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.
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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.
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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.
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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).
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The ICJ's Dubious Standard for Triggering Article 12 of the UN Watercourse Convention
January 28, 2023 ∙ ARTICLE
What is the standard required for one party to provide notification concerning planned measures with possible adverse effects to another party under Article 12 of the United Nations Watercourse Convention (UNWC)? In the recent ruling in Dispute over the Status and Use of the Waters of the Silala (Chile v. Bolivia), the International Court of Justice (ICJ) held that planned actions must present significant transboundary harm to reach such a standard. I argue that the ICJ erred in its decision regarding the standard.
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Power Dynamics Under the Iranian Constitution
January 21, 2023 ∙ ARTICLE
On its face, the Constitution of the Islamic Republic of Iran (the “Iranian Constitution” or “Constitution”) is worlds apart from more familiar, Western constitutions. Modern Iran’s very name, for instance, proudly announcing to the world its status as an outwardly Islamic state, seems repugnant to Western constitutional notions of separation of church and state. Upon a closer examination, however, the Iranian Constitution is not significantly different from Western constitutions in terms of having legislative, executive, and judicial branches of government. Yet, as an analysis of Iran’s Guardianship Council and its relationship with the Supreme Leader reveals, the Iranian Constitution differs significantly from its Western counterparts in how power is allocated.
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Controversial or Discriminatory Purposes after Family First
January 17, 2023 ∙ ARTICLE
Family First became one of New Zealand’s most prominent conservative Christian advocacy organisations (presumably taking full advantage of New Zealand’s protections for freedom of expression in the New Zealand Bill of Rights Act 1990 (NZ)). However, after Family First encountered some controversy whilst engaging in its advocacy activities, the New Zealand Government – and specifically, its Charities Registration Board, which determines whether New Zealand not-for-profit organisations can be registered as charities – took notice of Family First’s work, and Family First subsequently became embroiled in nearly a decade of litigation over whether it was entitled to registration as a charity in New Zealand.
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Paris and the Public Trust: The Impact of an ICJ Advisory Opinion on Climate Litigation
November 17, 2022 ∙ ARTICLE
Adjudication was infrequently used in the formative stages of international environmental law as other mechanisms were preferred for the resolution of natural resource or transboundary pollution disputes. However, environmental matters are now routinely litigated and environmental claims can be brought in a patchwork of jurisdictions and distinctive adjudicative bodies. The International Court of Justice (ICJ) is the only body with general jurisdiction and an environmental dispute can be brought to the court on the basis of a general dispute settlement agreement. Recently, there has been movement to request an advisory opinion from the ICJ on climate change.
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Judicial Review of Private Regulatory Bodies: A Transatlantic Commentary
November 2, 2022 ∙ ARTICLE
A core concept within administrative law is the importance of judicial review. American agencies institute mechanisms of judicial review to serve a variety of functions within the plethora of agencies comprising the administrative state, from conferring legitimacy to practically securing fairness and accuracy. However, there are a variety of private organizations that also provide regulation over segments of American society, such as the American Psychological Association, the National Fire Protection Association, or the American Bar Association. In its present form, the administrative principle of judicial review does not touch these private regulators in the same manner as government agencies, leaving tort or contract litigation as the only means of accessing judicial review for decisions made by these bodies. This structure has been unchallenged in the United States, but is there a better alternative? Looking across the Atlantic to the United Kingdom, we see a different way of viewing the relationship between private regulatory bodies and judicial review.
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Does Kosher and Halal Meat Have a Future in Europe?
October 12, 2022 ∙ ARTICLE
A court in the European Union (EU) has effectively decided that certain religious animal slaughter practices are larger threats to animal welfare than bullfighting. That is the conclusion that follows from a legal analysis by Guy Harpaz and Arie Reich, two law professors who recently published an article on the EU decision. The decision last year by the Court of Justice of the European Union cited animal rights in upholding a Flemish ban on Kosher and Halal animal slaughter, which is done according to Jewish and Muslim religious rites, respectively.
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