All Roads Lead to the Hague? The COVID-19 Pandemic and the No-harm Rule

Abstract

In this article, the author analyses the no-harm rule under customary international law in order to determine how the rule could be applied in the prevention of transboundary harm caused by the COVID-19 pandemic, as well as in the possible adjudication of such harm. First, the author addresses whether the scope of the no-harm rule extends to transboundary harm caused by pandemics. Second, after examining the components of transboundary harm, the author will argue that the COVID-19 pandemic caused significant transboundary harm to most members of the international community. Third, the article will expand upon the obligation of states, under customary international law, to prevent significant transboundary harm. Finally, the author will provide some concluding remarks and address why the no-harm rule is an effective way of preventing as well as adjudicating transboundary harm caused by the COVID-19 pandemic.