1st Edition

Pandemics, Public Health, and the Regulation of Borders Lessons from COVID-19

    432 Pages 17 B/W Illustrations
    by Routledge

    432 Pages 17 B/W Illustrations
    by Routledge

    This book examines how the COVID-19 pandemic has engendered a new and challenging environment in which borders drawn around people, places, and social structures have hardened and new ones have emerged.

    Over the course of the COVID-19 pandemic, borders closed or became unwelcoming at the international, national, sub-national, and local levels. Debate persists as to whether those countries and territories that tightly managed their borders, like New Zealand, Australia, or Hong Kong, got it ‘right’ compared to those that did not. Without doubt, a majority of those who suffered and died throughout the pandemic have been those from vulnerable populations. Yet on the other hand, efforts taken to manage the spread of the disease, such as through border management, have also disproportionately affected those who are most vulnerable. How then is the right balance to be struck, acknowledging, too, the economic and other imperatives that may dissuade governments from taking public health steps? This book considers how international organizations, countries, and institutions within those countries should conceive of, and manage, borders as the world continues to struggle with COVID-19 and prepares for the next pandemic. Engaging a range of international, and sub-national, examples, the book thematizes the main issues at stake in the control and management of borders in the interests of public health.

    This book will be of considerable interest to academics in the fields of health law, anthropology, economics, history, medicine, public health, and political science, as well as policymakers and public health planners at national and sub-national levels.

    About the Contributors x

    Acknowledgements xxiv

    Borders, Boundaries, and Pandemics: Preface xxvi

    Lawrence O. Gostin and Marie-Eve Sylvestre

    PART I

    Introduction 1

    1 Introduction: Borders, Boundaries, and Pandemics 3

    Colleen M. Flood, Y.Y. Brandon Chen, Raywat Deonandan, Sam Halabi and Sophie Theriault


    Histories, Contests, and Communication of Borders as Public Health Tools 13

    2 The Essential Art of Communication about Balance in Border Closures 15

    Raywat Deonandan

    3 The Wolf and the Sheepfold: Borders, Containment, and Contested Discourses of Public Health in the Great Influenza Pandemic Era 26

    Esyllt W. Jones

    4 Bordering and the Fallacy of Disease Directionality: Ebola, SARS-CoV-2 and Africa’s Confidence Deficit with Global Public Health 36

    Chidi Oguamanam

    5 Towards Reimagining the IHR Article 43

    on Travel Restrictions 47

    Lisa Forman and Roojin Habibi


    Border and Mobility Restrictions as Public Health Tools within Regional and National Boundaries 63

