Only new forms of human compassion and solidarity can help overcome the lethal and formidably grim challenge posed since the covid 19 pandemic. Even amidst the disease and death caused by the pandemic, theoretical discourse rages, on the one hand on the intensification of the state of exception in combating COVID-19 and, on the other, the projection of the crisis as an opportunity for building a new future for global politics marked by empathy, fraternity, justice, and rights.

Respect for the norms and standards of international law is among the paramount constitutional duties of the state under Article 51 of the Constitution
The UN is a site of systems of norm enunciation. Along with the International Law Commission, it is responsible for the progressive codification of law. The UN system has developed lawmaking and framework treaties as well as provided auspices for systems of “soft” law that may eventually become the binding law.
Norms of international law are robust and deeply relevant. For example, the peremptory jus cogens i.e. the principles which form the norms of international law that cannot be set aside — a few fundamental, overriding principles of international law such as crimes against humanity, genocide, and human trafficking apply to all states.

And Article 53 of the Vienna Convention on the Law of Treaties goes so far as to declare that a “treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law”. International Court of Justice (ICJ) has held, in 2007, that states have a duty to prevent and punish acts and omissions that eventually furnish elements for the commission of crime of genocide.

There also exist erga omnes(meaning, towards everyone) rules prescribing specifically-determined obligations which states owe to the international community as a whole. Other sets of international law obligations are primarily derived from the no-harm principles crystallised in the International Law Commission’s 2001 Draft Articles on the Prevention of Transboundary Harm (DAPTH) and the Paris Framework Agreement on Climate Change, 2015.

Due diligence obligations certainly extend beyond local and national boundaries, especially because the environmental problems have a transboundary impact. Each state is obliged to observe these standards in the fight against COVID-19 as a matter of international law. Obligations relates to the other core human rights measures — no law or policy to combat epidemics or pandemic can go against the rights of migrant workers, internally displaced peoples, and refugees and asylum seekers.

Respect for the inherent dignity of individuals in combating COVID-19 and for the rights of equal health for all, non-discrimination, and the norms of human dignity further reinforce accountability and the transparency of state and other social actors.

The Biological and Toxin Weapons Convention (BTWC) is pertinent here. India did not subscribe to any conspiracy or racist theory about the origins of COVID-19 — in fact, India’s foreign minister rightly affirmed the BTWC obligations on March 26 (on the 40th anniversary of that Convention). Surely, this global and non-discriminatory disarmament convention deserves applause because it outlaws a whole range of weapons of mass destruction. India has, and rightly so, called for “high priority” to “full and effective implementation by all states parties”.

Fight against COVID-19 has to be a full-throated repudiation of an ancient Latin maxim, inter arma enim silent leges (in times of war, the law falls silent). Combating this fearsome pandemic calls for dedication to international law obligations and frameworks.

Sources :

https://www-thehindu-com.cdn.ampproject.org/v/s/www.thehindu.com/opinion/lead/india-needs-to-enact-a-covid-19-law/article31529036.ece/amp/?amp_js_v=a6&amp_gsa=1&usqp=mq331AQKKAFQArABIIACAw%3D%3D#aoh=16268003095676&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Fwww.thehindu.com%2Fopinion%2Flead%2Findia-needs-to-enact-a-covid-19-law%2Farticle31529036.ece

https://indianexpress-com.cdn.ampproject.org/v/s/indianexpress.com/article/opinion/columns/india-lockdown-quarantine-coronavirus-cases-upendra-baxi-6355478/lite/?amp_js_v=a6&amp_gsa=1&usqp=mq331AQKKAFQArABIIACAw%3D%3D#aoh=16268010415589&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Findianexpress.com%2Farticle%2Fopinion%2Fcolumns%2Findia-lockdown-quarantine-coronavirus-cases-upendra-baxi-6355478%2F

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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