The States’ Strict Liability Strategy: The Appropriate Way to Compensate Transnational Damages Caused by Covid-19

The world is faced with a fundamental question after the spread of the Corona Virus (Covid-19) and that is, whether any state or government is responsible for offering compensation for the damages caused by this pandemic. There are various answers to this question, but since the exact cause of this disease has not yet been determined, it is not possible to give a definite answer. However, preliminary assessments show, the main cause of the outbreak is related to activities that fall under the category of "non-prohibited activities" in international law. This situation makes the tendency towards the concept of compensation for damages caused by not prohibited activities, the most desirable option in claiming compensation for transnational damages caused by Covid-19. The advantage of recourse to this concept is, there is no need to prove any international wrongdoing against the responsible state in order to claim damages. At present, the strategy governing the compensation regime of damages arising from not prohibited activities is based on the primary and original liability of the operator and the secondary and residual liability of state of origin. However, this article, while examining this strategy, concludes that in order to compensate ultra-hazardous not prohibited activities that lead to damages such as Covid-19, it is necessary to switch to the States’ Strict Liability Strategy.