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Title

"COVID-19" and International Law: Prosecution of China in International Court of Justice

Pages

  47-67

Abstract

 "COVID-19", which was first seen in China in December 2019, outbreak worldwide in a short time and took the lives of many people around the world. In addition to claims concerning China's fault in creating the disease and failing to prevent its spread, it is seriously claimed that China has delayed and sometimes incorrectly reported information concerning disease to the World Health Organization, and as a result, It has breached its international obligations under the organization's Statute and its annexes, as well as some human rights instruments. Each of the member states of the organization may invoke to the international responsibility of China in the International Court of Justice for breach of the obligations set forth in the Statute by the permission set forth in Article 75 of the organization's Statute. The compliance of China's conduct with International Law in dealing with "COVID-19" can also is requested from the International Court of Justice in the form of an advisory opinion. Despite the low mandatory nature of advisory opinions compared to judgments, the Court is not subject to jurisdictional limitations in considering advisory opinion and is not limited to examining violations of international obligations accepted by the China and can freely declare China's non-compliance with its legal obligations in various areas of International Law.

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    • Cite

    APA: Copy

    BAZZAR, VAHID. (2021). "COVID-19" and International Law: Prosecution of China in International Court of Justice. MEDICAL LAW, 14(55 ), 47-67. SID. https://sid.ir/paper/416651/en

    Vancouver: Copy

    BAZZAR VAHID. "COVID-19" and International Law: Prosecution of China in International Court of Justice. MEDICAL LAW[Internet]. 2021;14(55 ):47-67. Available from: https://sid.ir/paper/416651/en

    IEEE: Copy

    VAHID BAZZAR, “"COVID-19" and International Law: Prosecution of China in International Court of Justice,” MEDICAL LAW, vol. 14, no. 55 , pp. 47–67, 2021, [Online]. Available: https://sid.ir/paper/416651/en

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