2020
DOI: 10.1017/ajil.2020.69
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The Pandemic Paradox in International Law

Abstract: This Essay examines a series of paradoxes that have rendered the international legal order's mechanisms for collective action powerless precisely when they are needed most to fight COVID-19. The “patriotism paradox” is that disengagement from the international legal order weakens rather than strengthens state sovereignty. The “border paradox” is that securing domestic populations by excluding noncitizens, in the absence of accompanying regulatory mechanisms to secure adherence to internal health measures, acce… Show more

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Cited by 5 publications
(2 citation statements)
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“…Territorial integrity is closely linked to the concept of self-determination, which is a subject of ongoing debate (Stavenhagen, 2019). The principle of territorial integrity is subject to external and internal constraints, with international law and norms as external constraints, and domestic political institutions and social factors as internal constraints (Danchin et al, 2020). The impact of globalization and technological advancements on territorial integrity is also a subject of ongoing debate (Agnew, 2020).…”
Section: Territorial Integritymentioning
confidence: 99%
“…Territorial integrity is closely linked to the concept of self-determination, which is a subject of ongoing debate (Stavenhagen, 2019). The principle of territorial integrity is subject to external and internal constraints, with international law and norms as external constraints, and domestic political institutions and social factors as internal constraints (Danchin et al, 2020). The impact of globalization and technological advancements on territorial integrity is also a subject of ongoing debate (Agnew, 2020).…”
Section: Territorial Integritymentioning
confidence: 99%
“…Globalization does need legal certainty for dispute settlement 137 because of already built legal barriers 138 to both commercial matters and other transnational agendas. 139 Becoming a Member of the HCCH should be the cornerstone to develop the PIL.…”
Section: A Brief Observation Of Pil Studiesmentioning
confidence: 99%