초국경 환경오염 관련 국가의 책임과 코로나19 바이러스 유출 사태의 적용

Environmental pollution and the spread of infectious diseases are closely related. Moreover, outbreaks of viruses have something in common with international environmental issues in that they are immediately related to human survival problems as seen in the case of Covid19. Since the 21st century, destruction of the human environment, such as global warming due to global air pollution, has become a major cause of the outbreak of viruses such as SARS and Covid19. The obligation to promptly notify other countries of an emergency trans- border damage situation has been established as a procedural obligation under due diligence. Similarly, in the IHR 2005 established by the WHO in 2005, all public health information must be communicated to the WHO in an efficient manner in the case of a public health emergency. When the Covid 19 occurred in December 2019, the Chinese government is suspected of delaying reporting Covid19 information to the WHO and the international community. If China violates international environmental law and international health law, it will be responsible for international law. However, it is unlikely that China will actually participate in litigation for reasons such as the principle of ‘Sovereign Immunity’ under international law. The theory of Sovereign Immunity does not deny the state’s legal responsibility itself. Even if it can’t actually hold legal liability, China’s UN permanent standing could put political and diplomatic pressure to comply with international environmental law.