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COVID-19 and Defences in the Law of State Responsibility: Part II

In our previous post, we considered whether States could rely on the plea of force majeure in respect of non-performance of international obligations connected to their efforts to contain the COVID-19. We concluded that force majeure might not provide a defence to States since their measures in addressing the spread of the virus were voluntary measures. In this post, we consider whether States could rely on the pleas of necessity or distress in the same circumstances.

COVID-19 and Defences in the Law of State Responsibility: Part II