Guest Lecture: State Responsibilty : Can China Be Held Responsible In International Law For Covid-19?
Mr. David Angelo Atty. Jose Angelo[1] A. David is an Associate Solicitor at the Office of the Solicitor General. He was formerly an associate at the Angara Abello Concepcion Regala and Cruz Law Offices (ACCRALAW) before entering government service. He is a professor of law in San Beda University and Far Eastern University. He is also a recent LLM graduate from Harvard Law School [2]and a researcher at the Harvard Research Institute mainly in Investment Arbitration disputes.
Mr. David Angelo was invited by Mr. Allan Mukuki to deliver a Virtual guest Lecture for the Strathmore Law Students, that is the Barristers and Solicitors Class on 9th March 2021.The guest lecture was mainly focused on State Responsibility .Prior to the class, the students embarked on the topic for their assignment on COVID -19 and the State Responsibility of China. This required the students to research rigorously on the topic to answer the question coherently. The Guest lecture was divided into three major parts : to establish the elements of state responsibility .The analysis of State responsibility was to demystify the fact that state responsibility is only premised on the Argument that, since State X caused an irreparable damage due to a Pandemic then State X is responsible .The analysis on State responsibility was premised on two major elements, that is: attribution and breach .The analysis was further substantiated to analyze the actions by state organs and ultra vires actions amounting to State responsibility. The second ambit of the class concentrated on actions that amount to breach and the third ambit covered State responsibilities involving health regulations.
The analysis in this class was qualitative, as the arguments presented in the lecture were fully cited by the relevant regulations, Conventions, Draft articles on State Responsibility and Opinio Juris. The students were not only excited by the methodology and structure of submission but also by the conceptual analysis and the inquisitorial analysis on State responsibility at the advent of pandemics.
The Lecture also left students curious in justifying State responsibility. The message from the students is that they not only appreciate the nature of the Guest lecture but also to be able to have more sessions with Mr. David Angelo regarding matters of International law .The students also appreciate the efforts by Mr. Allan Mukuki for the guest lectures and the exposure it has had on students.
This Article was written by,
Abdilatif Ali , an LLB third year Student from Strathmore University, an Editor at Afronomics Law Forum ; a regional representative from Kenya, a Human Rights Clinician at Strathmore Law Clinic and the current President at Strathmore Debate Society.
[1] See Barrista Solutions were able to have an enthralling interview with Mr. David, Barrista Solutions < https://www.barristasolutions.com/post/becoming-goliath-atty-david-s-harvard-law-journey> accessed on 9th March 2021.
[2] See, Virtual Pinoy, < https://virtualpinoy.com/2020/06/filipino-graduates-from-harvard-law-school/> accessed on 9th March 2021.