Applicability of State Responsibility for Health Emergencies and the Unique Situation of China amid SARS-COV-2

Abstract

This article aims to understand the limitations in enforcing state responsibility on a state of Origin for Trans boundary harm caused by a health emergency by analyzing the factors of force majeure, multiparty involvement, and inability to provide reparations, and the unclear source of the virus as the chief hindrances in prosecuting such states. The authors further explore the various conditions that triggered other PHEICs in history and the consequences and actions taken due to the trans-boundary harm caused. Furthermore, the article also studies the conditions that gave rise to the wet markets and traces the shortcomings in law that hurt the Origin of the virus. After that, the article studies how countries have failed to invoke the state responsibility of trans-boundary harm caused by a PHEIC. Lastly, the article further delves into how Chinese authorities blame both pre and post-outbreak and examine how the global community can negotiate with China for adequate compensation.