State Responsibility and COVID 19

Authors

  • Maysa bydoon professor
  • Prof Omar Alotain Vice president for investment affairs,Al al-Bayt University, Jordan

DOI:

https://doi.org/10.18533/jah.v10i01.2050

Abstract

The subject of several aspects of the Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) and State responsibility is regarded as a major area of interest in terms of the fact that the original epidemic quickly turned into a pandemic, which the World Health Organization (WHO) declared in March 2020, due to the virus capacity of easy and fast mode transmission from person to person. This Article seeks to determine whether States in light of international law might have violated the 2005 WHO International Health Regulations, and the WHO Constitution itself. If so, the possibility to hold States accountable for not performing the required protective measurements that are needed to prevent the spread of the COVID 19.   

References

David Caron, ‘The ILC Articles on State Responsibility: The Paradoxical Relationship between Form and Authority’ (2002) 96 AJIL

Meagan Wong, ‘The Law of State Responsibility and the COVID-19 Pandemic’ in Carla Ferstman and Andrew Fagan (eds), COVID-19, Law and Human Rights: Essex Dialogues (30 June 2020).

Shaw, MN., International Law, Cambridge: University of Cambridge Press, Fifth edition, 2003, p. 696.

International Law Commission’s Articles on the responsibility of international organizations, Yearbook of the International Law Commission: Volume II: Part Two (2011) UN Doc A/CN.4/SER.A/2011/Add. 1 (Part 2) 40 art 3, Commentary 3

United Nations, ‘COVID-19 and its Human Rights Dimensions’

VALERIO DE OLIVEIRA MAZZUOLI, International Responsibility of States for Transnational Epidemics and Pandemics: the case of COVID-19 from the People’s Republic of China, p6.availabe at file:///C:/Users/PC/Downloads/SSRN-id3584944%20(1).pdf

https://internationallaw.blog/2020/05/15/state-responsibility-and-covid-19-bringing-china-to-the-international-court-of-justice/

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Published

2021-02-04

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