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How to Make China Pay

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How to Make China Pay

One of the big questions facing the international community today is how to hold China legally and politically accountable for all its dishonesty and harm to people around the world. According to reports, U.S. intelligence agencies have confirmed to the White House that China has deliberately understated the number of its people who have contracted and died from the coronavirus epidemic. Such deceit follows Beijing’s recklessness in suppressing news of the origins, rapid spread, and lethality of COVID-19 in December and January. Chinese officials punished doctors who tried to warn of the outbreak in Wuhan, slowed identification and research on the virus, and allowed thousands to leave the region for the rest of the world.

If China were an individual, a company, or a law-abiding nation, it would be required to provide compensation for the harm it has inflicted globally. The United States alone may well suffer 200,000 or more deaths, billions in health-care costs, trillions in lost economic activity, and trillions more in new government spending. China’s failures render it legally liable under international law, but the COVID-19 crisis has exposed the crisis of ineffectiveness and corruption of international institutions. Instead of focusing on international law, the U.S. should thus protect its national interests by opting for the self-help mechanism.

International institutions provide no meaningful way to force China to remedy the harm it has caused. The United Nations Security Council, allegedly the supreme lawmaking and executive body in international law, cannot hold China to account because China and Russia exercise their permanent right to veto any Security Council resolution. China has rendered the U.N. impotent, even though U.N. Secretary-General Antonio Guterres has declared the COVID-19 pandemic the world’s most challenging crisis since World War II, as it has become a threat to international peace and security by shutting down swaths of the global economy and killing thousands, if not millions.

The World Health Organization (WHO) has only a weak, non-binding dispute-resolution mechanism, but China’s failure to promptly report the coronavirus outbreak to the organization violated the International Health Regulations, which require states to notify the WHO of potential public-health emergencies “of international concern.”

Rather than rely on corrupt, conflicted international institutions such as the WHO, the United States and its allies should engage in self-help. To protect against the next virus outbreak, the U.S. should create a new monitoring mechanism that can detect global health threats early, spread information about them reliably, and coordinate national efforts to develop a response. The International Atomic Energy Agency’s inspection regime for illicit nuclear weapons could provide a model. The U.S. and other wealthy nations could establish a similar inspection regime and provide financial assistance to developing nations that agree to participate. “Trust but verify” could become the watchword not just for Ronald Reagan’s nuclear-reduction treaties with the Soviets, but for a truly effective global health system.

According to China experts, President Xi Jinping depends on a humming economy and appeals to nationalism for his political legitimacy. The U.S. and its allies could strike at the heart of the Chinese Communist Party’s (CCP) claim to a mandate from heaven by further ratcheting up the pressure on Beijing to adopt a more cooperative, transparent stance on public health by imposing economic sanctions and inflicting serious economic harm on China. The Trump administration could enhance its efforts to exclude China from buying and selling advanced technologies, such as microchips, artificial intelligence, or biotechnology. It took an important step in that direction this week by implementing new measures on chip exports to Huawei. In addition, the U.S. should use targeted sanctions on specific CCP leaders and their supporters by freezing their assets and prohibiting their travel. The administration needs to impose pain on CCP supporters so that they will want to change policy to alleviate their own economic losses.

In addition to halting any further trade cooperation with Beijing, the administration could also seize the assets of Chinese state-owned companies. Under its Belt and Road Initiative, Beijing reportedly has loaned billions to developing nations in Africa, Eastern Europe, and Latin America, and then taken over their strategic ports and facilities once the debts fall due. The U.S. could turn this strategy on its head by supporting the expropriation of these assets by legal process and the cancellation of these debts as compensation for coronavirus losses.

Seizing Chinese property would allow the United States to finally use international law to its advantage. Let China try to go to court and claim that the U.S., its allies, and the developing world have violated international rules. Let Beijing try to show that these nations have no right to compensation for its coverup of the coronavirus outbreak. Let the Chinese Communist Party try to claim, outside its own borders, just as it does within them, that it can deny common sense and blame the very victims of its wrongdoing for the worst public-health catastrophe in a century.

John Yoo is the Emanuel S. Heller Professor of Law at the University of California at Berkeley, a visiting scholar at the American Enterprise Institute, and a visiting fellow at the Hoover Institution at Stanford University. Ivana Stradner is a Jeane Kirkpatrick Fellow at the American Enterprise Institute. 

