Prevent, Respond, Cooperate

Antonio Coco,Talita De Souza Dias

doi:10.1163/18781527-01102001

Antonio Coco, Talita De Souza Dias

Open Access

https://doi.org/10.1163/18781527-01102001

Copy DOI

Abstract

While disease outbreaks remain to a certain extent unforeseeable, international law provides a comprehensive legal framework requiring States to prevent their harmful consequences, effectively respond to ensuing health emergencies, and cooperate in achieving those aims. This contribution shows that, within this framework, many rules take the form of ‘due diligence’ obligations. Obligations of due diligence, albeit inherently flexible to accommodate different capabilities and circumstances, are binding on States. They impose a duty to act according to a standard of ‘good governance’: a State must employ its best efforts to realise certain common goals. At least five key sets of rules establishing due diligence duties are relevant to the Covid-19 outbreak: a) the ‘no-harm’ principle; b) international disaster law; c) the International Health Regulations; d) international human rights law; and e) international humanitarian law. We preliminarily identify some of the actions required from States to prevent new outbreaks and respond to the pandemic, whilst assessing compliance with applicable rules. We conclude that hard lessons learned during the current crisis should spur more decisive action to prevent and address future public health emergencies.

Highlights

The havoc wreaked by the Covid-19 outbreak, which has so far claimed thousands of lives and threatened the collapse of health and economic systems worldwide, could have hardly been anticipated by the average person
At least five key sets of rules establishing due diligence duties are relevant to the Covid-19 outbreak: a) the ‘no-harm’ principle; b) international disaster law; c) the International Health Regulations; d) international human rights law; and e) international humanitarian law
At least five different sets of international obligations are relevant to the Covid-19 outbreak: a) the ‘no-harm’ principle; b) international disaster law; c) the International Health Regulations; d) international human rights law (‘ihrl’); and e) international humanitarian law (‘ihl’)

Summary

Introduction

The havoc wreaked by the Covid-19 outbreak, which has so far claimed thousands of lives and threatened the collapse of health and economic systems worldwide, could have hardly been anticipated by the average person. Numerous rules of international law directly or indirectly address the prevention and response to an epidemic, with some calling for concerted action at the international level These rules are applicable to the Covid-19 pandemic, imposing on States a variety of obligations before, during and after the outbreak. Journal of international humanitarian legal sDtowundloaideesd f1ro1m(B2r0ill.2co0m)121/1082/-220231603:31:11PM harms when required.[10] This implies a baseline global standard of good governance applying to all States which, in itself, is a procedural due diligence obligation.[11]. In this contribution, we explore some of the key international rules which require States to act with due diligence to halt and mitigate the spread of Covid-19, as well as to prevent its further consequences and new outbreaks. We conclude that hard lessons learned during the current pandemic should spur more decisive action in the future

The Legal Framework

Four Types of Due Diligence Obligations with Respect to Epidemics

Conclusion