In response to the pandemic, most states have enacted special measures to protect national economies and public health. Many of these measures would likely violate trade and investment disciplines unless they qualify for one of several exceptions. This Essay examines the structural implications of widespread anticipated defenses premised on the idea of “exceptionalism.” It argues that the pandemic reveals the structural weakness of the exceptions-oriented paradigm of justification in international economic law.
Arato, Julian, Kathleen Claussen, and J. Benton Heath. "The Perils of Pandemic Exceptionalism." American Journal of International Law 114, no. 3 (2020): 627-636. DOI: https://doi.org/10.1017/ajil.2020.67