    6 Management of the European Union’s (Internal and External) Borders during the COVID-19 Pandemic 65

    Tamara Hervey, Alexandra Fyfe and Vincent Delhomme

    7 Public Health Evidence for Provincial Border Management 79

    Brenda J. Wilson

    8 First Nations Jurisdiction, COVID-19, and the Implications of Spatial Restrictions in a Settler Colonial Context 89

    Sophie Thériault, Eva Ottawa, and Florence Robert


    Border Measures in Comparative Perspective 101

    9 Border Controls as Part of Aotearoa New Zealand’s Response to the COVID-19 Pandemic 103

    Siouxsie Wiles

    10 Borders within Borders within Borders: A Legitimate

    Approach to Controlling the First Two Years of the

    SARS-CoV-2 Pandemic in Australia 116

    Stephen Duckett

    11 The United States Response to COVID-19: A Patchwork of Border Regulations 129

    Katherine Ginsbach

    12 Brazilian Discriminatory Border Control Policy Based on “Health Restrictions” during COVID-19 Pandemic 142

    Fernando Aith

    PART V

    Border Controls, Migrants, and Refugees 155

    13 Pandemic Pathways to Permanent Residence 157

    Audrey Macklin

    14 Spouses of the Pandemic: Data, Racism, and Mental Health 166

    Wei William (“Will”) Tao


    Vaccine Passports: Civil Liberties, Human Rights, and Public Health 181

    15 Vaccine Refusals and Freedom of Religion: A Moving Target in a Pandemic Age 183

    Carissima Mathen

    16 A Brief History of the Science of Vaccine Passports and What the Future Holds 192

    Kumanan Wilson

    17 Rights Discourse and Canadian Debate Over Vaccine Passports 202

    Bryan Thomas

    18 Mobility Restrictions, Human Rights, and the Legal Test of Proportionality 213

    Jeff King


    Vaccine Passports: Privacy Claims and Technology Fixes and Failures 229

    19 Pandemic-Fighting Technologies? Lessons from COVID-19 for the Pandemics of the Future 231

    Vivek Krishnamurthy and Myka Kollmann

    20 Verification Theatre at Borders and in Pockets 240

    Michael Veale


    Bounded Vulnerabilities: Long-Term Care, Prisons, Psychiatric Care Institutions, and Homelessness 253

    21 The Paradox of Protecting the Vulnerable: An Analysis of the Canadian Public Discourse on Older Adults during the COVID-19 Pandemic 255

    Martine Lagace, Caroline D. Bergeron,Tracey O’Sullivan, Samantha Oostlander,Pascale Dangoisse, Amelie Doucet, and Philippe Rodrigue-Rouleau

    22 Of Governmental Priorities, Human Rights, and Social Control: Prison Responses to the COVID-19 Pandemic 264

    Adelina Iftene

    23 Extending the Boundaries of the Psychiatric Hospital: The Use and Misuse of Psychiatric Coercion during the COVID-19 Pandemic in Quebec and Ontario 273

    Emmanuelle Bernheim

    24 Punishing Mobility: Curfews and Homelessness in Quebec during the COVID-19 Pandemic 281

    Veronique Fortin and Celine Bellot


    Access to Services, Care, and Medical Necessities 291

    25 Bodies across Borders: A History of Cross-Border Travel for Abortion Services in Poland and Canada 293

    Christabelle Sethna and Krystyna Dzwonkowska-Godula

    26 Borders Drawn across Bodies: Advocating for Maternal Health in Times of Crisis 307

    Sarah J. Lazin

    27 Keeping Border Restrictions Light Enough to Travel: A Humanitarian Perspective on Canada’s Border Control Measures during COVID-19 319

    Jason W. Nickerson and Joseph Belliveau

    28 “Where You Live Shouldn’t Determine Whether You Live”: Canada and the Line between Rhetoric and Reality in Global COVID-19 Vaccine Equity 328

    Adam R. Houston

    PART X

    Borders, Boundaries, and the Future of Global Health Law 339

    29 Cross-Border Mobility of Persons and Goods during Pandemics: Exposing Normative Duality in International Law 341

    Pedro A. Villarreal

    30 Modelling Approaches to Borders, Geography, and Infectious Diseases 352

    David Fisman

    31 Advancing a Risk-Based Approach to Border Management during Public Health Emergencies of International Concern: Lessons from the COVID-19 Pandemic 365

    Kelley Lee, Julianne Piper, and Jennifer Fang

    32 Global Health Law: Overcoming the Shortfall in Human Resources 376

    Tim G. Evans and Priyanka Saksena

    33 Conceptual and Tangible Borders under a Revised International Health Regulations or New International Pandemic Agreement 388

    Sam Halabi

    Index 399


    Colleen M. Flood is Dean of the Faculty of Law at Queen’s University, Canada.

    Y.Y. Brandon Chen is Associate Professor at the University of Ottawa’s Faculty of Law (Common Law Section), Canada.

    Raywat Deonandan is Epidemiologist and Associate Professor with the Interdisciplinary School of Health Sciences at the University of Ottawa, Canada.

    Sam Halabi is Professor at the Georgetown University School of Health and Co-Director of the Center for Transformational Health Law at the O’Neill Institute for National and Global Health Law.

    Sophie Thériault is Full Professor in the Faculty of Law (Civil Law Section) at the University of Ottawa, Canada.