Lawsuits an attempt to cover US failure
Editor’s note: Washington has been desperately trying to make Beijing the scapegoat for its failure to contain the novel coronavirus pandemic in the United States. Some US organizations and individuals have even filed lawsuits demanding compensation from China for “spreading” the virus in the US. Following are excerpts from four experts’ commentaries — first published in People’s Daily, Guangming Daily and Legal Daily — explaining why the lawsuits have neither legal nor factual validity:
US politicians’ prejudice against China exposed
After the COVID-19 outbreak in the US, some politicians, to fulfill their narrow political agendas and ignoring the safety and health of American citizens, have encouraged some individuals and organizations to file lawsuits against the Chinese government in a bid to divert domestic public attention from the US administration’s failure to contain the virus.
According to US media reports, Missouri Attorney General Eric Schmitt has filed a lawsuit against China in the federal court of the state. Using information mainly from media reports, Schmitt has accused China of “making and transmitting” the virus, which runs counter to the “principle of sovereign equality” as enshrined in the United Nations Charter. The accusation is also incompatible with the sovereign immunity principle of international law, according to which a sovereign state is immune from all civil suit or criminal prosecution in another state.
The principle of sovereign immunity connotes that a sovereign state, unless it waives its immunity, is immune to the jurisdiction of foreign courts and the enforcement of foreign court orders. This is an important customary international law to regulate relations between sovereign states. The lawsuits filed in US courts against China are therefore inadmissible in international law — not least because all the measures China has taken to conduct the gene sequencing of the novel coronavirus and contain the outbreak are exactly what any sovereign state should do, and a court of another country has no jurisdiction over such actions.
There are no exceptions to sovereign immunity for states in any international convention. This means a court of one sovereign state has no jurisdiction over the actions of another sovereign state within its own territory, and shows the US lawsuits are an attempt to not only discredit the efforts of the Chinese government and the people to contain the epidemic, but also claim China does not enjoy sovereign immunity.
More important, the lawsuits — which are an interference in the internal affairs of China — expose the prejudice of some US politicians against China, the Communist Party of China and the country’s political system. Zhang Naigen, distinguished professor at Fudan University, and vice-president of China Society of International Law
US administration and politicians to blame
The pandemic has had a major impact on the political, economic and social order of the US, which accounts for the highest number of confirmed COVID-19 cases and deaths in the world. But instead of making greater efforts to contain the virus and save lives, some US officials and organizations have filed lawsuits claiming China is responsible for the pandemic-caused losses in the US and therefore should pay compensation. Some US lawmakers have even demanded that China be forced to write off US debts as compensation.
Do the lawsuits have any legal and factual validity? And why are US politicians encouraging people to file such lawsuits?
The lawsuits are nothing but an abuse of legal provisions, and they not only have no basis in international law but also contradict US domestic laws.
According to the sovereign immunity principle of international law, China is exempt from the jurisdiction of courts in other countries, the US included. And by suing the Chinese government in US courts, the plaintiffs have violated the sovereign immunity principle and challenged the international order.
Devoid of any legal basis and facts, the lawsuits are a desperate attempt to hide the US administration’s failure to contain the virus and shift the blame to China. The rapid spread of the virus has no cause-and-effect relationship with the prevention and control measures taken by China.
China is the first major country to largely control the pandemic. And due to China’s swift and stringent anti-epidemic measures, the Republic of Korea, Vietnam and other Asian countries neighboring China managed to effectively contain the epidemic. In contrast, despite being one of the first country to suspend travel links with China to prevent the importation of the novel coronavirus, the US could not contain the rapid spread of the virus from mid-March.
Given these facts, shouldn’t the US administration and politicians be blamed for the rising number of infections and deaths in the country?
Moreover, no international law or treaty says that a country can be held liable for the spread of an epidemic, or forced to pay compensation for the losses caused by a disease outbreak. In other words, no country can be held responsible, legally or otherwise, for a pandemic regardless of where it first broke out. Huo Zhengxin, professor at the China University of Political Science and Law
Washington must ask courts to dismiss lawsuits
At a time when people around the world are struggling to cope with the enormous challenges posed by COVID-19, some US individuals and organizations have filed lawsuits against the Chinese government and organizations in disregard of international law.
Anyone with even a little knowledge of international law can see the compensation claims have no legal or factual basis, and instead they are a gross misuse of legal means driven by political motives. If not checked, such acts will seriously damage the international legal order, which will have serious consequences for the international community.
First, sovereign states are equal, and a sovereign state is immune to the jurisdiction of foreign courts and the enforcement of foreign court orders. Although there are some exceptions to sovereign immunity, for instance, commercial claims, the principle of sovereign immunity in international law is still recognized as the cornerstone of modern international relations.
Second, according to international law, the premise of determining the state responsibility of a sovereign state is based on whether it has committed an internationally wrongful act, that is, whether it has violated the customary international law or breached any international treaty obligations. After the outbreak, the Chinese government, in accordance with International Health Regulations, made public all information related to the outbreak and took stringent measures to contain the virus, including locking down severely affected areas, which helped the country control the epidemic within a relatively short time and thus boost the global fight against the pandemic.
Therefore, instead of violating any international law, the Chinese government has faithfully fulfilled its obligations in the global fight against the virus. So, how can some in the US claim compensation from China?
The fact is that, by filing lawsuits against China, US individuals and organizations have violated international law. As such, the US administration should urge its courts to immediately dismiss the malicious lawsuits as part of its obligation under international law.
If the US administration does not stop, and instead encourages, such plaintiffs, it would be committing an internationally wrongful act against China which can file a compensation claim. Liu Jingdong, research fellow at the Institute of International Law, Chinese Academy of Social Sciences
US judiciary doesn’t have jurisdiction over cases
The lawsuits filed by some US individuals and organizations against China are an attempt to politicize COVID-19 in gross violation of international law and undermine global cooperation.
Even under US domestic laws, especially the Foreign Sovereign Immunity Act, US courts have no jurisdiction over such lawsuits, and thus should dismiss the plaintiffs’ unreasonable claims.
The US judiciary is duty-bound to examine whether it has jurisdiction over such lawsuits, and dismiss them if it doesn’t. Under the US Federal Rules of Civil Procedure, a defense of lack of jurisdiction may be raised at any stage of a lawsuit. Since the plaintiffs’ claims are not supported by any evidence, US courts cannot rule by default against the defendant.
The United States Code says that a federal or state court of the US may not rule by default against a foreign state, its political branch, agency, or entity unless the plaintiff’s claim or remedy right is supported by convincing evidence to the court. Since the plaintiffs’ lawsuits have no legal or factual basis, the courts have no power of jurisdiction over these cases, and since China is not responsible for the pandemic in the US, the courts should reject the lawsuits, and not pass any judgments by default against the defendant.
Li Qingming, associate research fellow at the Institute of International Law, Chinese Academy of Social Sciences.
The views don’t necessarily represent those of China Daily.
The fact is that, by filing lawsuits against China, US individuals and organizations have violated international law. As such, the US administration should urge its courts to immediately dismiss the malicious lawsuits as part of its obligation under international law.