Public Law Studies Quarterly

The Role of Governments' Recourse to Health, Safety, and Environmental Standards in Trade Restrictions Arising from the COVID-19 Crisis Based on the World Trade Organization's Procedures

Document Type : Article

Authors

zahra Seif 1
Seyed Mohammad Ghari Seyed Fatemi 2
Mohsen Abdollahi 3

1 PhD in International Law, Faculty of Law, Theology and Political Science, Research Sciences ‎Branch, Islamic Azad University, Tehran, Iran‎

2 Prof. Department of Public and International Law. Faculty of Law. Beheshti University. Tehran. ‎Iran‎

3 ‎Associate Prof. Department of Public and International Law. Faculty of Law. Beheshti University. ‎Tehran. Iran‎

https://doi.org/10.22059/jplsq.2023.354230.3273
Abstract
With the increasing awareness of the dire state of the environment and the importance of sustainable development, governments have taken a wide range of measures to protect health, safety, and the environment. Health, safety, and environmental standards are generally aimed at protecting people from threats to health, safety, and the environment and changing patterns of production and consumption. This issue, alongside the emergence of the COVID-19 virus, first discovered in late 2019 in China and which has since become a global pandemic, has presented humanity with unprecedented challenges. Initially appearing as a health crisis, COVID-19 not only impacted daily human life but also affected the global economy and trade relations between countries. This research seeks to examine whether, despite the World Trade Organization (WTO) and the rules of free trade during this pandemic, countries can impose legal restrictions in their trade relations by resorting to health, safety, and environmental (HSE) standards. An analysis of the WTO agreements indicates that this organization allows its members to prioritize the health and safety of their citizens in specific and emergency situations, temporarily disregarding its fundamental principles.

Keywords

health safety and environmental measure
World Trade Organization. covid-19
Subjects

  1. English

    1. A) Books
    2. Cottier, T., Mavroidis, P. C., & Blatter, P. (Eds.). (2003). The Role of the Judge in International Trade Regulation: Experience and Lessons for the WTO. University of Michigan Press. https://doi.org/10.3998/mpub.17801

     

    1. B) Articles
    2. Barlow. Pepita (2021). Covide 19 and the collapse of global trade: building on effective public health response. the Lancet Planetary Health. 5 (2) e102-e107.
    3. Espitia Alvaro, Rocha Nadia and Ruta Michele (2020). Trade and the COVID-19 Crisis in Developing Contries. Cepr.org
    4. Gabrielle Marceau, Pramiti Parwani (2021). COVID-19 and International Trade: the Role of the WTO in Fighting the Pandemic and Building Back Better .Global Trade and Customs Journal. 16, (7/8) 280 295.
    5. Kassegn, A., & Endris, E. (2021). Review on Socio-Economic Impacts of ‘Triple Threats’ of Covide-19,desert Locusts, and floods in East Africa: Evidence From Ethiopia. Cogent Social Science. 7(1), 151-188.
    6. Orellana, M. (2009). Evolving WTO Law Concerning Health, Safety and Environmental Measures. Trade Law and Development, 103 (1) 102-146.
    7. Peters Ralf and Prabhakar Divya (2021). Export restrictions do not help fight COVID-19. https://unctad.org/isar/news/export-restrictions-do-not-help-fight-covid-19
    8. Sarkodie S. owusu p. (2021). A Global assessment of environment, health and economic impact of the novel coronavirus (covid-19). 5005-5015 https://doi.org/70.1007/s10668-020-00801-2
    9. Zhang, Y., Diao, x., Chen, kz., Robinson, S., & Fan, S. (2020). Impact of Covid-19 on China’s macroeconomy and agri-food system-an economy- wide multiplier model analysis. china Agricultural Economic Review.

     

     

