continued success in theexecution of this project in the coming year(s).

Command and Control with Human-Machine Teams

The amount of information to analyze in the decision-making process for command and control is increasing past human cognitive limits. The effects of augmenting human information processing with machine-processing capability are not fully understood. This research examined the interdependence between machine and human teammates and its impact on the current command and control structure. The experiment (2X4 repeated measures analysis) was conducted online utilizing Qualtrics and Amazons Mechanical Turk. Each of the 119 participants was asked a set of questions about 34 faces. Participants were asked to identify the category of the face and what reaction they would have, friendly or defensive. This question order was reversed and each of the questions was asked individually. This process was repeated while adding the assistance of a machine teammate. The machine teammate displayed a suggested answer to the first question that the human had to acknowledge before continuing to answer. This research is preliminary. However, conceptually, the additional communication between a human and machine teammate adds time into the command and control process. This interaction may also affect the decision maker by priming the human to an action or through automation bias. Furthermore, reducing information to the human in a human-machine team has significant potential to reduce team situational awareness. Follow-on research is needed before any conclusions can be reached.

China's Increasing Influence in Tunisia: Implications for U.S. National Security

Africa remains relevant to U.S. national security strategy, particularly in the context of great power competition. In the 2017 National Security Strategy, the U.S. classifies China as a revisionist power and views China's increasing influence in Africa as an emerging security threat. Recent U.S. Africa Command posture statements reflect the U.S. policy shift focused on countering China's increasing influence. China is emerging as a major competitor seeking to gain strategic positions of advantage in the international system. The nature of these challenges demand that the U.S. be prepared to meet these threats across the range of military operations. Recent studies highlight the fact that China is challenging U.S. interests in the Indo-Pacific region. Does the same hold true in Africa? This study examines the case of Tunisia. The purpose of this research is to support or challenge the position that China poses the primary threat to U.S. interests in Tunisia. If not, does the U.S. military's main focus on China have negative effects, diverting attention and resources from other threats in North Africa?

The military deployment in the national territory on the occasion of the COVID-19 pandemic: defense support duties to the civil authority

The Colombian National Army has the premise of supporting the civil authority in the exercise of government as part of its military operations. Therefore, it is imminent to highlight the support duties to the defense of the civil authority (ADAC) as a military action inherent to the constitutional mission imposed. In this sense, the territorial authorities must make use of this legitimate tool granted by the Constitution and the laws at all levels for the maintenance of public order. Such tool has been coordinated and synchronized in a unity of effort to achieve a common goal, which, in this case, is the containment of the COVID-19 pandemic. The use of military forces is not exclusive to the state of war or internal disturbance;accordingly, it is a multiplier of capacities in any state of emergency legitimately decreed by the Executive, such is the case of the current situation in which the role of the military forces contributes significantly to the social discipline that is required in the midst of the measures of sanitary distancing.

The COVID-19 Pandemic: A Month of Bioethics in Finland-ADDENDUM.

The role of bioethicists amidst crises like the COVID-19 pandemic is not well defined. As professionals in the field, they should respond, but how? The observation of the early days of pandemic confinement in Finland showed that moral philosophers with limited experience in bioethics tended to apply their favorite theories to public decisions with varying results. Medical ethicists were more likely to lend support to the public authorities by soothing or descriptive accounts of the solutions assumed. These are approaches that Tuija Takala has called the firefighting and window dressing models of bioethics. Human rights lawyers drew attention to the flaws of the government's regulative thinking. Critical bioethicists offered analyses of the arguments presented and the moral and political theories that could be used as the basis of good and acceptable decisions.

The COVID-19 Pandemic: A Month of Bioethics in Finland.

The role of bioethicists amidst crises like the COVID-19 pandemic is not well defined. As professionals in the field, they should respond, but how? The observation of the early days of pandemic confinement in Finland showed that moral philosophers with limited experience in bioethics tended to apply their favorite theories to public decisions, with varying results. Medical ethicists were more likely to lend support to the public authorities by soothing or descriptive accounts of the solutions assumed. These are approaches that Tuija Takala has called the firefighting and window dressing models of bioethics. Human rights lawyers drew attention to the flaws of the government's regulative thinking. Critical bioethicists offered analyses of the arguments presented and the moral and political theories that could be used as the basis of good and acceptable decisions.