Covid-19 and the Law - Protection and Recovery for Vulnerable Groups

点击翻译按钮获取中文摘要

As governments, businesses, and individuals face unique challenges in the pandemic, innovative approaches must be developed to address urgent needs. Business entities are finding it increasingly difficult if not impossible to satisfy their obligations pursuant to their commercial contracts, such as performing payment or providing goods or services. Companies are facing important cost cutting, supply chains are affected, and unstable pricing of commodities is creating significant disruption in trade. Since state subsidies will not suffice to save businesses in the current COVID-19 crises, disputes between private parties are likely to increase. Furthermore, travel bans and lockdowns have hampered family reunification and increased domestic violence. Certain groups of people are more vulnerable than others, such as small businesses and consumers, women and children, supply chain workers in developing economies, migrants and refugees. The study aims to focus on the protection of those who are at a higher risk of being negatively impacted by the pandemic. To that end, the study will assess the existing legal mechanisms in the UK and Japan in comparison to various legal systems and sectors, and will identify the holistic needs of jurisdictions, to understand how to effectively maximise safety and access to justice for the most vulnerable.First, the study will shed some light on existing legal principles across jurisdictions to understand how contract law and dispute management mechanisms can assist vulnerable groups, and whether changes are needed. The practical aspects and downsides of COVID-19 related dispute management through mechanisms such as arbitration, mediation and fast track litigation will also be examined. Second, loans, securities interests, insolvency and consumer protection will be further key issues in the study. The study will analyse whether emergency measures were sufficiently protective, or if additional and more permanent steps need to be taken on the way to post-Covid recovery. A comparison with Japan will also be a cornerstone to reflect on the efficiency of such emergency measures.Third, more than ever, business and human rights issues are at the centre of the discussion. The unprecedented consequences of the pandemic have increased existing inequalities, as well as health and safety risks across supply chains. It is critical to assess whether sufficient safeguards are in place. The study will analyse current developments on due diligence standards to understand to what extent they can properly protect vulnerable workers during and after a pandemic and whether additional measures are necessary. Fourth, the study aims to focus on key issues in the area of family law, such as access to justice for victims of domestic violence, child care, custody and access enforcement, maintenance issues after reduction of income, as well as cross-border travel for international families and couples, etc. Fifth, global issues of migration and social integration will be considered. Travel bans and border controls have impacted migration laws and policies. Social integration in times of pandemic presents its own unique challenges both in Europe and Japan. The study aims to assess how the law can specifically protect migrants, refuges, immigrant workers and immigrant children in times of pandemic. By covering different areas of law, taking interdisciplinary approach and considering the methods of rebuilding society in the post-corona era, it will yield important results and set theoretical and practical foundations for improving the protection of vulnerable people and seeking further developments of the society. The study will particularly shed light on global governance in the post-COVID era. In response to the unprecedented challenges brought by the pandemic, a global cooperation among transnational actors is needed to provide peace, security and justice.