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Responses to the COVID‐19 pandemic have been widely criticized for being too delayed and indecisive. As a result, the precautionary principle has been endorsed, applauded, and proposed to guide future responses to global public health emergencies. Drawing from controversial issues in response to COVID‐19, especially in Vietnam, this paper critically discusses some key ethical and legal issues of employing the precautionary principle in public health emergencies. Engaging with discussions concerning this principle, especially in environmental law where the precautionary principle first appeared as a guiding principle with objective content(s), this paper formulates the precautionary principle as 'in dubio pro salus', which is about advising, justifying and demanding states to proactively prepare for scenarios arising out of any public health emergency. It distinguishes the precautionary principle into moderate and hard versions. A moderate version largely takes a holistic approach and fulfils a series of criteria specified in this paper, while a hard version either permits restrictive measures to be deployed primarily on a hypothetic basis or expresses an instrumental mentality. The hard version should be rejected because of the ethical and legal problems it raises, including risk‐risk tradeoffs, internal paradoxes, unjustified causing of fear and unreasonable presupposition. Ultimately, this paper defends the moderate version. [ABSTRACT FROM AUTHOR]

The article focuses on the relationship between technocracy and populism during the first year of the COVID-19 crisis. On one hand, this relationship has been defined by populist denial, displacement of crisis, and rejection of the technocratic consensus on the need for urgent and decisive action in the face of the global pandemic. On the other hand, COVID-19 has also led to convergence between the two sides and populist approximation to technocracy more akin to 'technopopulist' compromises and politics. The article shows that this pattern of antagonism and approximation has been shaped by three constitutive features of the state of exception and emergency during the COVID-19 crisis: (1) discursive securitization of the threat, (2) the use of extraordinary tools and measures under the licence of precautionary principle, and (3) institutional concentration of power. While COVID-19 is an extreme case in all three respects, the lessons learned from the pandemic advance our general understanding of technocracy and populism as constitutive features of contemporary politics. [ABSTRACT FROM AUTHOR]

COVID-19 has demonstrated the fragility of EU free movement rules when we are faced with an unknown virus of such magnitude and strength that it threatens our lives, health systems, economies and society. The aim of this text is to show the dynamics between the threat of COVID-19 and the rules imposed as a response to the pandemic, which have impacted the functioning of the EU internal market and the Schengen area. The text will concentrate on the application of the precautionary principle and public health restrictions, caused by COVID-19, to free movement of persons in the EU. The analysis will lead to three conclusions. First, it will be shown that the decisions to apply free movement restrictions and the logic followed in the EU COVID-19-related documents can be viewed as a triumph of the precautionary principle. Second, it will be argued that implementing the precautionary principle has a transformative effect on the application of the principle of proportionality in EU law. Finally, it will be shown that COVID-19 has emphasised and increased the difference between the conditions for the applicability of public health restrictions when compared to restrictions based on public policy and public security grounds. [ABSTRACT FROM AUTHOR]

COVID-19 is a zoonosis, a disease transmitted by an animal to humans. The diffusion of the outbreak is therefore born of an unsuitable, insufficient, excessively permissive food safety system. Hence, the regulation of food safety plays a central role in the protection of health and has done so on a global scale. The overall regulation of food safety therefore requires an increase in the level of health protection, even at the expense of commercial prerogatives. For these purposes, four reform measures are suggested: to transform the Codex Alimentarius Commission into an organisation that adopts international standards with the sole purpose of protecting health; to apply the precautionary principle on a global scale and in international organisations; to strengthen the mandatory labelling tool; and to create a worldwide system of controls. [ABSTRACT FROM AUTHOR]

The article analyzes the case of masks for the protection of respiratory contagion of SARSCoV- 2, made with nanotechnology and commercialized in several countries of the world over 2020-2021. Some of these masks that incorporate graphene, copper and silver on a nanometric scale have been denounced in certain countries by civil organizations due to their adverse effects on the body, and some countries have chosen to withdraw them from the market. The case presented is illustrative of the application of new technologies in consumer products without regulation or supervision by the responsible public bodies; draws attention to how some of these products can be medical devices and the need for a precautionary approach; both in research and development of commercialized products, as well as in the role of regulatory institutions. This article aims to draw attention to technological innovations to address COVID-19 that may trigger adverse effects. [ABSTRACT FROM AUTHOR]

