Before the twentieth

After the COVID-19 epidemic turned into a global pandemic, this placed a moral obligation on jurists and legal professionals; It requires sound scientific research into the fate of civil and commercial transactions at the international and national levels.

Therefore, they are researchers in dealing with this topic and diligently determining its fate using the theories of emergency circumstances and force majeure, and many of the speakers in this section have missed the distinction between the global pandemic itself (Corvid-19) and the precautionary and preventive measures taken by various countries in order to confront it on the one hand. On the other hand, the reality of the current economic stage: Which led to a failure to take into account the differences resulting from the difference in the legislative environment and political climate from one country to another.

From this standpoint, we decided to express our point of view and participate in the presentation from a different perspective. Its basis is research in the most complex, and its method is description and analysis. Illuminated by the rules of justice and the spirit of the law, which our distinguished teachers have previously formulated and elaborated upon.

In order for us to be able to estimate the fate of contractual obligations in light of this crisis, we had to monitor the most important economic and political developments during the period between (2008-2019), which in turn constitute the economic environment and political climate preceding the pandemic of the new century, so we say, and God is the Helper:

After the global economy recovered, growth rates reached their peak, reaching approximately 4% in 2017 and the beginning of 2018. Then global growth rates began to decline little by little until they reached approximately 2.9% in 2019, which is their lowest level since the global crisis. At the beginning of 2020, the International Monetary Fund’s expectations were positive, indicating an increase in growth rates, returning to levels of 3.3% at the end of the year. [1]

But the Corona epidemic swept the world, which shook investors’ confidence and prompted them to liquidate their assets, and this coincided with the lack of agreement to reduce oil production between OPEC + 1, in addition to the vibration of demand created by the Covid-19 pandemic, which leads us to say that this pandemic was an unexpected catalyst. To a process of economic recession that preceded its existence, and therefore the economic environment during the emergence of the new Corona was preparing to recover from a correction it had experienced, but this virus was like the straw that broke the camel’s back by causing an imbalance in demand, and this was accompanied by an abundance of supply, especially with regard to oil, and this is what made it An unprecedented economic event. This is enough to go beyond measurement and begin diligence to confront the challenges resulting from this crisis.

As for the political climate, the world has gone through many political events during the past ten years, the most prominent of which was a series of presidential fluctuations in the Middle East. As for Europe, Greece declared bankruptcy, the European continent went through a crisis of refugees migrating from the Middle East, and the United Kingdom also fought conflicts. Long time to leave the European Union.
As for the Asian continent, an economic blockade was imposed on the Iranian Republic following its possession of the nuclear reactor. Moreover, China and Russia fought an economic war with the United States. The commitment of many countries to the global transformation programs proposed by the International Monetary Fund.

We conclude that the political climate was experiencing a kind of tension that at times led to the severing of diplomatic relations between countries [2] . Rather, the situation developed into the outbreak of an exceptional war with an international coalition led by the Kingdom of Saudi Arabia in Yemen.

This climate, from our point of view, demonstrated the fact that the United Nations failed to achieve one of the provisions of the preamble to the United Nations Convention, which is “maintaining international peace and security” [3] . After the Covid-19 pandemic appeared, the World Health Organization, as the person responsible for maintaining health security in the world under the United Nations, failed to achieve its goal. [4] If it is proven that this pandemic is merely a new biological weapon, nations will stand afflicted and idly by due to the lack of material evidence and the absence of a criminalization text. This is what makes us believe that public international law will not be what it is after the exposure of this cloud as the third disaster witnessed by countries after the First and Second World Wars. Therefore, we believe that this potential shift must be taken into account while studying the legal fate of contractual obligations.

[1] Global Economic Prospects, International Monetary Fund: A slowdown in growth and a risky recovery, International Monetary Fund Publications, April 2019. A comprehensive summary of the Global Economic Prospects, International Monetary Fund, October 2019. Global Economic Prospects Updates: Initial stability, and a slow recovery? , International Monetary Fund, January 2020.

[2] Announcing the severing of relations with the State of Qatar, June 5, 2017, Saudi Ministry of Foreign Affairs.

[3] The Charter of the United Nations, signed at the conclusion of the United Nations Conference on International Organization in 1945, entered into force on October 24, 1945.

[4] Dr. Jaafar Abdel Salam, International Organizations, a fundamental jurisprudential study of the general theory of international organization, the United Nations, fully specialized agencies, and regional organizations, Dar Al-Nahda Al-Arabiya, 6th edition, p. 532.