International Responsibility of States for Transnational Epidemics and Pandemics: The Case of COVID-19 from the People’s Republic of China

Revista de Direito Civil Contemporâneo, vol. 23, Apr.-Jun. 2020

36 Pages Posted: 3 May 2020 Last revised: 20 May 2020

Date Written: April 24, 2020

Abstract

This research addresses the possibility of state responsibility for transnational epidemics or pandemics, especially focusing on COVID-19 as a case study – a pandemic originated in the People’s Republic of China. To that end, this article analyzes this issue grounded on international health regulations together with the Constitution of the World Health Organization to be able to assess whether these rules are binding on the Member States. Furthermore, this article analyzes case laws from the International Court of Justice, and the feasibility of filing legal procedures against China before this U.N. Court for not informing the international society in due course about an impending COVID-19 pandemic.

Keywords: transnational epidemics; transnational pandemics; international responsibility; COVID-19; Popular Republic of China

Suggested Citation

Mazzuoli, Valerio de Oliveira, International Responsibility of States for Transnational Epidemics and Pandemics: The Case of COVID-19 from the People’s Republic of China (April 24, 2020). Revista de Direito Civil Contemporâneo, vol. 23, Apr.-Jun. 2020, Available at SSRN: https://ssrn.com/abstract=3584944 or http://dx.doi.org/10.2139/ssrn.3584944

Valerio de Oliveira Mazzuoli (Contact Author)

School of Law, Federal University of Mato Grosso ( email )

Av. Fernando Corrêa da Costa, nº 2367
Bairro Boa Esperança
Cuiabá, MT Mato Grosso 78060-900
Brazil

HOME PAGE: http://www1.ufmt.br/ufmt/un/ppgd

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