Legal Issues Related to COVID-19 Under International Law (original) (raw)
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China Responsibility in Case of Covid 19 Pandemic Under International Law
Nurani Hukum, 2021
Pandemic COVID-19 was start from Wuhan, China then spread to the rest of the world. Under international law of public health, states have obligations to cooperate in tackling international health emergency. WHO Constitution and IHR confirms those obligations in which state denied its will arise state responsibility. The purpose of this research is to elaborate state obligations under international law to handle COVID-19 and particularly to China. This research use normative legal research method which means to analysis international law norm in practice. The results of this research are, first there are several obligations to state in handle COVID-19 such as to cooperate, to notify WHO and to made domestic regulation. Second, China is not responsible for COVID-19 case because China did not breach any international obligations under international law.
2020
The state of China or commonly called the State of China has been accused as the cause of an outbreak of corona virus transmission or COVID-19. The loss caused by COVID-19 is very large for all sectors of the country's life sector in the world, so that countries in the world are trying to sue China which is believed to be the country of origin of the virus. The alleged violations against China are the cause of the spread of the COVID-19 virus, causing losses to the economy and community activities, causing dangerous activities such as rampant crime in the community due to the economic crisis, hoarding of food stockpiling and medical equipment as well as several other charges. The difficulty of the resolution mechanism in the international violence because almost all disputes that occur between state are resolved by a mechanism based on mutual agreement of both parties. In this paper, the focus of the problem is to examine the extent to which opportunities can be used by state in the world in suing China for violations of Human Rights as the cause of the outbreak of transmission of COVID-19 and which international court has more authority in handling the case.
The View of International Law on The Pandemic Covid-19
Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia, 2021
The views of world countries on the handling of the Covid-19 Pandemic give the impression of solving the global health crisis. Whereas international law is a special mechanism in handling pandemics through the operationalization of International Health Regulations which are coordinated globally by the WHO international organization. The aim is to examine the implications of force on international law. The main approach to legal research method is to apply a total lockdown or physical distancing in accordance with the health protocol established by WHO. By elaborating, international law contains obligations, authorities, procedures, and roles and challenges faced in handling a global pandemic. Finding the fact that, IHR 2005 works on international law, but a 'one size fits all' instrument that can solve all the problems of handling the positive sum global health crisis to interdependence, institutionalism, multilateralism, and a zero-sum game democratic system where the state is strengthening.
2021
ABSTRACTObjective: The present article aims to analyze the global epidemic caused by the new coronavirus, whose repercussions occur in several fields of the world scene.Methodology: To fulfill the proposed objective, the hypothetical-deductive research method is used, based on the premise that the configuration of the pandemic as a global catastrophe entails certain consequences of legal treatment.Results: The paper propose, from this perspective, to classify the new coronavirus pandemic as a global catastrophe, as it has produced a scenario unprecedented devastating.Contributions: Within this perspective, the study aims to analyze the possibility of giving international law legal treatment to the phenomenon, in order to make possible the special incidence of the principle of non-indifference.Keywords: Pandemic; Global catastrophe; International law; Principle of non-indifference; International solidarity. RESUMOObjetivo: o presente artigo tem como objetivo analisar a epidemia globa...
Revista Jurídica Portucalense, 2021
The international community has raised criticisms regarding the lack of adequate information provided by the Chinese government in the early stages of the Covid-19 pandemic, concerning the risks related to the outbreak and the means to prevent its spread. This contribution focuses on the international obligations that China potentially breached due to such an omission, addressing three of them, the obligations arising from Article 12 of the International Covenant on Economic, Social and Cultural Rights (on the right to health), Article 63 of the World Health Organization Constitution and Article 6 of the International Health Regulations (both imposing prompt notification duties). While it does not seem problematic to attribute these omissions to China, the latter could hardly be sued before an international tribunal due to legal and political evaluations, mainly because of the absence of a declaration of acceptance of international jurisdiction by China.