Covid-19 and the Law - Protection and Recovery for Vulnerable Groups
Lead Research Organisation:
International Institute for Environment and Development
Department Name: Head office
Abstract
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.
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.
| Description | The aim of this project is to focus on the pandemic's effect on vulnerable groups and how to best maximise their safety and access to justice. To do so, the project, in collaboration with colleagues from Japan and more broadly Asia and Europe, set out to examine the legal mechanisms set in place to help vulnerable groups such as small businesses, consumers, women and children among others across a variety of different legal and social disciplines. To date, the project has been able to : A. Enhance legal mechanisms for contract law and dispute resolution. Through the Breathing Space research, especially the BIICL Guidelines the project has evaluated existing legal principles across jurisdictions to identify how contract law and dispute resolution mechanisms can better assist vulnerable groups during the pandemic as well as assess the practical aspects and limitations of covid-19 related dispute management methods from different jurisdictions (forthcoming publication) B. through investigating the impact of the pandemic on business and human rights issues, the project has highlighted some inconsistencies in due diligence standards in protecting vulnerable groups such as workers, migrants and women from human rights abuses and trans-national trafficking. More broadly, the project's findings provide insights into global governance challenges post-pandemic and propose strategies for international cooperation among actors as well as offer theoretical and practical foundations to improve the protection of vulnerable populations. |
| Exploitation Route | The outcomes of this project can be used by various stakeholders to address the challenges faced by vulnerable groups during and beyond the pandemic. Policymakers, will be able to use the findings to inform new laws and policies aimed at protecting vulnerable groups. Similarly, advocacy groups and NGOs may use the research to advocate for political and legislative policy reforms to support vulnerable groups. Legal professionals, including academics can apply the insights gained from this study to inform their work especially in areas of business and contracts, dispute resolution, human rights and labour law. More specifically, susinesses can integrate the study's findings into their corporate social responsibility initiatives ensuring the protection of vulnerable workers and stakeholders within their supply chains post-pandemic. |
| Sectors | Communities and Social Services/Policy Education Government Democracy and Justice Security and Diplomacy |
| Description | The overall impact of the project (still ongoing) in the non-academic field have helped inform the general discourse on how legal and business communities might respond to the COVID-19 pandemic in order to foster economic recovery. With engagement from policy makers and senior legal actors, the project outputs to date (breathing space series, webinars ) offers concrete solutions in order to encourage a legal environment that safeguards commercial activities in the post-pandemic climate. For instance, The Breathing space series, proposed a set of practical guidelines be adopted to encourage a more conciliatory approach to contractual disputes without prejudicing or altering parties' legal rights. They have been translated into eight different languages: Arabic, French, German, Cantonese, Russian, Hindi, Spanish and Japanese. In a similar vein, the forthcoming publication that stems from this funding will in addition to academia be useful for legal practitioners (e.g. transaction lawyers, litigators, family, immigration and human rights lawyers) who will be able to identify which measures and legal tools are most efficient for the protection of vulnerable parties in times of crisis and for the prevention of potential future problems. Stemming from the events we have held, the content within the volume is meticulously curated to cover a wide range of topics relevant to crisis management and resolution. This enables governments and legislators to not only understand past crises but also anticipate and prepare for future challenges more effectively. More broadly, the project has helped inform a wider discussion on the social and cultural impact of the pandemic with a specific focus on vulnerable groups in different cultural settings. For example, several contributors and experts from Asia have in their findings and discussions in events pointed towards a shift or greater need for a shift in cultural norms as a result of the pandemic, especially in relation to children, women and migrant workers. |
| First Year Of Impact | 2023 |
| Sector | Communities and Social Services/Policy,Education,Government, Democracy and Justice,Security and Diplomacy |
| Impact Types | Cultural Societal Economic Policy & public services |
| Description | Guidelines on contractual disputes during covid-19 |
| Geographic Reach | Multiple continents/international |
| Policy Influence Type | Contribution to new or improved professional practice |
| URL | https://www.biicl.org/projects/breathing-space-concept-notes-on-the-effect-of-the-pandemic-on-commer... |
| Title | Book on the societal and legal effects of COVID-19 from a comparative perspective with an emphasis on protection and recovery of vulnerable groups |
