Abstract
State Liability for Failure to Control the COVID-19 Epidemic: International and Dutch Law
Highlights
The COVID-19 epidemic has caused governments in Europe to impose a variety of measures to fight the spread of the disease
This article discusses the potential liability of governments in relation to neglicence and omissions with respect to COVID-19 measures
On 30 January 2020, the World Health Organization (WHO) declared the COVID-19 outbreak a “Public Health Emergency of International Concern”.16. This followed a call by the WHO on 13 January 2020, after the first COVID-19 patient outside of China had been confirmed, for active monitoring and preparedness
Summary
The COVID-19 epidemic has caused governments in Europe to impose a variety of measures to fight the spread of the disease. State liability can arise if governments have been negligent in addressing the threat of the COVID-19 epidemic, where they have created risks due to not implementing restrictions or not doing so in a timely manner, or otherwise have failed to protect public health and human lives. These issues are analysed with reference to international law and the laws of The Netherlands, which has a well-developed – albeit idiosyncratic – system of state liability.[1]. That governments are likely to offer compensation for the damages caused by these measures
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