1 استاد تمام دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 رئیس پژوهشکده حقوق و قانون ایران و قاضی پیشین دیوان عالی کشور
عنوان مقاله [English]
The Coronavirus pandemic is currently the most amazing phenomenon of the century and at the top of the most important current news. The impact of this phenomenon in various social fields is certain and undeniable.
Human societies will overcome this dilemma with the help of research in various branches of experimental and social sciences. However, the speed and ease of overcoming these conditions require the cooperation, synergy, and organization of researches and scientists in different fields.
In the field of law, it also is necessary to conduct research to identify existing legal challenges and take necessary measures to address them.
Identifying and taking necessary measures to overcome legal challenges in the post-corona era requires the organization of legal measures.
Accordingly, this article offers suggestions to facilitate and expedite legal measures to deal with the emerging challenges resulting from the coronavirus pandemic.
These suggestions can be divided into three categories: 1- Compensatory measures, 2- Measures to prevent similar occurrence in the future, and 3- suggestions for utilizing this occurrence to create opportunities.
First: Identifying legal challenges concerning restorative and compensatory laws and regulations:
These measures are taken to restore and compensate caused by the coronavirus. In this manner, a middle ground is delineated for a broad or narrow interpretation of the legal rules governing damages resulting from coronavirus;
This is so since adopting a broad interpretation of the laws regarding compensation of damages could lead to a situation where not all governments of the world including the Iranian one, may be able to afford such expenses.
This is so because under broad interpretation, government and public institutions can be considered liable to compensate for the heavy damages resulting from decisions made by governmental and public authorities regarding quarantines, closures of businesses and the like,
and on the opposite end of the spectra, a narrow interpretation of these laws can identify very limited and minor damages caused by the coronavirus. Moreover, identifying a middle ground requires updating and comparing restorative and compensatory regulations in such a way that it is backed by an acceptable legal philosophy and at the same time it is enforceable.
Second: Determining measures regarding ratification of laws and regulations meant to prevent recurrence of similar conditions:
The emergence of coronavirus proves that the possibility of a global coronavirus pandemic resulting from other pandemic diseases cannot be ruled out.
Therefore, it is necessary to take measures in regard to ratification of laws, regulations and legal rules which would prevent the recurrence of similar circumstances.
It is only by identifying and drafting preventive regulations that one can hope to minimize the ramifications and consequences of coronavirus pandemic in the future, and this issue in itself can provide the ground for new studies and research and make updates, modifications and adaptations in relevant legal rules to follow.
Third: Identification of opportunities arising from the global coronavirus pandemic:
These circumstances prepare the ground for new rules and regulations and provide the necessary conditions for new rule-making.
Certain rules and regulations that under Islamic Rules or the Constitution were not sufficiently explained and defined in domestic law may, as a result of the impact of global coronavirus pandemic, take the attribute of necessity and tangibility, and the need for them becomes more understandable. Thus, the ground is prepared to alter and revise certain laws.
For example, it may be difficult to accept the principle of "contract-frustration of purpose" as one of the factors terminating the contract since doubts have been raised about its compliance with the Sharia Rules or the provisions of the Constitution.
Under the influence of the coronavirus pandemic, many examples, cases and pendign claims arise to facilitate and expedite the acceptance of this rule-making,
Therefore, the focus of the country's research system and the large number of legal researchers on organizing and identifying legal measures for dealing with the post-coronavirus period can lead to a greater and better identification of these legal needs of society.
On the other hand, any of the "restorative", "preventive" or "opportunity making" challenges in the post-coronavirus period can be explored by legal scholars appropriate to the specialized issues dealt with different branches and specialized fields of law.
Identifying these challenges is effective in all branches of law, including philosophy of law, public law, criminal law, private law, human rights and citizenship, international law, intellectual property law and newfound branches of law, and can itself provide the ground for expansion of those branches, such as health law and epidemic law.
Accordingly, while welcoming the writing of tens or hundreds of articles in the field of legal research arising from the Coronavirus conditions, .
we hope that the scattered energy of research in the field of law will be focused on this field in order to draft, develop and promote the newfound legal needs and challenges in the post-coronavirus period proportionate to the priorities of the Iranian-Islamic community. This leads to the identification and drafting of legal criteria and needs of Iranian society through the leadership of Iranian legal scholars and jurists and extensive lifestyle changes resulting from the ramifications of this disease. By the power of God Almighty
. Such as expurgation of laws and regulations regarding the coronavirus and other contagious diseases, which has been written in 288 pages by Dr. Valiollah Sadeghi, and a collection of articles on legal challenges presented by the Covid-19 pandemic, which has been compiled in 754 pages by Dr. Mohsen Najafikhah and Dr. Baqer Ansari.