Reader's review: Is China legally liable for the spread of COVID-19?
This disclaimer informs readers that the views, thoughts, and opinions expressed in the text belong solely to the author, and not necessarily to the VarthaBharati.
Written by: Nehzaan Azeez Ekkeri
The COVID-19 pandemic has been rightly agitating the minds of people around the world, resulting in many attempts to attach the legal liability of its spread and havoc on the Chinese. These legal actions around the world are both in the form of civil and criminal in nature. When the arguments by the complaining party are concerning the lack of reasonable or prudent care exercised by the Chinese, the claims of tortious remedy have been filed, thereby seeking damages or compensation to remedy such failure to satisfy it's duty of care. Whereas, some litigants alleging conspiracy or biological warfare face a burdensome task to prove the mala fide or malicious intent beyond any reasonable doubt. The onus does not end here, rather this is going to open a Pandora's Box of longstanding international legal issues.
Undoubtedly, the first task in such litigations would be to overcome/satisfy the fundamental legal maxim of Damnum Sine Injuria (Injury without violation of a legal right), i.e. even if the injury caused is apparent, violation of legal right of the complaining party must be established. It is known that every right has a corresponding legal duty. While the world points fingers towards China as the country where the first Coronavirus case was detected, China seems to shift the blame on the US, while feeding the reports of 'ground zero' patient being from Italy. Hence, it would be onerous to demonstrate the legal obligation of China to stop the spread of Coronavirus. Moreover, allegations of conspiracy and biological warfare attach far greater burden of proof on the accuser, that is to prove the mala fide beyond any reasonable doubt. China may further argue that the duty of care had shifted on the complaining state to contain the spread, because it discharged its reasonable obligation when it informed about the pandemic through WHO on 31.12.2019, besides the possibility of it not originating in China itself.
Secondly, determination of the appropriate adjudicating authority is another legal challenge. The defense of sovereign immunity would obviously be claimed by China, however, interesting arguments against this defense can be advanced when the complaint is founded on human rights violations. As a general rule in international law, a domestic court is not entitled to compel a foreign state to answer to its process. The law suits in the US have cited the exceptions under Foreign Sovereign Immunities Act to press charges against China, but many experts have argued that such pleadings by the complainants before the domestic courts of the US are misplaced, even going by the text of said legislation of the US. Additionally, to sue the foreign states for their domestic policies could amount to judicial overreach. Fundamentally, it needs to be understood that in international law, there is no compulsory jurisdiction with International Court of Justice or any other judicial forum, as such jurisdictions are subject to agreement or acceptance under some treaty etc., and there is no such acceptance by China.
Thirdly, even if some adjudication forum assumes and exercises jurisdiction in such suits or prosecutions against China, thereby finding it guilty of the charges or declares it as a tortfeaser, the execution of such orders may be a Herculean task, as China may outrightly reject the legitimacy of such an adjudication itself. A British conservative think tank by the name Henry Jackson Society in its new report has opined that China is liable for mishandling of the disease in the early stages. It has further called for countries to use a combination of almost ten legal avenues including the WHO, ICJ, Permanent Court of Arbitration, courts of Hong Kong etc., to pressurise China to pay the damages. But how probable is for US or any other country to impose sanctions under its domestic laws? Given the fact that such pandemics may occur in any country, the mere spread of it without the unquestionable criminal culpability of the Chinese, US and other states would be wary of pressuring China to compensate for the disease, as such a precedent may boomerang at them in the future. Imposition of sanctions through Security Council shall fall flat for obvious reason of China exercising its veto. Ultimately, it may only give rise to another bilateral trade war between China and the US. Thus, unsurprisingly, public international law is often touted as soft law.
This disclaimer informs readers that the views, thoughts, and opinions expressed in the text belong solely to the author, and not necessarily to the VarthaBharati.
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Bihar: Over 150 children fall ill after consuming 'mid-day meal' in Saharsa
Saharsa (PTI): More than 150 children were taken ill after allegedly consuming food that was part of the mid-day meal in a school in Bihar’s Saharsa district, a senior official said on Thursday.
The incident occurred at a middle school in Baluaha village of the district.
The official said that 115 children were undergoing treatment at the Sadar Hospital, while around 50 students were admitted to Mahishi Public Health Centre.
“We received information that several children fell ill after consuming the mid-day meal in Baluaha. The children were initially treated at the primary health centre, but later, many were referred to the Sadar Hospital,” Saharsa District Magistrate Deepesh Kumar told reporters.
“According to doctors, the health condition of the children has improved, but they will be kept under observation for some time. There is no need to panic. Some kids are having mild fever. They are being treated accordingly,” Kumar said.
Meanwhile, family members of some children claimed that a snake was found in the container in which cooked pulses was stored at the school.
Of the 545 students present in the school, 200 had already eaten their meals by the time the snake was spotted, and later complained of stomach ache and vomiting, they said.
Regarding the claims, the DM said food samples have been collected from the school.
“We will be able to comment on this only after the results of the tested samples arrive,” he said.
