Maestría en Derecho Internacional · 2024

Transboundary mobility and global health: analysis of due diligence obligations in the face of public health emergencies of international concern.

This article aims to complement the existing literature on the international obligations of States in the field of global health. In particular, this paper analyzes the international law applicable to an eventual State decision to establish vaccination against COVID-19 as a condition for the cross-border mobility of individuals under its jurisdiction. As a starting point, this contribution is relevant because the International Health Regulations are silent on the obligations of the State of origin in the face of public health emergencies of international concern. In the author¿s opinion, although the aforementioned conditioning can be justified under the rule of prevention of transboundary harm, international human rights law raises more complex questions in the context of the responsibility of the State for the internationally wrongful act. Thus, the purpose of the author is not only to make visible the international corpus juris applicable to the States of origin in this context, but also to determine whether an eventual State decision to condition transboundary mobility to vaccination against COVID-19 would give rise to international responsibility.