https://youtu.be/EvMJCrlFp2c
“We are facing a situation without modern precedent in international law. In this regard, we must ask ourselves how the pandemic affects treaties, contracts, and international trade, ”said Dr. Juan Manuel Rivero Godoy—secretary of the Permanent Court of Review of Mercosur and professor of Public International Law at the School of Administration and Social Sciences at Universidad ORT Uruguayduring the online conference “The Pandemic in the Context of Public International Law.”
The event took place on Friday, June 9, 2021, and was organized by ORT’s Department of International Studies.
International trade
The expert noted that the pandemic led to greater trade flexibility. “How does the pandemic distort international trade? From this perspective, we have a typically domestic or sovereign view, and a cooperative view.”
“Today, there is a tendency to prioritize domestic law, and domestic law has come to take precedence over international law. This domestic focus represents a step backward in terms of compliance with treaties and contracts. States act according to domestic considerations.”
International treaties
The expert noted that there is a possibility of suspending or terminating international treaties due to the impact of COVID-19. In the event of a fundamental change in circumstances, the treaty may be terminated if:
- The existence of those circumstances would constitute an essential basis for the parties' consent.
- That such a change would have the effect of radically altering the scope of the obligations to which the parties have committed themselves.
International Contracts
“What is the situation regarding international contracts? We need to make a distinction. On the one hand, we have treaties, which are typically concluded between states. On the other hand, there are contracts, which can be entered into between states and private entities. In the case of contracts, the pandemic led to renegotiations, delays in performance, and an increase in disputes.”
Rehabilitation
“The coronavirus raises questions about adaptation under international law. It is difficult to foresee major changes. The pandemic has led to restrictions, suspensions, and border closures. It has not come to a halt, but there has been a certain degree of caution, a certain freeze, and, ultimately, a state of emergency,” said Rivero Godoy.
“The pandemic brings uncertainty and unforeseen disruption, but it does not mean total chaos. It means that, to be effective, international law must adapt existing tools to the new circumstances.”