REVISITING THE LEGALITY OF TRAVEL RESTRICTIONS UNDER INTERNATIONAL LAW DURING COVID-19
The International and Comparative Law Quarterly
; 71(3):743-760, 2022.
Article
in English
| ProQuest Central | ID: covidwho-1960173
ABSTRACT
Under the International Health Regulations (IHR), States must consider decision-making criteria in applying travel restrictions during a public health emergency of international concern. Interpretation on the legal parameters of such restrictions varies widely. This article considers whether and how the permissibility of travel restrictions under the IHR may have changed given recent developments, including evolving scientific evidence about their efficacy and shifting World Health Organization (WHO) advice. It is argued that such determinations must conform to the principles of necessity and proportionality as articulated by the IHR, and must also be accompanied by the correlative IHR duties of collaboration and assistance rooted substantively in global solidarity.
Law--International Law; travel restrictions; COVID-19 pandemic; International Health Regulations; restrictive measures; international human rights law; International travel; COVID-19; Public health; Severe acute respiratory syndrome coronavirus 2; Legality; International law; Efficacy; Decision making; Trade restrictions; Travel; Bans; Health risks; International; Epidemics; Health risk assessment; Regulation; Parameters; Coronaviruses; Human rights; Scientific evidence; South Africa
Full text:
Available
Collection:
Databases of international organizations
Database:
ProQuest Central
Language:
English
Journal:
The International and Comparative Law Quarterly
Year:
2022
Document Type:
Article
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