An Analysis Of The Problems Of National Emergency And International Wrongful Acts

Declaring the state of emergency is an important means to solve the crisis and safeguard the interests of the state and the people.However,novel coronavirus pneumonia is not a major concern in the recent discussions on emergency situations.This article mainly discusses the state's emergency situation for military and economic problems.In a state of emergency,the exercise of state power usually shows the characteristics of expansiveness.This paper holds that,after a state of emergency is declared,if a country adopts aggressive means,against humanitarian means or other acts against the provisions of international law,it cannot be exempted from responsibility because it is in a state of emergency.The main contents of this paper are as follows: the first part,introduction;the second part,discusses the state of emergency.Mainly from the definition of state of emergency,the distinction between state of emergency and other related concepts,restrictions on human rights derogation under state of emergency,etc;the third part discusses the internationally wrongful act.This part mainly discusses the elements of the internationally wrongful act,the source of the international obligation;the fourth part discusses that the sanctions imposed by the United States against Iran constitute an internationally wrongful act after entering the state of emergency against Iran;the fifth part discusses the way of bearing the state responsibility and the commitment of the United States to Iran State responsibility;part six,conclusion.Based on the analysis of relevant concepts and cases,this paper concludes that an act taken by a state after declaring a state of emergency may still be recognized as an internationally wrongful act,so that it needs to bear state responsibility.Through the demonstration of this paper,we can provide a new perspective for the analysis of emergency and internationally wrongful acts.