5 COMMENTS

  1. Yes. Please pursue all of the above against China. The voters will support Washington on this initiative. China already has another virus in the works that they are not telling the world about. Thank you for posting. Flo

  2. I am a conservative bible base Christian. Do any of you ever get over the “blame game”? What specific proof do you have about the origin of a virus? Get over it and lets get back to work. I am more suspicious of our own political parties and the CDC. Many of us have had the CoVid19, are recovered and doing well. Personally I have been much sicker from the flu. COVID19 is not a death sentence. Will some die from it? Sure, but they were close to death anyway, as we all are. I have news for you, America. We are all going to die from something and a virus has killed men since the beginning of time. There is no one to blame and no one to sue. There is no such thing as an “unlawful death” from disease. If you want to go somewhere with a real question, how about this? 1,300,000 butchered babies last year in the USA and 20,500 supposed deaths from CoVid19. Oh that’s right. Those dead babies do not get to vote. This country and this political system makes a good man sick. Maybe time to reevaluate our lives and start to fear God.

  3. Don’t expect me to ever believe that this was just a virus….THIS WAS LABORATORY CREATED GERM WARFARE….in China’s efforts to control the world! I will NEVER buy anything ever again that is Chinese made. America’s Government better get off their asses and insure that Medicine, Vaccines, Medical Equipment etc. is all American made…………Food, never from China, may contain Bats?…..No Chinese food ever again, can’t tell what’s in there even if made in America…………That Government is VICIOUS & SICK & kills its own citizens. I will never believe this was accidental…………THIS WAS AN INTENTIONAL ATTACK ON AMERICA, because China wanted President Trump out. We need Class-Action Suits, by American Citizens, against all Media, Politicians, Corporations that stated that Chinese areas were safe………….Thank God, Trump save most of the American People by preventing their entry into the US.

  4. it saddens me to find out the WHO can be bought, money is truly the root of all evil. So, China can do, say, kill anyone or anything it wants and has immunity??? We must return all American businesses to USA where they belong. We cannot afford any more loss of human life, jobs, carelessness, hacking our security, elections etc. I don’t trust them as far as I can throw them. Anybody who is supposed to be so intelligent and can do so much harm w/o conscience, eats bats and other crap is a country we need to bury monetarily, diplomatically any way we can hurt their economy. They do not value human life. My Mom always said, “only buy American made goods”. I am 79 and think we should not always buy the cheap goods made in China…it turns out being the MOST EXPENSIVE in so many hurtful ways. Thank you.

  5. Allowing china to develop as an industrial world power is akin to giving adolf hitler hundreds of nuclear bombs!The chinese government is pure evil and like the nazi’s they will stop at nothing to obtain world dominance. Will we ever learn from history. To appease this monster we call china means our total destruction. China is working hand in hand with satan to help satan take over the world. They use corrupt politicians in our very country, traitors from the democrat party and back stabbing cowards from the republican party who will subvert the rule of law, destroy our constitution and eventually inprison and murder us all. The chinese have dangled a carrot of greed to manipulate our corporations into making our country completely dependent on china for all of our goods. Until the US becomes self reliant on the goods they produce themselves they will continue to fall into the iron grip of chinese world dominance until it is too late. The coronavirus is just a taste of what we can expect from china. NATO,the WHO, and the UN have all failed the world and are only acting in self preservation. These organizations are for sale to the highest bidder which is china. The US must cut all ties with china and consider them a terrorist country. We must stop supporting NATO, the WHO, and the UN. We must close all of our borders and put up the entire 2000 miles of border wall. WE must deport all who refuse to assimilate including those who have tried for decades to change our country into a communist slave dictatorship. If they don’t like a democratic republic based on the rule of law then they can live where there is no law, just animals trying to murder one another! The only deterrent china will understand is force. If the US is too afraid to use force I’m sure china is not! Let’s tell china we don’t need them anymore and force our corporations to stay in the USA or get out, leaving behind their factories. We need to stop selling wheat and oil to china. If trump really cares about the USA he will do these things and anyone who stands in his or the American people’s way should be branded as a traitors and deported.

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