Study On The Application Of International Travel Restrictions In The Case Of Public Health Emergencies Of International Concern

Since the COVID-19 outbreak was declared by WHO as the sixth Public Health Emergency of International Concern(PHEIC),countries have used unreasonable International travel restrictions against affected countries.As a result,the basic human rights of international tourists cannot be effectively guaranteed,which also makes the international community pay increasing attention to the understanding of "public health emergencies" and the application of relevant systems.Under the current international law in the field of public health system,whether it is who,sovereign state such international law the main body,or relating to the international convention on protection of the rights,the international tourists in dealing with international travel restrictions on the existence of "solo" situation,and apply for international tourists travel restrictions on the basis of existing fragmentation of international law and no system characteristics,It also makes it difficult for countries around the world to decide whether and how to apply international travel restrictions.Therefore,this thesis attempts to resolve the issue of whether and how international law and the subject of international law should respond in order to balance the conflict between the protection of individual tourism rights of international tourists in the field of infectious disease prevention and control and the collective protection of the right to health of non-infected countries.The first chapter of this thesis is entitled "PHEIC Overview and unreasonable Application of international travel restrictions",and is divided into three sections.The first section mainly points out the current situation of "unreasonable application of international travel restriction measures" in the practice of the international community,summarizes and classifies the travel restriction measures adopted by various countries in the current practice of international law,and expounds the specific situations and manifestations of unreasonable application based on the cases occurred in practice.The second section gives the legal basis that should be followed when applying international travel restriction measures.As the corresponding international law system presents the characteristics of "fragmentation",the thesis focuses on the differences or conflict points of different international law bases,paving the way for the in-depth analysis of their causes in the second chapter.The principles elaborated in section 3 are summarized based on the legal basis and practical cases in Section 2.Due to the corresponding legal basis complicated,difficult to separate or joint which several treaties shall apply,so from the perspective of balance the public power and private rights,summarized in applicable should follow the basic principles,including the rationality,quite as well as the principle of timeliness,soffware instance,clarify applicable international travel restrictions whether reasonable standard and boundary.The second chapter mainly analyzes the causes and consequences of unreasonable application of international travel restrictions.The first section is one of the core contents of this thesis.From the perspectives of international law itself,WHO,non-governmental international organizations and international cooperation mechanism,the unreasonable application of international travel restrictions is deeply demonstrated and analyzed.The first part of the order "diamond princess" cruise event occurs during the outbreak of a classic case of international law,from the international law system and goes on to the contradiction between the health law system discussed in the current international law system of the problem of lack of cohesion and binding force of the international law itself and argument the reason caused international travel restrictions exist unreasonable apply.The second part starts from who,an inter-governmental international organization,and discusses the unreasonable application of international travel restrictions caused by the defects of WHO,which further arouses the international community’s doubts about the professionalism of WHO and leads to a credibility crisis.Since inter-governmental international organizations have their own defects,it is necessary to introduce inter-governmental international organizations to participate in international affairs.Therefore,the third part,starting from the subject qualification of non-governmental international organizations participating in international affairs,demonstrates the necessity of their participation in international affairs and the internal factors of their failure to effectively participate in the establishment of international travel restriction rules.The fourth part analyzes that it is difficult to operate an international cooperation mechanism under the influence of the epidemic from the perspective of information asymmetry between the affected countries and the international community and the unequal rights and obligations of developed and developing countries,resulting in the lack of coordination in the implementation of international travel restrictions and falling into a situation of individual wars.From dealing with non-traditional security threats in the second quarter and the globalization of world economy and the development of two angles to this unreasonable to apply the consequences of more fully explain why the international community needs to reasonable international travel restrictions shall apply measures to reach a consensus on this issue,because the corresponding consequences or influence is for all mankind,and without which country can possess.After analyzing the causes and clarifying the consequences in the second chapter,the third chapter puts forward corresponding countermeasures and suggestions.The first section puts forward corresponding recommendations from the perspective of the international community as a whole.The first part focuses on the cohesion and binding force among the international law systems mentioned above,emphasizing the international law status of the "recommendations" issued by WHO and ensuring the realization of their binding force with their flexibility.The second part is aimed at who,an intergovernmental health organization,and suggests that the international community strengthen its political and material support for WHO,so that WHO can play a real role in whether and how international travel restrictions are applied.The third part,starting from medecins sans Frontieres(MSF),discusses the status quo that the non-governmental international organizations should play an influential role in the corresponding international affairs to make up for their absence.The second section discusses the reasonableness and possibility of linking international travel restrictions with domestic laws and early-warning and prevention mechanisms from the perspective of China,with a view to making a contribution to China’s anti-epidemic cause and the protection of tourists’ rights.