Legal Issues Related to COVID-19 Under International Law

Zhang Naigen

doi:doi:10.11648/j.ijsqa.20210701.14

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Legal Issues Related to COVID-19 Under International Law

Zhang Naigen

Published in International Journal of Science and Qualitative Analysis (Volume 7, Issue 1)

Received: 17 May 2021 Accepted: 7 June 2021 Published: 22 June 2021

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Abstract

The COVID-19 pandemic is an event of public health of international concern with extraordinary negative impacts on international community. Some legal issues have been raised by someone who accused Chinese failing to cooperate with World Health Organization and other countries to prevent spread of coronavirus over the world. In fact, several cases have been filed in the federal courts of the United States. This situation makes necessary for legal response. Against theses backgrounds, this paper argues the merits to respond such accusations in accordance with the international laws, focusing on three legal issues, first, to distinguish the general obligations of international cooperation for global health under Constitution of World Health Organization from the special obligations in fighting COVID-19 according to International Health Regulation, secondly, to demonstrate that China did not break these obligations based on the public records or disclosed evidences, and finally, to discuss the litigations in the United States against China from the perspectives of customary international law of the jurisdictional immunity of a state from another state. The method used by this paper is mainly normative analysis to interpret the relevant treaties and to review the cases of international and domestic courts in order to clarify what are the international obligations imposed on China in combating COVID-19 and what are the customary international laws related to the domestic jurisdiction on any cases against China. The conclusion of this paper is that China has not violated any international health laws and the customary international law of sovereignty immunity does not permit any domestic jurisdiction in this regard.

Published in	International Journal of Science and Qualitative Analysis (Volume 7, Issue 1)
DOI	10.11648/j.ijsqa.20210701.14
Page(s)	21-29
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

COVID-19, Legal Issues, International Health Laws, Different Obligations, International Cooperation, State Immunity

References

[1]	WHO-convened Global Study of Origins of SARS-CoV-2: China Part, Joint WHO-China Study, 14 January-10 February 2021, Joint Report, p. 120.
[2]	Peter Tzeng, “Taking China to the International Court of Justice over COVID-19”, EJIL: Talk, Blog of the European Journal of International Law, April 2, 2020; available at http://ejiltalk.org/taking-china-to-the-international-court-of-justice-over-covid-19, visited on 1 May 2021.
[3]	Henderson, Matthew and Mendoza, Alan etc. “Coronavirus Compensations? Assessing China’s Potential Culpability and Avenues of Legal Response”, Henry Jackson Society. April 2020, available at https://henryjackson society.org/publications/coronaviruscompesation/, visited on 1 May 2021.
[4]	The State of Missouri v. China, Case: 1: 20-cv-00090 Doc.#: 1 Filed: 04/21/20, p. 46.
[5]	The State of Missouri v. China, Case: 1: 20-cv-00090 Doc.#: 1 Filed: 04/21/20, para. 143.
[6]	Azalea Woods of Ouachita etc., v. China, Case 3: 20-cv-00457-TAD-KLH Doc.#1 04/13/2020, p. 13.
[7]	David Fidler, “COVID-19 and International Law: Must China Compensate Countries for the Damages?” Just Security March 27, 2020, available at https://www.just security.org/69394/covid-19-and-international-law-must-china-compensate-countries-for-the-damage-international-health-regulations/ visited on 1 May 2021.
[8]	The Constitution of the World Health Organization, 14. U. N. T. S. 185.
[9]	WHO, the International Health Regulation (2005) third edition, 2016.
[10]	Territorial Dispute (Libyan / Chad), Judgment, ICJ Reports 1994, pp. 20-21, para. 41.
[11]	Guenther Dahlhoff, International Court of Justice, Digest of Judgment and Advisory Opinions, Cannon and Case Law, 1946-2012, Leiden: Martinus Nijhoff Publishers, 2012, pp. 1784-1789.
[12]	ILC, Responsibility of States for International Wrongful Acts, 2001, YILC, 2001, vol. II (Part Two), article 2.
[13]	James Crawford, Alain Pellet, and Simon Olleson, The Law of International Responsibility, Oxford: Oxford University Press, 2010, pp. 397-403.
[14]	Robert Jennings and Arthur Watts, Oppenheim’s International Law, 9th edition, Vol. 1 London: Longman Group UK Limited, 1993, p. 341.
[15]	The Case of the S. S. “Lotus”, PCIJ, Series A-No. 10, September 7th, 1927, pp. 18-19.
[16]	Henkin, Louis, International Law: Politics and Values, Leiden: Martinus Nijhoff Publishers, 1995, p. 266.
[17]	Jurisdictional Immunities of the State (Germany v. Italy; Greece Intervening), Judgment, ICJ Reports 2012, p. 122, para. 54.
[18]	Jurisdictional Immunities of the State, ICJ Reports 2012, p. 123, para. 56.
[19]	Draft conclusions on identification of customary international law, with commentaries, 2018, YILC, vol. II, Part Two, p. 2.
[20]	The Nereide, 13 U.S. (9 Cranch) 388 (1815), at 423.
[21]	Hilton v. Guyot, 159 U.S. 113 (1895), at 163.
[22]	The Paquete Habana, 175 U.S. 677 (1900), at 700.
[23]	Banco Nacional de Cuba v. Sabbatino, at 423.
[24]	Restatement (Third), Foreign Relations Law of the United States, the American Law Institute, 1987, Part I, Chapter 2, Introductory Note.
[25]	Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, at 416.
[26]	Underhill v. Hernandez, 168 U.S. 250 (1897), at 252.
[27]	Philippa Webb, International Law and Restraints on the Exercise of Jurisdiction by National Courts of States, in International Law, fifth edition, edited by Malcolm D. Evans, Oxford: Oxford University Press. 2018, p. 317.
[28]	Alfred Dunhill of London Inc. v. Republic of Cuba, 425 U.S. 682, at 695.
[29]	Alfred Dunhill of London Inc. v. Republic of Cuba, at 704-705.
[30]	Restatement (Fourth), Foreign Relations Law of the United States, the American Law Institute, 2018, Chapter 5. Introductory Note.

