Xiao Yongping said that starting from the two aspects of state responsibility and international damage responsibility in international law, it can be more clearly understood that claims against China are totally untenable in international law.
As far as the new crown epidemic is concerned, the virus originated from nature cannot be attributed to any specific society or country. Patient zero is not necessarily in China. It is necessary to prove that there is no objective basis for Chinas intentional or negligent international transmission of the epidemic; it is even more obvious that China has no objective facts for the implementation of internationally wrongful acts. Therefore, the existing facts and evidence show that China is not responsible for the global spread of the new crown epidemic.
According to the international health regulations, China has timely, comprehensively and continuously shared the epidemic information with the international community. Other countries have the opportunity to take effective measures to prevent and control the spread of the new crown epidemic, but some countries have not taken effective measures to strengthen the prevention and control, which leads to the global pandemic. China is unable to predict the outbreak and out of control of foreign epidemics, so there is no international law basis for China to be held responsible for international damage.
Since claim against China lacks basis,
Why is this kind of farce going on in America?
Xiao Yongping said that this was caused by a combination of factors such as the failure of the US government to fight the epidemic, Sino US trade frictions, the US general election, the trump administrations pursuit of US priority and its view of China as a strategic competitor. Its direct objectives are also various, such as lawyers engaging in marketing, shifting the focus of domestic conflicts in the United States, stigmatizing China and dispelling the image of China. Of course, they also want to create a Chinese precedent on the issue of state responsibility in cooperation with other countries.
If the situation of American abuse of litigation is allowed to develop and spread, the impact on the international order will be profound and long-term. The abuse of action destroys the generating logic and operating environment of international law. International law is not the interest and will of a country, and cannot be created by a country; it is the common interest and will of the international community, and must be jointly created and abided by by the international community.
Xiao Yongping also pointed out that just as viruses have no national boundaries and need international cooperation to overcome them, in the face of the United States, a political virus packaged by law, international cooperation is also needed. China should not ignore the false accusations of the United States, but refute them severely. We can make comprehensive use of diplomatic and legal means, give consideration to case response and system construction, and promote China and the United States to move towards inclusive competition in the post new crown era.