Enforcing Strict Liability Under the Principle of State Responsibility: An Argument for Fixing Responsibility of COVID-19

Gulati, Jasmeet ORCID: https://orcid.org/0000-0003-3726-9647 (2021) Enforcing Strict Liability Under the Principle of State Responsibility: An Argument for Fixing Responsibility of COVID-19. RGNUL Law Review, 11 (1). pp. 1-10. Rajiv Gandhi National University of Law, Punjab . ISSN 2231-4938 Available at: https://www.rgnul.ac.in/PDF/b53efee5-d68b-4c8f-bfc...

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Abstract

The principle of State responsibility under international law has been recognized by the community of states. The basis of state responsibility lies in the twin principles of state sovereignty and equality of states. International law respects sovereign equality of states, according to which no state can bring any harm or injury to any other state, else it will have to compensate for the harm done and be responsible for its conduct with such other state/s. With regard to the law relating to state responsibility specifically for internationally wrongful acts, it is well established under the Articles, known as “Articles on Responsibility of States for Internationally Wrongful Acts” which were adopted by the International Law Commission (ILC) and later submitted to the General Assembly in 2001. According to these Articles, a state is responsible for every internationally wrongful act which is attributable to the state. Further, State responsibility is invoked when there is a breach of international obligation. The international obligation is the one by which a state is indebted to another state or the community of states either under treaty provisions including the provisions of United Nations charter or under customary international law. Every breach of international obligation would amount to an internationally wrongful act. It would also include any breach of ‘jus cogens’ norms.

Item Type: Article
Subjects: Physical, Life and Health Sciences > Public Health, Environmental and Occupational Health
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Vol/Issue no. published date: June 2021
Depositing User: Mr. Syed Anas Ali
Date Deposited: 03 Sep 2026 09:41
Last Modified: 03 Sep 2026 09:41
Official URL: https://www.rgnul.ac.in/PDF/b53efee5-d68b-4c8f-bfc...
URI: https://pure.jgu.edu.in/id/eprint/12439

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