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APA Style

Zhang Naigen. (2021). Legal Issues Related to COVID-19 Under International Law. International Journal of Science and Qualitative Analysis, 7(1), 21-29. https://doi.org/10.11648/j.ijsqa.20210701.14

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ACS Style

Zhang Naigen. Legal Issues Related to COVID-19 Under International Law. Int. J. Sci. Qual. Anal. 2021, 7(1), 21-29. doi: 10.11648/j.ijsqa.20210701.14

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AMA Style

Zhang Naigen. Legal Issues Related to COVID-19 Under International Law. Int J Sci Qual Anal. 2021;7(1):21-29. doi: 10.11648/j.ijsqa.20210701.14

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@article{10.11648/j.ijsqa.20210701.14,
  author = {Zhang Naigen},
  title = {Legal Issues Related to COVID-19 Under International Law},
  journal = {International Journal of Science and Qualitative Analysis},
  volume = {7},
  number = {1},
  pages = {21-29},
  doi = {10.11648/j.ijsqa.20210701.14},
  url = {https://doi.org/10.11648/j.ijsqa.20210701.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsqa.20210701.14},
  abstract = {The COVID-19 pandemic is an event of public health of international concern with extraordinary negative impacts on international community. Some legal issues have been raised by someone who accused Chinese failing to cooperate with World Health Organization and other countries to prevent spread of coronavirus over the world. In fact, several cases have been filed in the federal courts of the United States. This situation makes necessary for legal response. Against theses backgrounds, this paper argues the merits to respond such accusations in accordance with the international laws, focusing on three legal issues, first, to distinguish the general obligations of international cooperation for global health under Constitution of World Health Organization from the special obligations in fighting COVID-19 according to International Health Regulation, secondly, to demonstrate that China did not break these obligations based on the public records or disclosed evidences, and finally, to discuss the litigations in the United States against China from the perspectives of customary international law of the jurisdictional immunity of a state from another state. The method used by this paper is mainly normative analysis to interpret the relevant treaties and to review the cases of international and domestic courts in order to clarify what are the international obligations imposed on China in combating COVID-19 and what are the customary international laws related to the domestic jurisdiction on any cases against China. The conclusion of this paper is that China has not violated any international health laws and the customary international law of sovereignty immunity does not permit any domestic jurisdiction in this regard.},
 year = {2021}
}

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TY  - JOUR
T1  - Legal Issues Related to COVID-19 Under International Law
AU  - Zhang Naigen
Y1  - 2021/06/22
PY  - 2021
N1  - https://doi.org/10.11648/j.ijsqa.20210701.14
DO  - 10.11648/j.ijsqa.20210701.14
T2  - International Journal of Science and Qualitative Analysis
JF  - International Journal of Science and Qualitative Analysis
JO  - International Journal of Science and Qualitative Analysis
SP  - 21
EP  - 29
PB  - Science Publishing Group
SN  - 2469-8164
UR  - https://doi.org/10.11648/j.ijsqa.20210701.14
AB  - The COVID-19 pandemic is an event of public health of international concern with extraordinary negative impacts on international community. Some legal issues have been raised by someone who accused Chinese failing to cooperate with World Health Organization and other countries to prevent spread of coronavirus over the world. In fact, several cases have been filed in the federal courts of the United States. This situation makes necessary for legal response. Against theses backgrounds, this paper argues the merits to respond such accusations in accordance with the international laws, focusing on three legal issues, first, to distinguish the general obligations of international cooperation for global health under Constitution of World Health Organization from the special obligations in fighting COVID-19 according to International Health Regulation, secondly, to demonstrate that China did not break these obligations based on the public records or disclosed evidences, and finally, to discuss the litigations in the United States against China from the perspectives of customary international law of the jurisdictional immunity of a state from another state. The method used by this paper is mainly normative analysis to interpret the relevant treaties and to review the cases of international and domestic courts in order to clarify what are the international obligations imposed on China in combating COVID-19 and what are the customary international laws related to the domestic jurisdiction on any cases against China. The conclusion of this paper is that China has not violated any international health laws and the customary international law of sovereignty immunity does not permit any domestic jurisdiction in this regard.
VL  - 7
IS  - 1
ER  -

