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China’s liability under International Court for Covid- 19

Dated: July 20, 2020

China’s liability under International Court for Covid- 19

The Covid-19 pandemic has caused chaos everywhere with millions of cases and the number is still rising. The corona virus pandemic has engulfed more than 100 countries all throughout the globe and causing havoc. Until an effectual vaccine is made out and made accessible to the total world populace, the Covid- 19 remains a significant threat to the worldwide wellbeing. The efforts in preventing further transmission of the infection and to monitor further Covid- 19 effects have resulted in a fundamentally changed world, far reaching ramifications and slowing down the process of physical globalization. The close to halt of worldwide monetary action because of COVID-19 has prompted an overall budgetary emergency with yet unanticipated repercussions.

Governments were forced to great extent to primarily rely upon total lockdown, isolation, social distancing in order to prevent the community transmission of this infection. This flu like infection, with starting point from China, has caused a huge trouble to the international community in terms of health, social wellbeing etc. One of the journalist said that the economic danger of this virus will be greater than the risk on the health of the individuals. This virus can directly affect our lives most likely by preventing us from going to work, causing the employer to make you unemployed or can simply just bankrupt the company. The United Nations has already warned the unparalleled education disruption being caused all throughout the globe. This latest pandemic is affecting everyday lives of the people across the world, not just the ones who are suffering directly from it. The added pressure on health systems created by the virus will restrict access to healthcare for all people as hospitals got overburdened.

The virus’ global effect is often felt as all the sporting competitions are getting postponed across the world and major social activities are getting cancelled. The NBA has seen all of its matches getting cancelled propelling huge loss for the franchises. People all over the world are also losing out on getting involved in social activities. As a result of this global pandemic people are maintaining a distance in their social life, prohibiting themselves from getting engaged in public activities, doing all the work from home, stepping outside of the house only in the case of emergency. Covid- 19 has specially changed the life pattern of the people and everyone is forced to stay at home in order to prevent the transmission of this virus in the community.

Once the political dust from this pandemic is settled, fingers will be pointed as to whom the responsibility should be allocated. Unavoidably, the topic of China's lawful responsibility for the corona virus pandemic will be raised — undoubtedly, murmurs are as of now doing the rounds.

Implementation of the court action will require considerable universal cooperation and willpower. But, something must be done to prevent another pandemic. Domestic law is unsuited for this because of doctrine of sovereign immunity, which says that local courts cannot interfere in the acts of international arena.

During the initial days when this epidemic could have been effectively controlled, there is a criticism leveled against China for its negligence in informing the world about this virus. China was being blamed continuously for not giving up the information and hiding the facts and exact numbers of this outbreak. Rather than sharing the information about this global pandemic, China chose to control and withhold data on Covid- 19. Voices were raised by many countries, accusing China for not timely reporting to WHO about this outbreak and as a result it became incredibly hard for the World Health Organization (WHO) and outside governments to satisfactorily get ready for this disastrous contamination.

World Health Organization (WHO) in 2005 has also adopted a regulation known as International Health Regulations which prevents such kind of asymmetry in informing about the outbreak. Article 6 of this regulation says that every nation is bound to inform WHO inside 24 hours of any occasion that represents danger of global general wellbeing crisis. Article 7 of this regulation says that every nation is bound to communicate and share all data related to the crisis with WHO without compressing it. Article 11, in effect, mandates that the WHO exchange these data with other nations, once confirmed, in order to implement protective measures. China not only informed WHO about this pandemic, but also altered the data and suppressed it before the media. In a statement released by China, it was stated that this virus is a type of pneumonia and it cannot get transfered from one human body to another. These acts made it impossible for the nations around the world to plan properly for this lethal virus that would inflict tremendous harm to a nation's health and finances. This is not the first time that China is an epicenter for any global pandemic. From Asian flu to Swine flu, all originated from China. All these flu originated from China and China’s wet market was always on the radar. Apart from these major catastrophes, China’s wet market was always questionable, but China did not take any measures in curbing this in order to prevent its economy at the stake of global health. China had flouted rules every now and then and for this it should be made accountable. Nothing is more important than the health of the people all around the globe.

Transboundary principle has also been laid down in the landmark Trial Smelter case which later got adopted by ICJ as well. The tribunal in the landmark Trial Smelter case ruled that no administration could allow its region to be utilized in a way that causes damage in the region of another, laying the concept of transboundary harm principle. All throughout the years, many viruses have got originated from China’s wet market and China has not taken any steps to curb it. China has failed to curb its wet market and as a result this deadly virus has taken every state in its possession. This activity of China falls within ambit of transboundary harm principle and it can be made accountable for this. International court should compel China to enact legislation banning such kind of practices in the realm of wet markets in order to prevent future pandemics.

Cases can be referred to the ICJ once a consensus has been formed between the disputing parties. Article 75 of the constitution gives the right to WHO to directly refer the case to ICJ for advisory measures. China had been neglecting in informing about this virus, they were continuously hiding the data, and they were not regulating their wet markets, combining all this together is a breach of treaty. ICJ is free to form advisory opinions if it involves question of law. China holds the largest economy in Asia and it also has a influential place in global politics today, as a result it would be very hectic task to make China accountable for this global pandemic and it can be seen from the past that China had always been resistant in this allegations. If they are negligent and because of this gross negligence world is paying a hefty price, it should be made accountable.