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An Analysis of COVAX’s Equity Mandate with Reference to Liability and Indemnity

April 15, 2024 ∙ ARTICLE

This Article analyzes the logistics and operational considerations, as well as the equity aspects of the approach to liability and indemnification requirements, in respect of COVID-19 vaccines distributed through the COVAX Facility, a global risk-sharing mechanism for pooled procurement and equitable distribution of COVID-19 vaccines that was launched on April 24, 2020. While there is a significant body of literature assessing the original equity rationale behind COVAX, there has been less investigation as to how the risks of vaccines, as opposed to their benefits, were shared within COVAX’s redistributive scheme. In addition to analyzing logistical and operational considerations, this article examines the existing available evidence as to how the risks of vaccination were framed and managed through the establishment of the COVAX No-Fault Compensation Program for advance market commitment (“AMC”) Eligible Economies (the “Program”). The Program was developed by the World Health Organization (“WHO”) for the benefit of the COVAX conveners and is independently administered by an experienced claims administrator. The article aims to identify key areas where equitable access concerns were raised, how they were addressed, and what lessons may be learned for planning for distribution and liability and indemnity barriers going forward.

ArticleKatherine GinsbachApril 15, 2024COVAX, COVID-19 Response

Balancing Equity in Executory Contract Disputes: A Comparative Analysis of Debtor and Non-Debtor Rights

April 2, 2024 ∙ ARTICLE

This article will delve into the established case law and current statutes in different jurisdictions to explore the feasibility of an ideal approach for resolving disputes of executory contracts, with an emphasis on balancing equity between the debtor and non-debtor parties. It will be structured into three sections. First, it will briefly explain the definition of executory contract under the U.S. Bankruptcy Code. Second, it will focus on the position of debtors and non-debtor parties in executory contract disputes. Finally, this article will compare the bankruptcy systems in different jurisdictions, aiming to conclude whether there is a better approach to balance the interests between the debtors and the non-debtor parties in executory contract disputes.

ArticleZiyan WuApril 2, 2024Bankruptcy, Australia, Japan, Germany, United States, Executory Contract Disputes

Towards Inclusive Societal Equity: A Comparative Analysis of Employment Laws in India and South Africa Through the Lens of Social Justice and Human Rights

February 4, 2024 ∙ ARTICLE

In pursuing robust equality laws in the labour law realm, a comparative analysis between South Africa and India reveals stark contrasts in their approaches. While India grapples with gaps in legislation aligned with International Labour Organization (ILO) Convention No. 111, South Africa's Employment Equity Act sets a progressive benchmark. This blog explores the nuanced dimensions of crafting comprehensive laws, the inclusivity in their applicability, and the imperative need for a cohesive legal framework to address social justice in both nations.

ArticleBhavya JohariFebruary 4, 2024Human Rights, Employment Law, Social Justice, India, South Africa

The Role of CEDAW in Combating Gender-Based Violence in Conflict Zones

August 16, 2023 ∙ ARTICLE

Gender-based violence (GBV) against women and girls is one of the most pervasive human rights violations in the world. Globally, 736 million women and girls, approximately one in three, have been victims of GBV at least once in their lives. GBV is an endemic that knows no cultural, social, national, or economic boundaries. Despite the ubiquitous and insidious nature of this human rights violation, it is often treated with apathy and victim-blaming, which shrouds this crime “in a culture of silence.” GBV is particularly heinous and pervasive in conflict zones. Women and girls’ bodies are commodified in wartime as the “spoils of war,” making mass rape and sexual violence a common warfare tactic that sadistically degrades, humiliates, intimidates, and injures women and girls in warring communities. The United Nations (UN) human rights mechanisms have taken major steps within their internal supervisory network to combat this human rights violation over the past three decades. One of the UN human rights bodies that has had a significant impact in systemically combating GBV and the way GBV manifests in conflict zones is the UN’s Committee on the Elimination of Discrimination against Women (CEDAW).

ArticleClaire CritesAugust 16, 2023Gender-based violence, United Nations, Human Rights

Bias and Biometrics: Regulating Corporate Responsibility and New Technologies to Protect Rights

June 15, 2022 ∙ ARTICLE

A growing body of literature has documented the ways in which algorithms and new technology are being deployed in ways that discriminate and violate human rights. The regulatory environment is still evolving, but not as rapidly as new technologies are being introduced by private corporations and implemented in public settings. Governments are using AI in immigration and asylum determinations and law enforcement, arenas where racism and xenophobia can often arise.

ArticleErika GeorgeJune 15, 2022Human Rights, Biometrics, Corporate Responsibility

Thai Defamation Laws and the U.N. Guiding Principles on Business and Human Rights

March 29, 2022 ∙ ARTICLE

As demonstrated by Thammakaset’s attempt to utilize Thailand’s legal system to silence critics of their workplace conditions and worker treatment, Thailand’s current judicial mechanisms provide ways in which companies can weaponize Thai law against workers and activists. This post addresses ways in which Thailand has attempted to remedy these criticisms and provides suggestions for further improvement to ensure that workers have adequate remedies and that Thai law is not weaponized against them.

ArticleDrake StobieMarch 29, 2022Defamation, United Kingdom, UK, Human Rights, Working conditions, Abuses, Wages

Ball and (Block)Chain: How the United States’ Ban on Venezuelan Cryptocurrency Affects National Treatment Consistency Under the GATS

February 13, 2020 ∙ Article

As a possible solution to Venezuela’s economic crisis, Venezuelan president Nicolás Maduro created “Petro,” a digital currency backed by oil reserves. In response, the Trump administration issued an executive order prohibiting the use of Petro in the United States. Venezuela has argued that by banning the Petro, the United States has violated its national treatment commitment under the General Agreement on Trade in Services. The United States’ Schedule of Commitments was drafted over two decades ago; therefore, there is a need to consider an update to accommodate new technologies such as cryptocurrencies. This article explores Venezuelan arguments to include cryptocurrencies in the United States’ national treatment commitment, while also theorizing possible exceptions the Americans can use to override any potential national treatment obligations with regards to the Petro.

ArticleNicholas LoyaconaFebruary 13, 2020Venezuela, Trade, Cryptocurrency

What is the Huawei Case Really About? Sanctions to Regulate Technology?

November 21, 2019 ∙ Article

Sanctions are imposed for the purpose of changing behavior or inducing action. They have become popular within the past several decades as a means of leverage, non-military pressure, and imposing conditions upon other states. However, sanctions may cripple another state’s economy and permanently damage its reputation. Nevertheless, there are legitimate bases for using sanctions, such as protecting against national security threats. Cybersecurity risks, in particular, can be very damaging since the United States’ military, defense, and intelligence data are stored using electronic and remote means. Therefore, there is an obligation to protect against this, and such a task falls to the branches of the U.S. government. How far this obligation extends represents a key issue and is the subject of this article.

ArticleAlina VenezianoNovember 21, 2019China, Sanctions, Technology, Constitutional Law

Erdogan Has Crossed the Euphrates: Turkish Invasion Into Northern Syria Is in Breach of International Law

October 19, 2019 ∙ Article

On October 9, as Turkish warplanes began what would be a six-hour bombardment of Northern Syria, followed by an incursion of ground troops, the Turkish Ministry of National Defense put out a small press release justifying its actions under international law.

ArticleDavit AvagyanOctober 19, 2019Turkey, Article 51, Military, Conflict