ABSTRACT

Pursuing Politics Through Legal Means: Efforts to Hold China Responsible for COVID-19   [open html - 0B]

From the Webpage: "Attempts in the United States to use legal means to hold the People's Republic of China responsible for its role in novel coronavirus-linked harms are legally flawed and politically fraught. So far, they have taken several forms, each problematic in its own way--often a case of bad lawmaking or reflecting heated politics, domestically and internationally. This need not be so. Other, more promising ways to use law to promote accountability and, more importantly, to help reduce risks of future similar crises are possible. But they require a more engaged and less adversarial approach to international legal norms and related political ones--and to China--than will be forthcoming from Washington, at least under the Trump administration. To date, American efforts to invoke law to address China's role and hold China accountable for the COVID-19 [coronavirus disease 2019] pandemic have included: lawsuits brought--necessarily under existing law--by private class action plaintiffs and state attorneys general; proposed legislation to strip China of immunity from suit and create new grounds for legal liability; and calls from members of Congress, the Trump administration, and others to, in various forms, sanction or punish China through proposed measures that implicate international law."

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2020-05-12
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Foreign Policy Research Institute
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Foreign Policy Research Institute: https://www.fpri.org/
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text/html
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