"COVID-19" and International Law: Prosecution of China in International Court of Justice

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Abstract:

"COVID-19", which was first seen in China in December 2019, outbreak worldwide in a short time and took the lives of many people around the world. In addition to claims concerning Chinachr('39')s fault in creating the disease and failing to prevent its spread, it is seriously claimed that China has delayed and sometimes incorrectly reported information concerning disease to the World Health Organization, and as a result, It has breached its international obligations under the organizationchr('39')s Statute and its annexes, as well as some human rights instruments. Each of the member states of the organization may invoke to the international responsibility of China in the International Court of Justice for breach of the obligations set forth in the Statute by the permission set forth in Article 75 of the organizationchr('39')s Statute. The compliance of Chinachr('39')s conduct with international law in dealing with "COVID-19" can also is requested from the International Court of Justice in the form of an advisory opinion. Despite the low mandatory nature of advisory opinions compared to judgments, the Court is not subject to jurisdictional limitations in considering advisory opinion and is not limited to examining violations of international obligations accepted by the China and can freely declare Chinachr('39')s non-compliance with its legal obligations in various areas of international law. Please cite this article as: Bazzar V. "COVID-19" and International Law: Prosecution of China in International Court of Justice. Iran J Med Law 2021; 14(55): 47-67.

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Journal title

volume 14  issue 55

pages  47- 67

publication date 2020-12

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