States Responsibility vs Domestic Control Measures of the COVID-19 Pandemic: An Analysis of the Current International Health Regulation (IHR) Regime
- DOI
- 10.2991/assehr.k.211112.005How to use a DOI?
- Keywords
- states responsibility; domestic control measures; COVID-19 pandemic; IHR
- Abstract
The Covid-19 pandemic has changed the way we live. Despite its negative effect on people’s lives, the world has adopted new strategies to adapt to such unpredictable situations. At the international level, the UN-based organization, the World Health Organization, adopted the International Health Regulation in 2005 (IHR 2005). This regulation stipulates several measures that should be adopted by member states, with regard to the prevention of diseases spreading internationally. However, countries have struggled or failed to contain the virus, so millions of people have been adversely affected by the pandemic. The aims of this are twofold. First, this article analyzes the nature of the IHR 2005, whether or not it creates international obligations to its member states, and thus whether or not it has compliance mechanisms for states which do not comply with it. Second, this article investigates whether non-compliance with the IHR 2005 can be used to invoke state responsibility under the international public law regime. By critically analyzing the available international law and several legal cases relevant to the topic, this article argues that the state responsibility doctrine might be invoked for any member states’ non-compliance with their international state obligations, including the failure to adopt appropriate domestic control measures in on time.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Erna Dyah Kusumawati PY - 2021 DA - 2021/11/23 TI - States Responsibility vs Domestic Control Measures of the COVID-19 Pandemic: An Analysis of the Current International Health Regulation (IHR) Regime BT - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021) PB - Atlantis Press SP - 35 EP - 43 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211112.005 DO - 10.2991/assehr.k.211112.005 ID - Kusumawati2021 ER -