| Description | Initially following a report format, the team decided to slightly modify the approach, and is aiming now at the publication a book, rather than a report. The decision was made taking int oconsideration the amount of data and contributors, the will to produce a comprehensive scholarly contribution, and the interest of publishers. The stated goal of the initial report format was to showcase findings with guidelines and recommendations for European and Asian governments and legal practitioners on effective legal mechanisms to protect the most vulnerable groups of people during and after the pandemic. This goal is still at the core of the research project, but the book format allows for a more comprehensive and authoritative work that aims to provide a broader and in-depth analysis of the societal and legal effects of COVID-19 on vulnerable groups. The volume is intended to be a scholarly contribution on the societal and legal effects of COVID-19 from a comparative perspective with an emphasis on protection and recovery of vulnerable groups. The volume offers a systematic assessment of the various legal mechanisms put in place in areas where certain groups have been especially affected. These are contract law, dispute resolution, loans and insolvency consumer protection, family law, business and human rights, social integration and global governance in the post-COVID era. As a whole, the volume aims to: (a) identify the common traits of legal tools and responses to mitigate the effects of the pandemic and to assess their effectiveness comparatively and in context; (b) identify the holistic needs of a select number of jurisdictions and the measures taken to maximise safety and access to justice for the most vulnerable; and (c) shed light on global governance in the post-COVID era, and the extent to which cooperation among transnational actors have contributed towards peace, security and justice. With contributions from practitioners and academics, each chapter of the book will tackle a legal area where those who have been highly impacted by the pandemic with an emphasis on European, Asian and Middle Eastern countries. Drawing on interdisciplinary and empirical analyses, the volume will be the result of a large scale effort to shed light on a largely unexplored area in a comparative perspective. |
| Type Of Material | Improvements to research infrastructure |
| Year Produced | 2022 |
| Provided To Others? | No |
| Impact | The volume will appeal to will appeal to scholars of comparative law generally as well as those with a particular interest in business and human rights, contract law, family law, access to justice, labour and refugee law in European, Asian and Middle-Eastern jurisdictions. It will also be particularly relevant for governments and legislators and equip them with the necessary knowledge and tools to address future crisis. It will also be useful for legal practitioners (e.g., transaction lawyers, litigators) who will be able to identify which measures and legal tools are most efficient for contractual matters and dispute resolution post-pandemic. |
| Title | Edited Volume: Protection and Post-Pandemic Recovery for Vulnerable Groups: European and Asian Approaches (Elgar Publishing) |
| Description | As mentioned in the previous entry, the research infrastructure was revised to aim for an edited volume rather than a report to showcase the findings of this project. Following consultations with several publishers, Elgar Publishing agreed to publish an edited volume as a major research output for the project titled "Protection and Post-Pandemic Recovery for Vulnerable Groups: European and Asian Approaches ". The agreed upon delivery of the final manuscript is set for the 30th November 2024. The aim of the volume is to analyse legal tools and responses to mitigate the effects of the pandemic and to assess their effectiveness drawing on interdisciplinary and comparative analyses; to identify the common traits of these measures and to evaluate how to best maximise legal protection and access to justice for the most vulnerable post-pandemic, to rebuild our society; and to shed light on global governance in the post-COVID era, and the extent to which cooperation among transnational actors contributes towards protection and justice for the vulnerable. The book will consist of an introduction followed by a number of short chapters that examine vulnerable groups in relation to five themes: commercial disputes and resolution; rights, non-discrimination and access to justice; citizenship and society; and labour and migration. Each chapter of the volume examines the pandemic's effect the vulnerable in one of the themes. The chapters also include the viewpoint of other disciplines; and a comparative conclusion highlighting the most efficient legal mechanisms and best practices. Edited by Profs Lein and Nishitani, the following experts have committed to contribute to the volume: Lord Neuberger of Abbotsbury, President of BIICL (foreword) Ms Constance Bonzé, , BIICL / Lausanne Dr Sara Razai, BIICL Prof. Gabriele Koziol Ms, Helen Dodds, LawtechUK Commercial Dispute Resolution Taskforce Guy Pendell, CMS Professor Keizo Yamamoto Dr Simon Bézart, , UNIL Dr Irene Pietropaoli, BIICL Dr Sofia Gonzales De Aguinaga, BIICL Ms Jasmine Elliott, BIICL Dr Jean-Pierre Gauci, BIICL Dr Noemi Magugliani , BIICL Prof. Miguel Alvarez Ortega, Kyoto University) Dr. Harald Kümmerle, German Institute for Japanese Studies Prof. Franz Waldenberger German Institute for Japanese Studies Prof. Noriko Odagiri Tokyo International University Prof. Nami Tea Ohnishi, Senshu University Prof. Reiko Ogawa, Chiba University Prof. Mark Findlay, Singapore Management University Prof Jane Loo, Singapore Management University |