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Author Information

Zhang Naigen

Law School, Fudan University, Shanghai, China

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Plain Text BibTeX RIS

APA Style

Zhang Naigen. (2021). Legal Issues Related to COVID-19 Under International Law. International Journal of Science and Qualitative Analysis, 7(1), 21-29. https://doi.org/10.11648/j.ijsqa.20210701.14

Copy | Download

ACS Style

Zhang Naigen. Legal Issues Related to COVID-19 Under International Law. Int. J. Sci. Qual. Anal. 2021, 7(1), 21-29. doi: 10.11648/j.ijsqa.20210701.14

Copy | Download

AMA Style

Zhang Naigen. Legal Issues Related to COVID-19 Under International Law. Int J Sci Qual Anal. 2021;7(1):21-29. doi: 10.11648/j.ijsqa.20210701.14

Copy | Download

@article{10.11648/j.ijsqa.20210701.14,
  author = {Zhang Naigen},
  title = {Legal Issues Related to COVID-19 Under International Law},
  journal = {International Journal of Science and Qualitative Analysis},
  volume = {7},
  number = {1},
  pages = {21-29},
  doi = {10.11648/j.ijsqa.20210701.14},
  url = {https://doi.org/10.11648/j.ijsqa.20210701.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsqa.20210701.14},
  abstract = {The COVID-19 pandemic is an event of public health of international concern with extraordinary negative impacts on international community. Some legal issues have been raised by someone who accused Chinese failing to cooperate with World Health Organization and other countries to prevent spread of coronavirus over the world. In fact, several cases have been filed in the federal courts of the United States. This situation makes necessary for legal response. Against theses backgrounds, this paper argues the merits to respond such accusations in accordance with the international laws, focusing on three legal issues, first, to distinguish the general obligations of international cooperation for global health under Constitution of World Health Organization from the special obligations in fighting COVID-19 according to International Health Regulation, secondly, to demonstrate that China did not break these obligations based on the public records or disclosed evidences, and finally, to discuss the litigations in the United States against China from the perspectives of customary international law of the jurisdictional immunity of a state from another state. The method used by this paper is mainly normative analysis to interpret the relevant treaties and to review the cases of international and domestic courts in order to clarify what are the international obligations imposed on China in combating COVID-19 and what are the customary international laws related to the domestic jurisdiction on any cases against China. The conclusion of this paper is that China has not violated any international health laws and the customary international law of sovereignty immunity does not permit any domestic jurisdiction in this regard.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Legal Issues Related to COVID-19 Under International Law
AU  - Zhang Naigen
Y1  - 2021/06/22
PY  - 2021
N1  - https://doi.org/10.11648/j.ijsqa.20210701.14
DO  - 10.11648/j.ijsqa.20210701.14
T2  - International Journal of Science and Qualitative Analysis
JF  - International Journal of Science and Qualitative Analysis
JO  - International Journal of Science and Qualitative Analysis
SP  - 21
EP  - 29
PB  - Science Publishing Group
SN  - 2469-8164
UR  - https://doi.org/10.11648/j.ijsqa.20210701.14
AB  - The COVID-19 pandemic is an event of public health of international concern with extraordinary negative impacts on international community. Some legal issues have been raised by someone who accused Chinese failing to cooperate with World Health Organization and other countries to prevent spread of coronavirus over the world. In fact, several cases have been filed in the federal courts of the United States. This situation makes necessary for legal response. Against theses backgrounds, this paper argues the merits to respond such accusations in accordance with the international laws, focusing on three legal issues, first, to distinguish the general obligations of international cooperation for global health under Constitution of World Health Organization from the special obligations in fighting COVID-19 according to International Health Regulation, secondly, to demonstrate that China did not break these obligations based on the public records or disclosed evidences, and finally, to discuss the litigations in the United States against China from the perspectives of customary international law of the jurisdictional immunity of a state from another state. The method used by this paper is mainly normative analysis to interpret the relevant treaties and to review the cases of international and domestic courts in order to clarify what are the international obligations imposed on China in combating COVID-19 and what are the customary international laws related to the domestic jurisdiction on any cases against China. The conclusion of this paper is that China has not violated any international health laws and the customary international law of sovereignty immunity does not permit any domestic jurisdiction in this regard.
VL  - 7
IS  - 1
ER  -

Copy | Download