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Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the Covid-19 Pandemic

Edited by: Michael Bohlander, Gerhard Kemp, Mark Webster

ISBN13: 9781509946358
To be Published: December 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2023)
Price: £49.99



This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.

Subjects:
Constitutional and Administrative Law, Comparative Law, International Criminal Law
Contents:
1. Introduction
Michael Bohlander, Gerhard Kemp & Mark Webster
2. The Emergence and Global Spread of SARS-CoV-2, and Clinical and Virological Features
Thomas Christie Williams
3. Brazil
Denis De Castro Halis
4. England
Natalie Wortley & Birju Kotecha
5. France
Caroline Fournet & Frédéric Rolland
6. Germany
Michael Bohlander
7. India
Suman Dash Bhattamishra
8. Indonesia
Topo Santoso
9. Iran
Mohammad M. Hedayati-Kakhki
10. People's Republic of China
Andra Le Roux-Kemp
11. South Africa
Gerhard Kemp
12. Spain
Alejandro De Pablo
13. Sweden
Dennis Martinsson
14. Turkey
Murat Önok
15. United States of America
Phillip Weiner & Dana Curhan
16. Crimes Against Humanity
Gerhard Kemp