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CARMEN MOLDOVAN, On the possibility of establishing China's international responsibility for the effects ...

 Abstract: The aim of this paper is to address the possibility of applying the rules of International Law on State responsibility for wrongful acts to the conduct of China in the context of COVID-19 pandemic. The aim of the paper is not to carry out a comprehensive analysis of this institution and to give an unequivocal answer to this issue, but to conduct a brief examination of the relevant rules of International Law regarding the institution of State responsibility. The analysis of the conditions of international responsibility of the States and the connection with other principles of Public International Law appears to be not only a useful one, but also a necessary one, as there are several affirmations made publicly that support this possibility regarding China, and also proceedings and legal claims against the Chinese State before courts in the United States. The main issues to be analyzed are, on the one hand, the basis of international jurisdiction and the notion of wrongful conduct and, on the other hand, the principle par in parem non habet imperium, applicable before the courts of another state.

Keywords: responsibility; jurisdiction; immunity; conduct; international obligation.


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