Can China be Sued?

As coronavirus pandemic continues its “worst weeks”, many states including California, Texas, and Florida have attempted to sue China for the damage caused by coronavirus.  Unfortunately, this is not likely to bring the kind of justice the U.S. states hope for.

Doctrine of Sovereign immunity is a concept that does not open the regime to legal liability, even if the evidence is clear that the regime committed the misconduct as is in this case. A form of international political gesture, it is a peace treaty promising to protect national governments from lawsuits by people of another nationality. For the most part, most of the world accepts this rule, almost absolutely, thereby making even companies owned by the company immune to private lawsuits.

Unfortunately, current political and legal atmosphere make suing China for trillions for Coronavirus impossible.

However, since the 1970’s, the State Department has adjudicated sovereign immunity claims individually, and given the severity of the effect of the Coronavirus on the global economy and safety, there could be strong bipartisan desire to bring China to justice.

Until it is done, however, the world awaits.

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