Role of International Organisations, State Responsibility and the Case against China

Abstract

Coronavirus or COVID-19 not only overturned everyday life, but also forced us to remodel the very structure on which our civilization functions. The United Nations (hereinafter referred to as 'U.N.') and more particularly World Health Organisation (hereinafter referred to as 'WHO') have emerged as vital organisations dedicated towards curbing and preventing the spread of coronavirus and ensuring proper supply of medicines and other essential commodities during these critical times. The role of States has also become crucial in aspects of governance amid such an extraordinary situation that humanity finds itself in. Apart from general requirements of safety standards, many Conventions and Treaties provide for provisions which call for the role of the Government and global cooperation during an international health emergency. The UN Charter under Articles 1,2,55 and 56 and the 1970 Declaration on the Principles of International Law concerning Friendly Relations and Co-operation among States stresses States to cooperate during such extraordinary situations. Further, Article 25 of the 1948 Universal Declaration of Human Rights provides for the Right of People to have a healthy life and the duty on the State to protect this Right. In addition to it, the 1966 International Covenant on Economic, Social, and Cultural Rights under Article 12 lists duties of the participating States to ensure that the people should have the highest standards of health. Additionally, the Convention stresses upon the "prevention, treatment, and control of epidemic, endemic, occupational and other diseases”. Furthermore, the UN Committee on Economic, Social, and Cultural Rights under the 1966 Convention urged for "the creation of a system of urgent medical care in cases of epidemics and the provision of disaster relief and humanitarian assistance in emergencies.”