Abstract
The main focus of this study is on the topic of the global epidemic of Covid-19 and international peace and security. The practice of the council indicates the expansion of its competencies and its extension from military to civilian threats. The council has twice before adopted resolutions on AIDS and Ebola, which have deemed the situation a threat to international peace and security. If the council wishes to apply the same logic to the description and assessment of the Covid-19, it will, as in the previous two cases, declare it a threat to international peace and security, given the extent of the spread of the disease. However, the Security Council became passive in the wind, and more than three months after the announcement of Covid-19 as a global epidemic by the World Health Organization, with the passage of UNSCR 2532 dated 1 July 2020, it considered international peace and security.
TopIntroduction
The outbreak of Covid-19 in 2020 became a major problem for the international community, and unfortunately, starting in China, it quickly became a pandemic. An epidemic is currently affecting many countries, including Iran. The nature of this virus requires an international community to respond appropriately to its inherent nature. Weapons and weapons will have no place for Arabs in this campaign. But because of the importance of this issue to the international community, some statesmen describe the fight against the Covid-19virus and the situation in their country in the literature more or less as “war [for health] and battle with the invisible enemy.”The Covid-19 virus attacks everyone regardless of gender, color, age, ethnicity, race, nationality, or religion. This invisible enemy will severely afflict the vulnerable. The spread of the Covid-19 virus has severely overshadowed various aspects of the social, economic, and cultural life of individuals and has caused great loss of life and property to individuals and legal entities around the world. The prevalence of contagious and contagious diseases is not new, and different lands have experienced it throughout history. Governments and international organizations have taken many steps to work together to prevent such diseases(Szymanski et al., 2020).
Apart from the dimensions of health and hygiene in the national arena, the World Health Organization (WHO) is its main trustee in the international arena. The preamble of the founding document of this organization specifically refers to the connection and connection of the two issues of health and hygiene with peace and security. On the other hand, international peace and security have been identified as one of the goals of the United Nations. The main task of maintaining international peace and security is with the Security Council. In achieving this goal, the council has the main task and not the exclusive one. The General Assembly and the Secretary-General of the United Nations may therefore take action following the provisions of the Charter; It seems that some measures have been taken in this regard. In the past, peace was meant to mean no war; today, this attitude has changed; many factors, such as poverty, climate change, terrorism, and the spread of infectious and contagious diseases worldwide, can jeopardize international peace and security. Due to the multifaceted nature of the Covid-19 outbreak, the international dimension can be analyzed from different angles. The legal aspects of the subject of the Covid-19 can be considered in various sections of international law, such as the law of international organizations, the settlement of disputes and international liability, and so on. The human and commercial dimensions of Covid-19 should not be overlooked(Siche, 2020).
Regarding the dimensions of human rights, the issue of individual rights and freedoms is raised; What is more, the implementation of collective quarantine will create restrictions on the movement and residence of individuals. In the field of trade, these three issues can be considered; Because the principle of trade liberalization is one of the important goals of the World Trade Organization on the one hand, and the imposition of restrictions and bans on imports and exports, on the other hand, can create problems. In general, various issues related to the trade of goods, services, and intellectual property of vaccine and drug companies in international trade law and the right of individuals to access vaccines, drugs, and disinfectants are necessary to prevent the spread of disease and disease. They incite humanity. Governments have long quarantined efforts to prevent the spread of infectious diseases such as cholera, plague, yellow fever, etc.
On the other hand, the states were faced with two necessities: protecting national security and protecting the freedom of exchange, which must somehow reconcile the two. In other words, guaranteeing a minimum of trade in exchange for ensuring maximum safety and health could be considered a way out of the current situation. The main topic of this research is the Covid-19 outbreak and international peace and security. This study seeks to answer whether the spread of Covid-19 is a threat to international peace and security. To answer this question, the international dimension of Covid-19 and its description as a civilian threat to international peace and security is examined, followed by the initial inaction of the Security Council and finally, the adoption of a recent resolution on this issue(Pooter, 2013).
Key Terms in this Chapter
Sustainable Development: Defined by the United Nations Environment Programme as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs,” sustainable development may be considered together with the concepts of “integration” (development cannot be considered in isolation from sustainability) and “interdependence” (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. The modern concept of sustainable development was discussed at the 1972 United Nations Conference on the Human Environment (Stockholm Conference) and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration, Principle 3 of which reads: “The right to development must be fulfilled to equitably meet developmental and environmental needs of present and future generations.” Sustainable development has been a core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002 AU27: The in-text citation "Earth Summit 2002" is not in the reference list. Please correct the citation, add the reference to the list, or delete the citation. ) and the United Nations Conference on Sustainable Development (Earth Summit 2012 AU28: The in-text citation "Earth Summit 2012" is not in the reference list. Please correct the citation, add the reference to the list, or delete the citation. , or Rio+20).
The Polluter Pays Principle: The polluter pays principle stands for the idea that “the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.” All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle.
Transboundary Responsibility: Defined in the international law context as an obligation to protect one’s environment. UNEP considers transboundary responsibility at the international level to prevent damage to neighboring environments at the international level as a potential limitation on the rights of the sovereign state. Laws that limit externalities imposed upon human health and the environment may be assessed against this principle.
Public Participation and Transparency: Identified as essential conditions for “accountable governments,... industrial concerns,” and organizations generally, public participation and transparency are presented by UNEP as requiring “effective protection of the human right to hold and express opinions and to seek, receive and impart ideas, etc. a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality,” and “effective judicial and administrative proceedings.” These principles are present in environmental impact assessment, laws requiring publication and access to relevant environmental data, and administrative procedures.
Prevention: The concept of prevention etc. can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing, or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies. Emission limits and other product or process standards, the use of best available techniques, and similar techniques can all be seen as applications of the concept of prevention.
Equity: Defined by UNEP to include intergenerational equity - “the right of future generations to enjoy a fair level of the common patrimony” - and intragenerational equity - “the right of all people within the current generation to fair access to the current generation’s entitlement to the Earth’s natural resources” - environmental equity considers the present generation under an obligation to account for long-term impacts of activities and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle.
Precautionary Principle: One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Environmental Law: Environmental law is a collective term encompassing aspects of the law that protect the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focuses on managing specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category but are nonetheless important components of environmental law. Previous research found that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, usually in well-developed regions. In less-developed states, changes in moral values are necessary for successful legal implementation when environmental law differs from moral values.