Document Type : Article

Authors

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. Student in Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

10.22059/jplsq.2021.320791.2724

Abstract

The outbreak of the Corona Virus in China has led to a pandemic which causes adverse effects on economic, social and humanitarian aspects of international community. The World Health Organization (WHO ) statute and international Health Regulation 2005 are two main treaties on respond to, prevent and protect against the widespread diseases which oblige parties to the treaties to notify and inform WHO without delay and efficiently. Since the right to health and right to life, two fundamental rights, are endangered in pandemic, it seems timely notification and due respond of origin country become a customary rule reflected in United Nations Security Council Resolutions. The Chinese government as the party to above mentioned treaties, has violated its treaty and non-treaty obligations by failure to inform, consult with and respond timely to WHO and threatening those who informed about it. So its international responsibility can be invoked, something which will be examined in this article and the possibility of filing lawsuit in International Court of justice will be analyzed too.

Keywords

  1. English

    1. A) Articles
    2. Aginam, O. (2002), “International law and communicable diseases”, Bulletin of the World Health Organization, 80, pp 946-951.
    3. Argentini, M. (2021), “Right to Health and Obligation of Prompt Notification: Possible China’s International Responsibility in Relation to Covid-19”, Revista Jurídica Portucalense, pp.43-60.
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    8. Constitution of the World Health Organization
    9. International Health Regulations (2005)
    10. International Labour Organization, Covid-19 and the world of work, 25 january 2021
    11. statute of the international court of justice
    12. the role of the international court of justice
    13. UNICEF GLOBAL COVID-19 Situation Report, No. 12 September 2020

     

    1. C) Cases
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    3. ICJ, Legality of the Threat or Use of Nuclear Weapons, advisory opinions,1996
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