The Perils of Pandemic Exceptionalism

American Journal of International Law, Vol 114, No. 3, 2020 Forthcoming

10 Pages Posted: 26 Jul 2020

See all articles by Julian Arato

Julian Arato

Brooklyn Law School

Kathleen Claussen

University of Miami School of Law; Georgetown University Law Center, Institute of International Economic Law

J. Benton Heath

Temple University Beasley School of Law

Date Written: July 20, 2020

Abstract

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

Suggested Citation

Arato, Julian and Claussen, Kathleen and Heath, J. Benton, The Perils of Pandemic Exceptionalism (July 20, 2020). American Journal of International Law, Vol 114, No. 3, 2020 Forthcoming, Available at SSRN: https://ssrn.com/abstract=3656796 or http://dx.doi.org/10.2139/ssrn.3656796

Julian Arato (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

Kathleen Claussen

University of Miami School of Law ( email )

1311 Miller Dr
Coral Gables, FL 33146
United States

Georgetown University Law Center, Institute of International Economic Law ( email )

J. Benton Heath

Temple University Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

HOME PAGE: http://https://www.law.temple.edu/contact/j-benton-heath/

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