Lawfare Archive: Taking China to Court Over the Coronavirus

The Lawfare Podcast

The Lawfare Institute

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4.7 • 6.4K Ratings

🗓️ 28 July 2024

⏱️ 58 minutes

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Summary

From July 1, 2020: As the United States continues to suffer from the effects of the coronavirus, the controversy surrounding China's alleged role in the pandemic has continued to grow. In recent weeks, it has even entered the U.S. courts, as private plaintiffs have brought claims against the Chinese government and related institutions for allegedly contributing to the spread of the virus. Meanwhile, members of Congress have introduced legislation aimed at making such litigation even easier to pursue, specifically by stripping away the sovereign immunity protections that normally protect foreign states from such claims. But can these efforts really provide Americans with needed relief, or are they just a dangerous distraction from the real issues with the United States's own coronavirus response? To discuss these issues, Scott R. Anderson spoke with Chimène Keitner, the Alfred and Hanna Fromm Professor of International Law at the University of California Hastings School of Law, and Robert Williams, executive director of the Paul Tsai China Center at the Yale Law School.

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0:00.0	The following podcast contains advertising.
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0:16.4	slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath.
0:30.0	The Homes of the future need EV chargers, solar panels and energy efficient heat pumps.
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0:47.0	Right now.
0:52.0	BDF. Change. PDS, change is in our power. You're not going to be. I'm Julian Berman, in turn at Law Fair with an episode from the Law Fair 28th, 2024. During the early onset of the COVID-19 pandemic,
1:25.1	the state of Missouri filed a lawsuit against the Chinese government,
1:28.5	alleging that various Chinese government entities
1:30.8	orchestrated a quote-unquote cover-up of the virus and asserted that these entities government entities
1:35.0	hoarded a quote unquote cover-up of the virus and asserted that these entities hoarded personal protective equipment or PPE, thereby allowing it to spread.
1:40.0	Initially, the district court dismissed the complaint in full, finding that federal rules prohibit a sovereign foreign entity from being sued in American courts.
1:48.0	But in January, the 8th Circuit allowed Missouri's PPE hoarding allegation against China to proceed.
1:55.2	For today's archive episode, I chose a conversation from the Lawfare Podcast that aired on July 1st,
2:01.1	2020.
2:02.4	In the episode, Scott Anderson spoke with Schmenn Kitener and Robert
2:06.0	Williams about the lawsuits against China. They also discussed proposed legislation aimed at making
2:11.1	such litigation easier by removing sovereign immunity protections.
2:17.0	I'm Scott R Anderson and this is the Lawfare Podcast July 1st, 2020.
2:29.0	As the United States continues to suffer from the effects of the coronavirus, the controversy surrounding China's alleged role in the pandemic has continued to grow.
	...

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