The Perils of Pandemic Exceptionalism
American Journal of International Law, Vol 114, No. 3, 2020 Forthcoming
10 Pages Posted: 2 Sep 2020 Last revised: 13 Oct 2020
Date Written: July 20, 2020
In response to the pandemic, most states have enacted special measures to protect national economies and public health. Many of these measures would likely violate trade and investment disciplines unless they qualify for one of several exceptions. This Essay examines the structural implications of widespread anticipated defenses premised on the idea of “exceptionalism.” It argues that the pandemic reveals the structural weakness of the exceptions-oriented paradigm of justification in international economic law.
Keywords: International Law, Trade, Investment, Exceptions, Pandemic, Covid-19
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