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State Liability for Failure to Control the COVID-19 Epidemic:…
State Liability for Failure to Control the COVID-19 Epidemic: International and Dutch Law
INTERNATIONAL STATE LIABILITY
Internationally wrongful act
When its action or omission is attributable to the state under international law; and constitutes a breach of an international obligation of the state.
States have a duty to cooperate with other states and to protect other states against harmful acts by individuals from within its jurisdiction.
China
They kept information about COVID 19
China is required to make full reparation for the injury caused by the internationally wrongful act
Australia and te Netherlands
THE DUTCH GOVERNMENT’S RESPONSE TO THE COVID-19 OUTBREAK
The state commits an unlawful act
Thee Dutch government’s objective was not the protection of public health; rather, it was the prevention of public concern so as to avoid economic disruption.
DELAY IN RESPONSE MEASURES
The RIVM took a long time to prevent the COVID 19 spread.
LACK OF PREPAREDNESS AND TRANSPARENCY
Inadequate preparations
The failure to test the population has been a key issue.
Neither the RIVM nor the Dutch government has been transparent about the data and analysis underlying their recommendations and policy measures.
Conclusions
Negligent omissions and other careless or unlawful acts are triggers of potential state liability.
States that have failed in controlling the spread of the virus are likely to be held accountable and liable.
María Ines Salazar A01027120