Should Nations File Lawsuits against China for Compensation over the Pandemic?

Late December last year, the majority of people around the globe did not know that there was a pandemic in Wuhan, China. In January 2020, people did not think that the pandemic would spread. Then, WHO announced the coronavirus outbreak a pandemic. Now, the virus infected over 2.7 million people with nearly 190,000 deaths. In the middle of the crisis, the U.S. state of Missouri filed a civil lawsuit against China over its handling of the outbreak.

 

Businesses were closed or temporarily halted to avoid interaction, which could cause the virus to spread. In less than a month, 22 million of Americans had filed for unemployment benefits. World economy fell into recessions at a level not seen since the Financial Crisis in 2008, while the IMF expected that the global economy would likely fall to the level of the Great Depression in 1929.

A country would need trillions of dollars for the stimulus package during the crisis, and who knows how much would be needed to rebuild the economy.

Maybe suing China, the epicenter of the coronavirus outbreak, for compensation would yield an amount of funds for people in the state, thought the U.S. state of Missouri.

 

Filing lawsuit against China

The lawsuit was filed against the Chinese government, Chinese Communist Party, and other Chinese officials and institutions, alleging that their actions to suppress information, arrest whistleblowers, and deny the contagious nature of the 2019 novel Coronavirus led to loss of life and severe economic consequences in Missouri.

“COVID-19 has done irreparable damage to countries across the globe, causing sickness, death, economic disruption, and human suffering. In Missouri, the impact of the virus is very real – thousands have been infected and many have died, families have been separated from dying loved ones, small businesses are shuttering their doors, and those living paycheck to paycheck are struggling to put food on their table,” said Missouri  Attorney General Eric Schmitt. “The Chinese government lied to the world about the danger and contagious nature of COVID-19, silenced whistleblowers, and did little to stop the spread of the disease. They must be held accountable for their actions.”

Other business owners also filed lawsuits against China as well. For example, thousands of Americans had joined a class-action lawsuit in Florida seeking compensation from the Chinese government.

 

The lawsuit in China’s perspective

When asked about the lawsuits, Foreign Ministry Spokesperson Geng Shuang indicated that this kind of lawsuit has no factual or legal basis. It only invites ridicule.

Moreover, Geng stated that since the outbreak began, the Chinese government has been nothing but open, transparent and responsible in timely informing the WHO and relevant countries and regions including the US of pandemic-related information.

China has shared the genome sequence of the virus, actively responded to the concerns of all parties and strengthened cooperation with the international community. Recently, China used a timeline to detail its exchange of information with the US. Since January 3, China has been regularly updating all countries including the US on the latest development of the situation. The US has unfettered access to information and data from China. China has made significant contributions to the global fight against the pandemic. The international community bears witness to and highly commends this.

“Such (a) lawsuit is nothing short of frivolous litigation which defies the basic theory of the law,” stated Geng in the Regular Press Conference on April 22, 2020.

 

The arrest of whistleblower

Speaking of providing information, the Chinese government did share the information to the world, especially to the WHO, according to various reports and news publishing since early outbreak.

However, the virus may not be as severe as it is today if the Chinese government listened to the whistleblower.

On December 30, Li Wenliang sent a message to his former classmates from medical school to warn them that patients in Wuhan had symptoms similar to severe acute respiratory syndrome.

A screenshot of Li’s message went viral and sparked concerns to Chinese people. Li, later, was forced by the police to sign a letter which stated that he was making false comments. Li contracted the virus and died on February 7.

His death raised questions over the action of the Chinese government in suppressing Li’s comment. Later, Chinese authorities admitted that they took an “improper” action on Li and apologized to his family.

“Punishment will be carried out to relevant parties and personnel that have been slow in response, lost control in the prevention process and were ignorant of their job duties during the epidemic,” stated China’s Central Commission for Discipline Inspection.

 

It was not just the Americans that criticised the Chinese government on how they handle the case. Henry Jackson Society, a British think tank, said that the negligence of the Chinese government has cost the G7 at least $4 trillion. Meanwhile, the largest newspaper, Bild, in Germany had tallied up a total of $160 billion in losses in an article “What China already owes us.”

There is no right or wrong in “should all the countries file a lawsuit against China?” It could be in their right to do so, if they think China had mishandled the coronavirus case. Now, should the Europeans trace back in their history to find which country first contracted the Black Death, and file a lawsuit against that particular country?