Litigation on china on the view of “Covid-19”
As we can determine the excessive effect of Covid -19 pandemic on the daily lives of human on all over the world. As of that, there are so many questions about it’s uncontrolled situation. Through this, China has been the center of this disputation and has faced much hostility from the international community. Rather than placing the censure on one country ; it is important to how to tackle with this pandemic more effectively and contrive a vaccine to distribute it to the world to resolve this pandemic situation..
Litigation on China only would not serve any purpose, as only one country is not responsible for this rampant spread for the virus to other states. In case the matter is brought to the ICJ, the conduct of each and every country would also be investigate. Individual nations bringing an action against the other which would be help in achieving an agreement on future global collective action.
The situation would only be solve through if the nation of the world come together and work hand in hand because individual action would be clearly inimical. Advocacy of an international commission of inquiry that divulge important aspects related to the pandemic that would bring needed clarity and possible concord between the states which would be achieved bases on the findings.
An approach would function much better unorthodox than initiating legal action at an international forum such as the ICJ. The main aim of the inquiry is only to be focused on censure or responsibility, rather it must be used for achieving a shared understanding of the crisis, preventing from spreading of false information, centralize on structural changes that would be ensure of repeating such a scenario would not be avoided at all costs in future. If states fear legal complications the end goals of inquiry will be erode even before it ever begins. With the cooperation of different states would be extremely reduced in such a case, leading to drawback and diminished transparency. States may actively question the reliability and scope of such an investigation if they fear legal claims and political retributive justice.
Judicial action against china is not an immediate response as it would be affecting all the humanity all over the world. The principle of the cooperation has been considered as one of the keystone of international law. According to the principal, all States have problem to cooperate in such situation collectively.
The response regarding to the International health Organization (such as WHO and HR) would also been raised, the inquiry serve as a means to back or demolish such claims by providing factual evidence however it is more important to identify insufficiency and problems that may intercept a more efficient response in future.
The commission would subsist of experts from all over the world, the best working together in order to make commendations to ensure that if the world is ever faced with such a problem, a mechanism to counter the same is already in place. It need to be ensured that the inquiry is not used as to extract retaliation or to obtain penalty.
Granting the fact that nearly 7 months have passed since the first case of Covid-19 was recognized. The world is still confused about where and how the virus is originated from. Without knowing the original fact and from where is originated how can anyone solve the disruptive problem . As obstructive can be only determined when the cause is determined.
As we know that an inquiry commission must be impartial and free from detriment, all principal organs of the United Nations have been endow with the power to set up such a fact finding exercise. The virtue of the exercise would be determined by the extent to which States would be cooperate, since the findings of an inquiry commission are non-mandatory as there are higher chances that States would be more willing to offer their support and give the commission with various sources of evidence they may take into determinant.
If case was to be inaugurated and the ICJ was to commence on such an investigation, there would be active seclusion of essential facts and States would be politically inclined to point fingers and assign uncontrolled while rejected to permit their own actions to be put through an inspection. When faced with consequences , it is human nature to act in self – interest that kind of response would be undesirable and only end up with the creating even more obstacle.
Many scientists and researchers would be sent to China to conduct their own investigation of the situation by WHO and various nations, but these efforts would completely seem to have obstruct and are completely depends on China’s cooperation.
Even though to control this pandemic situation government take some measures to protect the lives of people. As concern, lockdown of each and every States or country has been go through and also provide shelter , food to the people who migrant front the place of work to their home . So that they can be protected from the virus but after all of this situation can’t be solve as there is not any vaccine of it to protect the lives of people.
An international inquiry commission acting with the support of all nations including china would be much better chance of success as opposed to any other means. Each States would also be sanction to assign representatives that function as association between the States and the commission, thereby encourage transparency and continued liaisons. It is very important to remember that the china is facing the pressure of the situation as heavily as any other nation.
Pointing fingers and claiming without the availability essential facts would not be just or fair. Once the report of the Commission is made available to the authority which promotes such an investigation, or legal action may be taken if any party is found to be in infringement of basic international forums.
Author: Prashanshu sharma,
Lloyd college and 1 year /law student
