Dissension on Covid Reparations
SRM School of Law, SRM Institute of Science and Technology, Kattankulathur, India
Volume III – Issue II, 2021
Where there is a right, there is a remedy (Ubi jus ibi remedium). Associating the phrase with International law, it arises out of the nature of the international legal system and the doctrines of state sovereignty and equality of states under state responsibility. The indicated state responsibility is the underlying key factor to get reparation for the wrongful act made by any state. Reparations have long been a means to remedy for wrongdoing in international law. The 1919 Treaty of Versailles after the First World War is a common example, but in the past century reparations have been used for a range of violations of international and domestic law. Recently many debates are held in the matter of reparations against a particular country for just one cause that changed the lives of people around the world within a short span of time. Considered as a mass epidemic that shall not be forgotten for days to come the Severe Acute Respiratory Syndrome Corona virus 2 (SARS-CoV-2) also commonly known as covid-19 caused a great damage in the fast moving world by halting its movements and showcasing a fear of death. Foreseeing the conditions and because of the nature of the epidemic the leaders and most scholars blame the origin country for its negligence and government’s shun conduct in not following the WHO’s regulations. In this research paper let us discuss upon the state responsibility of the origin country to the other members under international law and the defence that shall be played upon by the state under such circumstances.
Keywords: Reparations, Force majeure, State Responsibility, ‘No Harm’ Principle