Abstract
The COVID-19 pandemic has led to an unprecedented global health crisis. States, in an attempt to control the spread of COVID-19, have imposed drastic measures, including export bans and restrictions on medical products. The measures have affected the performance of international sale of goods contracts concerning medical products subject to the measures. The determination of the legal effects of the measures on international sale of goods contracts raises public and private international law questions. It also reveals an interplay between WTO law and private international law, which are traditionally seen as separate areas of law. The chapter analyses this interplay in the context of international sale of goods contracts concerning medical products and between parties located in WTO Member States. The chapter first considers COVID-19 related export bans and restrictions under WTO law and examines whether and to what extent they are consistent with WTO law. The chapter then focuses on the determination of the legal effects of these measures on international sale of goods contracts under private international law and examines how WTO law considerations can be relevant to this determination.
| Original language | English |
|---|---|
| Title of host publication | Blurry Boundaries of Public and Private International Law |
| Subtitle of host publication | Towards Convergence or Divergent Still? |
| Editors | Poomintr Sooksripaisarnkit, Dharmita Prasad |
| Publisher | Springer |
| Chapter | 9 |
| Pages | 157-177 |
| Number of pages | 21 |
| ISBN (Electronic) | 978-981-16-8480-7 |
| ISBN (Print) | 978-981-16-8479-1 |
| DOIs | |
| Publication status | Published - 1 Jan 2022 |
Keywords
- COVID-19
- Export bans and restrictions
- WTO law
- Public international law
- Private international law
- International sale of goods contracts
- Mandatory rules