The decision of the EU Commission, based on positive advice from the European Medicines Agency, to grant conditional marketing authorisation to Covid-19 vaccines should be qualified as a precautionary measure. Under the established case law of the CJEU, the conditions for the application of this principle are met. Such conditions are the existence of a risk to the environment and public health and uncertainty. Given this qualification as a precautionary measure, whether the Commission had complied with the procedural obligations that surround the implementation of this principle under EU law was assessed. Some shortcomings are identified concerning the risk assessment conducted by the European Medicines Agency and the risk management carried out by the Commission. [ABSTRACT FROM AUTHOR]

Norway's handling of COVID-19 has been seen as a success. Vulnerable groups among young and elderly people, have however, not been part of this success. Their interests have been defocused in two ways. First, they have not been prioritized in the big picture, because the precautionary principle and health concerns, in particular the capacity questions, have dominated. Second, the more specific social policy measures have been indirect and not particular targeted vulnerable children, youths and old people, and had negative effects for them, such as social isolation and lack of daily support and services, resulting in increasing problems. [ABSTRACT FROM AUTHOR]

The health emergency linked to Covid-19 brought to the fore the problem of the usefulness and correct application of the precautionary principle. In the paper proposed for the call, the topic will be analyzed starting from the foundations of the precautionary principle, to see consequently how it must be 'handled' in practice when the Administration (in the Italian fight against the pandemic, the Government, but also the Regions) is called to decide in contexts of health crisis. Particular attention will be paid, just from the beginning, to the relationship between science and Public Administration, in order to demonstrate how the precautionary approach represents a 'rule of action' for the public decision-maker when there is no full scientific certainty. In this perspective, the analysis will be developed starting from the definition of a general context: that one represented by the so-called 'irreducible uncertainty.' This premise will be the starting point to define a law of uncertain science,' which 'follows' the facts and is characterized for its flexibility. The problem will then be reported to the administrative decisions, called in emergency times to be 'adaptive' and reviewable. The reflection on precaution 'in action' will have the Italian case as an observation 'laboratory.' In this perspective, the investigation will be conducted by looking at the 'answer' of the Italian legal system to the emergency related to Covid-19. This will lead to see if the precautionary approach has been taken seriously by the Italian Administration and, subsequently, what characters have taken the measures to fight against the spread of the Coronavirus outbreak. In conclusion, it will be necessary to understand whether the 'postulates' of precaution 'in the books' have been translated into an adequate precaution 'in action.' In other terms, the attention will be focused on two different aspects: the first related to the 'time' of the action; the second to the content of the measures taken to fight against the spread of the virus. This will allow us to understand if the Italian Government acted promptly (in compliance with the precautionary approach) and what was the decision-making process that brought to these measures. [ABSTRACT FROM AUTHOR]

The containment of infectious diseases is challenging due to complex transmutation in the biological system, intricate global interactions, intense mobility, and multiple transmission modes. An emergent disease has the potential to turn into a pandemic impacting millions of people with loss of life, mental health, and severe economic impairment. Multifarious approaches to risk management have been explored for combating an epidemic spread. This work presents the implementation of engineering safety principles to pandemic risk management. We have assessed the pandemic risk using Paté-Cornell's six levels of uncertainty. The susceptible, exposed, infected, quarantined, recovered, deceased (SEIQRD), an advanced mechanistic model, along with the Monte Carlo simulation, has been used to estimate the fatality risk. The risk minimization strategies have been categorized into hierarchical safety measures. We have developed an event tree model of pandemic risk management for distinct risk-reducing strategies realized due to natural evolution, government interventions, societal responses, and individual practices. The roles of distinct interventions have also been investigated for an infected individual's survivability with the existing healthcare facilities. We have studied the Corona Virus Disease of 2019 (COVID-19) for pandemic risk management using the proposed framework. The results highlight effectiveness of the proposed strategies in containing a pandemic. [ABSTRACT FROM AUTHOR]

