Outcomes of Internationally Wrongful Acts and COVID-19 Pandemic
Outcomes of Internationally Wrongful Acts and COVID-19 Pandemic

Author(s): Mesut Şöhret
Subject(s): International relations/trade, Security and defense
Published by: Scientia Moralitas Research Institute
Keywords: Internationally Wrongful Acts; COVID-19 Pandemic; State Responsibility; Cessation;
Summary/Abstract: It is one of the basic principles of international law that the state that makes an act contrary to international law must compensate for the damage arising from this act. Accordingly, when an international commitment has been breached, it is a principle of international law to adequately remedy it; therefore, reparation is a mandatory complement condition in the execution of a contract, without it being written in this contract. The core legal consequences for the responsible state on the commission of an internationally wrongful act are twofold: to cease the wrongful conduct and to make full reparation for the injury caused by the internationally wrongful act. Injury includes any material or moral damage, emerged as a result of an internationally wrongful act of a state. “The general principle that the legal consequences of an internationally wrongful act do not affect the continued duty of the State to perform the obligation it has breached. As a result of the internationally wrongful act, a new set of legal relations is established between the responsible State and the State or States to whom the international obligation is owed. But this does not mean that the pre-existing legal relation established by the primary obligation disappears.” “In particular, all states in such cases have obligations to cooperate to bring the breach to an end, not to recognize as lawful the situation created by the breach, and not to render aid or assistance to the responsible state in maintaining the situation so created.” This study focuses on the actual situation that emerged during the COVID-19 pandemic process by examining the issue of international tort and its consequences.

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