Paper for Issue

COVID-19 AND INTERNATIONAL LAW: A CRITICAL ASSESSMENT OF CHINA’S CULPABILITY

Abstract

Abstract The damages caused by Covid-19 have led to calls for China to compensate other states of the world, premised on the notion that China failed its obligations in the way it handled the outbreak. This paper, therefore, sets out to evaluate China’s culpability through the lens of existing international laws. The paper reached its conclusions through critical evaluation of the provisions of the World Health Organization’s constitution, the International Health Regulations, and the Draft Articles on State Responsibility for Wrongful Acts. Several books, articles, and authoritative publications were consulted, while qualitative analysis was adopted for the research. An assessment of these laws proves China’s culpability concerning the manner it handled the outbreak at the onset. However, the paper concludes that it would be difficult to enforce any legal decision(s) against China; and recommends a shift of focus to measures that would increase cooperation among sovereign states in international relations. Keywords: China, COVID-19, International Law, Culpability

ANSWERING QUESTIONS ON CHINA’S CORONAVIRUS CULPABILITY USING INTERNATIONAL LAW

Abstract

Abstract The COVID-19 pandemic has engulfed over one hundred countries around the world and for the shortage of a cure; governments were compelled to for the most part depend upon social vaccination measures, as well as internment, isolation and social distancing. This flu-like virus, with origins in China, has caused tremendous distress in terms of health, economic and social upbeat of the international community. World economies are in shambles, however once mud within the air settles, fingers are going to be pointed and responsibility strictly distributed. Predictably, the problem of China’s legal liability for the COVID-19 happening are going to be raised.

COVID-19: Responsibilities and Reparations under International Law

Abstract

Abstract The advent of the year 2020 marked the confirmation of a novel respiratory virus identified as the Coronavirus. The Coronavirus is believed to have originated from Wuhan, China. It has resulted in over 600 thousand deaths and has placed the world economy in shambles. It is argued that the failure of China to effectively handle the virus in its early stage resulted in the eruption that the world currently suffers. This paper seeks to critically analyse the culpability of China for the spread of Covid-19 by applying the provisions of related international instruments and making recommendations for the reparations that are necessary on the part of China - if it is indeed culpable. Keywords: Culpability, State responsibility, International law, COVID-19, Severe Acute Respiratory Syndrome (SARS).

AN ASSESMENT OF THE EFFICACY OF INTERNATIONAL LAW IN HOLDING NATIONS LIABLE FOR INTERNATIONAL DISASTERS: CHINA AND CORONAVIRUS AS CASE STUDIES

Abstract

Abstract The huge loss of lives and economic tragedy triggered by the global spread of the Covid-19 pandemic has led many to finger China’s initial response as being responsible for the global disaster occasioned by the virus. Consequently, several countries have called for an independent investigation of China’s management of the crisis. As a result, actions have been filed across the world with the object of holding China liable for the crisis. The efficacy of these actions and the possibility of holding China culpable have thus engaged the minds of international law enthusiasts. Stemming from the above, this paper assesses China’s culpability by the principle of state responsibility under international law. The paper concludes that although grounds exist for China’s culpability, the frailty of international law has made this difficult, if not impossible. Keywords: State Responsibility, International Law, China, Coronavirus, and Economy

COVID-’19 CRISIS: AN INTERNATIONAL LEGAL EVALUATION OF THE CHINESE CENSURABILITY

Abstract

Abstract From a case of beds waiting for patients to a paradigm shift of patients waiting for beds. This is the new reality many countries around the world have been forced to contend with. The novel coronavirus is not just snuffing life out of people. It is also destroying livelihoods, relationships etc. The virus has indeed inflicted an unprecedented magnitude of damage on the globe. Flowing from the aforementioned, the question that has continued to spark burgeoning interest in the minds of many is: can China be held culpable for the spread of the contagion? This paper takes the stand that though there might be a possibility that China didn’t create the coronavirus intentionally; its malfeasance has certainly led to the spread of the global contagion. Specifically, the Chinese government appears to be complicit in failing to communicate timely information to the international community and relevant authority (the World Health Organization). Keywords: Pandemic, Culpable, International law, International community.

CHARTING THE COURSE FOR A POST COVID-19 WORLD: THE NIGERIAN SHIPPER’S PERSPECTIVE

Abstract

Abstract Following reports regarding the ravaging impact of the novel Coronavirus, the International Maritime Organization have made efforts by urging flag state authorities to adopt certain precautionary measures so as to ensure minimal disruption of shipping activities. However, the measures imposed are making it challenging for stakeholders in the shipping industry to fulfill their contractual obligations. As such, this paper makes an examination of the impact of the Covid-19 on the shipping sector. Also, it discusses some relevant issues that may be vital in charting a course for the post covid-19 era. This paper holds that where these steps are being adopted, the shipping industry will be on its way to a prolonged sustenance. Keywords: Covid-19, Shippers, Maritime

LEGAL AND PRACTICAL CONSIDERATIONS ON CHINA’S INTERNATIONAL RESPONSIBILITY FOR COVID-19

Abstract

Thomas Hobbes’ Social Contract Theory, in the context of international law, explains the significance of checks on the actions and omissions of sovereign states by legal principles mutually acceded to. This philosophical backdrop stands out for its overwhelming emphasis on the enthusiastic submission of sovereign states to legal obligations and their legal responsibility in cases of breach. The world currently embattles the COVID-19 pandemic and its attendant disruptions. Reinvigorated by the concealment of critical information by the Chinese government, there have been attempts to attribute a legal responsibility to China for several wrongful acts which largely limited the capacity of other nations to inhibit the spread of the virus. Considering China’s legal obligations under relevant international law and critically examining whether China was in breach of her obligations, this article provides theoretical support for China’s liability while illustrating the practical loopholes in legally enforcing responsibility on the world power. Keywords: COVID-19, International responsibility, China, International Health Regulations

Covid-19 Pandemic: An Evaluation of China’s State Responsibility under International Law

Abstract

Abstract The world we have today has become a stage where almost all its actors are grappling with a common enemy – Coronavirus or COVID-19. The COVID-19 pandemic has taken a huge toll on international relations and has caused unprecedented disruptions in the economic, political and social lives of people across the globe, with over 15 million confirmed COVID-19 cases and 636,978 related deaths as at the time of writing. This wide scale of damage has raised the question of China’s responsibility and potential liability under international law for its role in the spread of the virus, and has also led to repeated calls for reparations to affected countries. This paper attempts to explore the concept of “State Responsibility” under public international law and examines whether China can be made culpable for its failure to prevent the spread of the outbreak internally and externally across international borders. Keywords: COVID-19, International Law, State Responsibility, Reparations