| Type Of Material | Improvements to research infrastructure |
| Year Produced | 2023 |
| Provided To Others? | No |
| Impact | The volume is an essential resource specifically designed to cater to the needs of governments and legislators. Its purpose is to provide them with comprehensive knowledge and essential tools that are crucial for effectively addressing future crises. In an ever-changing world, governments and legislators constantly face new challenges and crises that require immediate attention and strategic decision-making. The volume serves as a guidebook, empowering these key decision-makers with the necessary knowledge and insights to navigate through such challenging times. This book will also be useful for legal practitioners (e.g. transaction lawyers, litigators, family, immigration and human rights lawyers) who will be able to identify which measures and legal tools are most efficient for the protection of vulnerable parties in times of crisis and for the prevention of potential future problems. The content within the volume is meticulously curated to cover a wide range of topics relevant to crisis management and resolution. Additionally, the volume goes beyond historical analysis and provides a forward-looking perspective. It incorporates the latest research, emerging trends, and best practices in crisis management. This enables governments and legislators to not only understand past crises but also anticipate and prepare for future challenges more effectively. The volume will equally appeal to scholars of comparative law generally, as well as those with a particular interest in the areas of business and human rights, contract law, family law, dispute resolution and access to justice, labour law as well as immigration law in European, Asian and Middle Eastern jurisdictions. The volume serves as a valuable resource for scholars of comparative law, providing comprehensive insights into various legal areas and facilitating a deeper understanding of legal systems across European, Asian, and Middle Eastern jurisdictions. Its extensive coverage and comparative approach make it an essential reference for those interested in exploring the nuances and complexities of these legal fields. |
| Title | Collection of data through desk research and consultation of experts |
| Description | The identification of the adaptation of national legal frameworks and their application (case law) to the pandemic-related contractual disputes is done through the collection of data and desktop research. In order to conduct the literature review, available databases and public sites for information that exists on COVID related initiatives across the target jurisdictions are relied upon. One such database is the Stanford Law School COVID memo database which provides a searchable system for COVID memos prepared by law firms, auditors, and business advisors addressing a broad range of topics including contract law and dispute resolution. In addition to desk research, data collection is also conducted through the consultation of experts, by the way of roundtables. The next roundtable will take place in May 2023. The event will gather the team working on the Study as well as other advisers (academics, practitioners, policy makers) to discuss the research objectives and the preliminary findings. The data collected is then evaluated and used to analyse how the legal landscape across the target jurisdictions has supported the efficient and timely resolution of disputes during the pandemic, how they have worked during post-pandemic recovery and what measures have been particularly suitable for vulnerable groups. |
| Type Of Material | Data analysis technique |
| Year Produced | 2023 |
| Provided To Others? | No |
| Impact | The data set containing the data collected during the research is currently being analysed and is not yet available to the public. Once the evaluation and analysis phase will be completed, BIICL intends to globally disseminate the findings. The goal is to produce a comprehensive legal research on the impact of COVID on vulnerable groups across various areas of the law, which will be useful to government actors, policy makers and legal practitioners, as well as scholars and students. |
| Description | 18 October 2023 Protection and recovery for vulnerable groups, post pandemic: European and Asian approaches |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Study participants or study members |
| Results and Impact | The event convened by Dr Sara Razai and Prof. Eva Lein was the second part of a webinar series that examined the nuanced experiences of vulnerable groups and individuals within the broader context of business and human rights protection in the aftermath of the pandemic. The webinar consisted of a morning and afternoon session with the following speakers: Session 1: Family and post-pandemic recovery Chair: Dr Sara Razai, BIICL Prof. Franz Waldenberger, German Institute for Japanese Studies Prof. Odagiri, Tokyo International University Dr Noemi Magugliani, BIICL Jean-Pierre Gauci, BIICL Prof. Yuko Nishitani , Kyoto University Session 2: Business and Human Rights Chair: Dr Jean-Pierre Gauci, BIICL Dr Irene Pietropaoli, BIICL Dr Jasmine Elliot, BIICL Mr Hoitsimolimo Mutlokwa, Koç University |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.biicl.org/events/11795/protection-and-recovery-for-vulnerable-groups-post-pandemic-europ... |
