Document Type : Article
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
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.
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- Aginam, O. (2002), “International law and communicable diseases”, Bulletin of the World Health Organization, 80, pp 946-951.
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- ICJ, Legality of the Threat or Use of Nuclear Weapons, advisory opinions,1996
- ICJ, Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request for Advisory Opinion by the World Health Organization(,1995
References In Persian:
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