Several states have taken measures in attempt to contain and mitigate the spread of the Covid-19. Many declared states of emergency in accordance with their own domestic laws. Some of the measures taken are social distancing, quarantines, lockdown, cancellation of mass events, isolation, travel restrictions, etc.
All those measures have had significant impact on individuals, humanity, the global economy, supply chains and other commercial relations. Could states plea any defence in imposing those measures? International Law Commission Articles on the Responsibility of States of Internationally Wrongful Acts (ARS) sets out 6 available defences and only three of them are potentially relevant to rely on.
In this virtual classroom, Diana will discuss three of the specific defences: necessity, force majeure and distress.