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This article discusses ethics in times of pandemic crisis (COVID-19) taking into consideration the sustainability paradigm. Two related ethical approaches are discussed and contrasted. On the one hand, the relational embodied ethics of the commons is discussed in the background of the pandemic of COVID-19. On the other hand, "lifeboat ethics" is interpreted in considering the pandemic situation. The main goal of the article is to compare the two ethical approaches as a way of dealing with our shared predicament in times of a pandemic, a state of exception, and based on that, to additionally derive conclusions about their application in further crises in the Anthropocene, whereby the primacy of sustainability is presumed.
This paper is structured into two parts, which are closely related: first, the analysis of the parlamentary and governmental measures against the covid-19 pandemic; and second, the future regulatory framework about freedom of movement and other rights in the European area, according to the new European pact on migration and asylum.
This paper analyzes some of the assumptions in which the varied use of technologies to confront the spread of the COVID-19 pandemic and protect people's health has impacted on the fundamental right to the protection of personal data; to do so, it starts from the premise that the use of these technologies cannot mean an affectation to the referred fundamental right, much less an indiscriminate treatment of such data without any minimum control whatsoever.
The study traces the development of compulsory vaccination in Germany against the background of political discussion and legislative activities, focusing on the area of tension between state health protection and the right to medical self-determination in the context of constitutional balancing. It is based on the assumption that the right to medical self-determination traditionally dominates state decisions in a democratic constitutional state and that the scope for decision-making is constantly being further contoured in the face of current challenges.
Impact of Covid-19 on company & insolvency law: An overview of Luxemburgish responses [new layout]
(2022)
Covid-19 outbreak had a huge impact on the economy worldwide as businesses had to close or cease their activities due to the lockdown regulations. The “luckiest” firms were able to operate but under restricted conditions. In order to avoid what certain authors called “bankruptcy epidemic” European countries took economic and fiscal measures to help companies compensate their financial losses. In addition to Government Grants, emergency legislations have been adopted with the aim to adapt insolvency and restructuring procedures to the sanitary situation and specific rules relating to company Law have also been implemented. This paper deals with the measures taken by the state of Luxembourg and gives a brief overview of the legal amendments
This paper evaluates the freedom of trade, occupation, and profession in South Africa from a Covid-19 pandemic context. It does that by focusing on the pertinent provisions and rights contained in the Constitution of the Republic of South Africa, 1996 (the Constitution) and relevant international and regional human rights instruments. It proceeds by discussing the interlinkage between (the freedom of trade, occupation, and profession and other pertinent fundamental) rights, limitation, enforcement, and interpretation of rights. This is followed by some final observations.
The following collection of manuscripts emerged from an international and interdisciplinary Virtual Exchange that took place during Covid-19 Pandemic in March/April 2021 organised by Prof. Milena Valeva and Prof. Kathrin Nitschmann. Covid 19 had -and still has in parts of the world- led to severe restrictions of fundamental liberties worldwide and thus enhanced debates on ethics and human rights. This debate appeared as a common denominator connecting citizens in countries all over the world. One of the concrete consequences for students was certainly the reduction of mobility, not only in the sense of not being allowed to visit the university but also in canceling planned international exchanges. In this context, the virtual exchange offered a chance not only to overcome the still lasting restrictions on mobility but also to exchange daily life experiences of students in Covid-times, merging into restrictions and/or violation of human rights in a legal and ethical dimension. Students from Peru, Israel and Bulgaria participated in the virtual exchange, which was supported by the International Teaching Award of Trier University of Applied Sciences, within the frame of of a summer school and had the opportunity to work synchronously and asynchronously in international and interdisciplinary teams on the topic COVID-19 - ETHICAL DILEMMAS AND HUMAN RIGHTS - EXPLORING INTERNATIONAL DIMENSIONS. Colleagues from Cape Town, Peru, Spain and Israel supported the event by their professional presentations. This special issue and at the same time first issue of the JOURNAL OF INTERNATIONAL AND DIGITAL COMMUNICATION: SUSTAINABILITY PERSPECTIVES is a collection of the manuscripts of the speakers, which at the same time reflects the diversity of the topics discussed and the international perspectives. Since this is a compilation of manuscripts, the authors were responsible for the scientific formulation of the texts.
Content:
Letlhokwa George Mpedi:
Freedom of trade, occupation and profession in times of the COVID-19 pandemic in South Africa
Larissa Glidja-Yao:
Impact of COVID-19 on company & insolvency law: An overview of Luxemburgish responses
Kathrin Nitschmann:
On the development of compulsory vaccation in Germany in the interplay between general health protection and individual self-determination - a never-ending story?
Diego Zegarra Valdivia:
The use of technological tools in the fight against COVID-19 & its implications on the fundamental right to the protection of personal data - an approach
José Joaquín Fernández Alles:
Human rights in the new pact on migration on [and] asylum of European Union: An open society or closed society
Milena Valeva & Yotam Lurie:
Spinning ethical plates in times of pandemic and sustainability
[AI generated:] This article explores the cultural dependencies and symbolic nature of the Rights of Nature (RoN) within the context of the European Union (EU). It argues that the successful implementation of RoN in regions like New Zealand and Ecuador is deeply rooted in indigenous cultural perspectives, which contrast sharply with the anthropocentric legal frameworks prevalent in Western industrialized nations. The article highlights how the recognition of non-human entities as legal subjects in these countries is often a socio-political strategy rather than a genuine shift towards ecocentrism. The case of illegal gold mining in Ecuador exemplifies the ongoing dominance of anthropocentric perspectives, where economic interests frequently undermine environmental protections.
In contrast, the EU's approach to environmental justice is shaped by a lack of indigenous populations and the complexities of transposing EU law into national legislation. The EU primarily focuses on ecosystem services, emphasizing the necessity of environmental protection for human survival rather than granting rights to nature. This anthropocentric viewpoint is further reflected in societal attitudes towards environmental policies, where fears of economic disadvantage and social conflict hinder acceptance of transformative measures.
The article concludes that the global community is at a historic crossroads regarding ecological transformation, emphasizing the need for culturally sensitive approaches to avoid social resistance. In cultures where the protection of natural entities aligns with spiritual beliefs, RoN could be beneficial if implemented meaningfully. However, in EU countries where spirituality is diminishing and indigenous populations are scarce, adopting RoN may risk alienating the public and exacerbating political divisions. Therefore, enhancing existing environmental legislation is crucial to foster trust in its effectiveness and fairness, ensuring that vulnerable populations are not disproportionately affected.
Following arguments about feasibility of implementing and application of the Rights of Nature, this article is based on the exposition of elements of an economic nature in opposition to the (confirming) proclaimed position, adding a new point of view in relation to the different perspectives.
Therefore, the perspectives proposed here will be divided into three argumentative nuclei: the inability to maintain the actual environmental programs as a competitive economy, custom of all these projects to the members of the European Union and the energy crisis, linked to the failure to agree on new plans for energy supplies across.
The purpose of this work is to critically examine and reflect on the feasibility of granting legal rights to nature within the context of the European social and legal reality. We aim to address the following question: Should we grant legal rights to nature?
This is not merely a legal debate; rather, it extends to our fundamental understanding of the relationship between humanity and the environment. Some argue that we are at a turning point where granting rights to nature is the only way to protect our planet and ensure an environment suitable for future generations. Others, however, warn of the risks of creating a "legal chaos," considering the economic implications that such a radical shift might entail.