| Description | 19 June 2023 Protection and Recovery for Vulnerable Groups, Post-Pandemic: European and Asian Approaches: First webinar |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Study participants or study members |
| Results and Impact | This first webinar (part of a series) brought together academics and practitioners from Asian and European jurisdictions to discuss the pandemic's effect on vulnerable groups. The event consisted of two sessions and was chaired by Dr Sara Razai and Prof Lein with the following participants: Session 1: Covid-19 and the impact on anti-trafficking efforts, migrants and refugees Prof. Yuko Nishitani, Kyoto University Prof. Reiko Ogawa, Chiba University Prof. Nami Tea Ohnishi, Senshu University Iris Anastasiadou, BIICL Session 2: Dispute resolution Prof. Massaru Suzuki, Chuo University Law School Helen Dodds, Legal UK Prof Eva Lein |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.youtube.com/watch?v=S5GfDVFKoGc&t=4s |
| Description | Modern Disputes Management and Arbitration for Competitive Economies (13 September 2022) |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | A webinar co-organised with the Istanbul Arbitration Association on modern dispute management processes in relation to the pandemic and how it can be improved. Panellists were asked to consider a range of proposals which aim to safeguard commercial activity and increase public confidence in managing civil claims. The webinar considered how changes to norms in the international arbitration community have changed since the COVID-19 pandemic and what sort of new measures which could be implementing to help resolve even the most complex civil legal disputes in a matter of months, rather than years. The event was moderated by Dr Sara Razai, the research fellow of the UKRI project and the panel consisted of : Helen Dodds (Honorary Senior Fellow at BIICL, Director of Legal UK and Member of LawTech UK Commercial Dispute Resolution Taskforce), Mehmet Gün (Founder of Gün and Partners and leading member of the Istanbul Arbitration Association) , Chiann Bao (Honorary Senior Fellow at BIICL, Vice President, Court of Arbitration, International Chamber of Commerce) |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://www.youtube.com/watch?v=kJf00B6Ax7k |
| Description | Smart Cities, Platform Economy and the Vulnerable (8 March 2022) |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | This joint event with the University of Lausanne looked at the topic of Smart Cities, Platform Economy and how to protect the vulnerable. Recently, courts reasserted the much-undermined employer/employee relationship between gig workers and platform providers. The days when disruptive economies challenged the fundamental protections of conventional employment law may be numbered. But where do the platforms not turn to exploit profit? Data produced by service providers and customers, much of which is harvested and marketised without their knowledge, creates wealth for the platforms and headaches for personal data protection. Recently some nation states have advanced laws and regulations to try and limit data re-used to public good. But this has had little impact on the lucrative secondary data trade. Speakers included Sheryn Omeri (Cloisters Chambers), Jacob Turner (Fountain Court Chambers), Prof. Mark Findlay (Director of the CAIDG Singapore Management University), and Mabel Choo (Centre for AI and Data Governance). |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://www.biicl.org/events/11592/law-and-change-smart-cities-platform-economy-and-the-vulnerable |
| Description | Smarter Approaches to Dispute Resolution podcast series |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | BIICL and the Centre for Effective Dispute Resolution (CEDR) , a world leading service provider specialising in conflict resolution have collaborated on a new podcast series on smarter approaches to dispute resolution. This series brings together BIICL's 'Breathing Space Series' and CEDR's vision of 'Better conflicts, better outcomes leading to a better world'. While looking at issues relating to the COVID-19 pandemic, the series also looks at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists. The podcast is available on Spotify , Apple and Google. The following specialists have participated in the podcast episodes: • The Rt. Hon. Lord Neuberger of Abbotsbury, former President of the UK Supreme Court and One Essex Court • Helen Dodds, (Director of Legal UK and Member of LawTech UK Commercial Dispute Resolution Taskforce) • Dr Karl Mackie CBE, Founder President & Mediator, CEDR • Ben Thomson, CEDR • Sir William Blair, Barrister & Arbitrator at 3 Verulam Buildings • Lauren McGuirl Director of Commercial Disputes at CEDR • Sapfo Constantatos, Senior Legal Counsel, Standard Chartered Bank • Guy Pendell, Disputes Partner and Solicitor Advocate, CMS • Paula Hodges KC, Head of Global Arbitration Practice, Herbert Smith Freehills • Mr Justice Adam Johnson, High Court Judge • Eve Pienaar, CEDR Mediator, Trainer & Lawyer |
| Year(s) Of Engagement Activity | 2022,2023 |
| URL | https://www.biicl.org/projects/breathing-space-concept-notes-on-the-effect-of-the-pandemic-on-commer... |