The events surrounding COVID-19, combined with the mandatory quarantines widely imposed in Asia and Europe since the virus outbreak, have reignited discussion of the balance between individual rights and liberties and public health during epidemics and pandemics. This article analyses this issue from the perspectives of precaution and necessity. There is a difficult relationship between these two seemingly opposite principles, both of which are frequently invoked in this domain. Although the precautionary principle (PP) encourages the use of quarantines, including mandatory quarantines, and associated restrictive measures, the principle of necessity (PN) puts a break on such measures. The COVID-19 pandemic reveals once again the different interrelations between these two principles. However, the alleged conflict between the PN and the PP is based on a superficial analysis. The relation between these two principles is far more complex, as this article will demonstrate. [ABSTRACT FROM AUTHOR]

This article evaluates the approach by the South African Courts concerning the constitutionality of the declaration of national disaster and the Covid-19 regulations. It sets the tone by evaluating the approach in Kenya in contrast with the South Africa position. A look at the rising tensions between human rights protection and public law informs this exercise. While Kenya uses a precautionary approach to uphold the constitutionality of the Curfew order, South Africa seems to oscillate between the proportionality and the rationality test. A call for clarity in the Court's reasoning on rationality is proposed. [ABSTRACT FROM AUTHOR]

Objective. To identify scientific evidence on the indirect transmission of SARS-CoV-2 in out-of-hospital spaces and population measures for its prevention. Materials and methods. A rapid review of what has been published in PubMed and MedRxiv between 12/01/2019 and 04/24/2020, on the topics: 1) the contamination and viability of SARSCoV- 2 in different inanimate surfaces; 2) products accessible at home level with disinfectant efficacy against SARS-CoV-2; 3) the cases and outbreaks of SARS-CoV-2 transmitted through surfaces. Results. A high proportion of the objects people infected with SARS-CoV-2 use (toilet, pots and electronic tablets) are contaminated. This virus remains viable from hours to days in paper, cardboard, cloth, glass, wood, plastic, steel and face masks. Ethanol, 2-propanol, chlorine, and soap are effective in deactivating it. There is little evidence on cases and outbreaks by indirect contact. Conclusions. Studies are required to determine the minimum infectious dose by autoinoculation. Appealing to the precautionary principle, we include recommendations to reduce the risk of indirect contagion. [ABSTRACT FROM AUTHOR]

Based on the precautionary principle and to protect the right to life under Article L. 521-2 of the French Code of Administrative Justice, the Administrative Tribunal of Guadeloupe (Judge for interim relief) ordered the Regional Health Agency of Guadeloupe and the University Hospital Centre of Guadeloupe to procure 200,000 COVID-19 screening tests corresponding to half of the population of Guadeloupe and to buy the doses necessary for the treatment of the COVID-19 epidemic with hydroxychloroquine and azithromycin for 20,000 patients. On appeal, the French Council of State, by disregarding the application of the precautionary principle and with controversial reasoning concerning the relationship between discretionary power and scientific uncertainty, annulled the decision of the Administrative Tribunal of Guadeloupe. [ABSTRACT FROM AUTHOR]

The Czech Republic initially managed the outbreak of the novel coronavirus remarkably, with relatively few cases and low death rate. Its public health response was characterized by swift implementation of public health measures driven by an implicit precautionary principle, but also chaotic communication of measures and a lack of transparency in justifying individual policies. June and July 2020 have seen a rise in COVID-19 cases linked to two regional clusters but later associated with community transmission, which exposed weaknesses in the country's test-trace-isolate system. [ABSTRACT FROM AUTHOR]

As the world struggles through the COVID‐19 pandemic, we should also be asking what systems‐level measures will be needed to prevent this or even worse disasters from happening in the future. We argue that the pandemic is merely one of potentially myriad and pleiomorphic future global disasters generated by the same underlying dynamical system. We explain that there are four broad but easily identifiable systemic, pathologically networked conditions that are hurtling civilization toward potential self‐destruction. As long as these conditions are not resolved, we should consider catastrophe as an inevitable emergent endpoint from the dynamics. All four conditions can be reversed with collective action to begin creating an enduring and thriving post‐ COVID‐19 world. This will require maximal application of the precautionary principle. [ABSTRACT FROM AUTHOR]