    1. C) Documents
    2. A UN Framework for the immediate socio-economic response to COVID-19. April 2020. un .org
    3. Appellate Body Report, European Community-Measures and Meat Products (Hormones). WT/D526/AB/R Gan.16,1998.
    4. Brazil-Measures Affecting Imports of Retreaded tyres, 25/septe/2009. wto.org
    5. Comm.Econ.Soc And Cultural Rights, General Comment 14: The Right To The Highest Attainable Standard Of Health, P11,U.N.Escor, 22nd Scss, U.N
    6. Guidelines For Development And Association Application Of Health, Safety And Environmental Doc.E/C.12/2000/4 (2000).) Management Systems And International Of Oil And Gas Producers And (Ogp). Https://Www.Ogp.Org.2003
    7. Panel Reports, Brazil-Measures Affecting Imports of Retreaded tyres ,p.7, WT/DS/332/R,Jun.12.2007
    8. Panel Reports, Brazil-Measures Affecting Imports of Retreaded tyres -AB-2007/ 4- Report of the Appellate Body.Doc.wto.org
    9. Rio Declaration on Development Environmental, A/CONF.151/26 (Vol.I) Annex I, 31 I.L.M.874,1992.
    10. The Secretary -General, Report of the secretary General, Science and Environment: Human Rights and the Environment as part of sustainable Development, delivered to the common on Human Rights, p16. U.N.Doc.E/CNA/2005/96 Jan19.2005
    11. The COVID-19 Crisis: Key protection Messages. 31 March 2020, un.org
    12. The Secretary-General’s UN Response and Recovery Fund, 30 march 2020, un.org
    13. United Nation Rule of Law Support in the Context of COVID-19 Pandemic. un.org
    14. United Nation Conference on Trade and Development, Impact of The Covid-19 Pandemic on Trade and Development. 2022. unctad.org
    15. United Nation Conference on Trade and Development, Global trade Impact of the Coronavirus (COVID-19) Epidemic. 2020. Preventionweb.net

     

    References In Persian:

    1. A) Books
    2. Babai Mehr, A., & Ismaili Nasab, H. (2013). Collection of the most important documents of domestic and international environmental law (treaties, conventions, laws, regulations, resolutions). Tehran: Majd Publications (In Persian).
    3. Khademi, M., Khani, M. R., & Khademi, A. R. (2010). Safety and Environment in Industrial Processes. Tehran: Avaye Ghalam Publications (In Persian).
    4. Dimento, J. (2014). Global environment and international law. Translated by Tayyibi Sobhan and Pourhashmi, Abbas. Tehran: Majd Publications (In Persian).
    5. Mashhadi, A. (2013). Right to Healthy Environment. Tehran: Mizan (In Persian).

     

    1. B) Articles
    2. Brahmand, E., & Qudousi, J. (2012). Review of the research conducted in the field of health, safety and environmental management of urban parks in Iran. Human and Environment Quarterly, 27, 1-12 (In Persian).
    3. Baigzadeh, E., Qari Seyed Fatiami, S. M., Mahmoudi, S. H. & Latifian, M. H. (2020). Corona Dile in Contemporary International Law. Journal of Legal Research on Law and Corona, 23, 57-57 (In Persian).
    4. Taqdosi, M. H. (2006). HSE Health, Safety and Environmental Management; Creative Approach to Sustainable Development. Iranian Work Health Quarterly, 3 (2) (In Persian).
    5. Khalefinejad, S. A., Ruhollahi, M., & Bahador, R. (2016). HSE Management System, Passive Defense and Its Role in Sustainable Development. National Conference on Passive Defense and Sustainable Development, Ministry of Interior 12 and 13 October (In Persian).
    6. Sadeghi Amrabadi, B. (2022). Analysis of the Relationship between Kavid 19 and World Trade, Modern Economics and Trade. Institute for Humanities and Cultural Studies. Journal of Science, 17, 137-166 (In Persian).
    7. Elapour, M. (2020). Measurement of China's Economic and Commercial Strategies in the Post -Corona Unreliable Space. Tehran Institute of Contemporary Research, tisri.org (In Persian).
    8. Farhan jam, M. (2021). Corona's impact on trade restriction from the perspective of World Trade Organization's Regulations. Diddad.ir (In Persian).
    9. Kailing, J. (2020). Recent restrictions on trade and agreements on sanitary and phytosanitary measures. Translated by Fateme Maithami (2019). Bigdeliacademy.com Mahmoudi, Zahra (2014). The Position of the Environment in the World Trade Organization. Journal of Public Law Research, 215-211 (In Persian).
    10. Menati, H, (2020). Investigating the Effects of the Corona Kuwavid 19 on World Economy. Specialized Scientific Journal of Social Effects Evaluation, 1 and 2 Special Consequences of the Prevalence of the Corona virus, 181-181 (In Persian).
    11. Naqizadeh, A. (2020). HSE Philosophy and Legal Basics. Iranian Green Management Association. https: //www.iron-gama.com (In Persian).
    12. Two types of business exposure to Corona, Economics, 7/2/2020 donya-e-gtesad.com (In Persian).
Public Law Studies Quarterly
Volume 55, Issue 3 - Serial Number 43
Autumn 2025
Autumn 2025
Pages 1633-1653

  • Receive Date 28 February 2023
  • Revise Date 27 May 2023
  • Accept Date 10 September 2023

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