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Fighting COVID-19 Through Solidarity and Cooperation，Building a Global Community of Health for All

Statement by H.E. Xi Jinping, President of the People’s Republic of China

At Virtual Event of Opening of the 73rd World Health Assembly

Beijing, 18 May 2020

President of the World Health Assembly,

Director General of the World Health Organization,

Dear Delegates,

To begin with, I wish to say that it is of significant importance for this World Health Assembly to be held at such a critical moment as the human race battles this novel coronavirus.

What we are facing is the most serious global public health emergency since the end of World War II. Catching the world by surprise, COVID-19 has hit over 210 countries and regions, affected more than seven billion people around the world and claimed over 300,000 precious lives. I mourn for every life lost and express condolences to the bereaved families.

The history of human civilization is one of fighting diseases and tiding over disasters. The virus does not respect borders. Nor is race or nationality relevant in the face of the disease. Confronted by the ravages of COVID-19, the international community has not flinched. The people of all countries have tackled the virus head on. Around the world, people have looked out for each other and pulled together as one. With love and compassion, we have forged extraordinary synergy in the fight against COVID-19.

In China, after making painstaking efforts and enormous sacrifice, we have turned the tide on the virus and protected the life and health of our people. All along, we have acted with openness, transparency and responsibility. We have provided information to WHO and relevant countries in a most timely fashion. We have released the genome sequence at the earliest possible time. We have shared control and treatment experience with the world without reservation. We have done everything in our power to support and assist countries in need.

Mr. President,

Even as we meet, the virus is still raging, and more must be done to bring it under control. To this end, I want to make the following proposals:

First, we must do everything we can for COVID-19 control and treatment. This is a most urgent task. We must always put the people first, for nothing in the world is more precious than people’s lives. We need to deploy medical expertise and critical supplies to places where they are needed the most. We need to take strong steps in such key areas as prevention, quarantine, detection, treatment and tracing. We need to move as fast as we can to curb the global spread of the virus and do our best to stem cross-border transmission. We need to step up information sharing, exchange experience and best practice, and pursue international cooperation on testing methods, clinical treatment, and vaccine and medicine research and development. We also need to continue supporting global research by scientists on the source and transmission routes of the virus.

Second, the World Health Organization should lead the global response. Under the leadership of Dr. Tedros, WHO has made a major contribution in leading and advancing the global response to COVID-19. Its good work is applauded by the international community. At this crucial juncture, to support WHO is to support international cooperation and the battle for saving lives as well. China calls on the international community to increase political and financial support for WHO so as to mobilize resources worldwide to defeat the virus.

Third, we must provide greater support for Africa. Developing countries, African countries in particular, have weaker public health systems. Helping them build capacity must be our top priority in COVID-19 response. The world needs to provide more material, technological and personnel support for African countries. China has sent a tremendous amount of medical supplies and assistance to over 50 African countries and the African Union. Five Chinese medical expert teams have also been sent to the African continent. In total, in the past seven decades, over 200 million people in Africa have received care and treatment from Chinese medical teams. At present, 46 resident Chinese medical teams are in Africa helping with COVID-19 containment efforts locally.

Fourth, we must strengthen global governance in the area of public health. We human beings will eventually prevail over the coronavirus. Yet this may not be the last time a major health emergency comes knocking at our door. In view of the weaknesses and deficiencies exposed by COVID-19, we need to improve the governance system for public health security. We need to respond more quickly to public health emergencies and establish global and regional reserve centers of anti-epidemic supplies. China supports the idea of a comprehensive review of the global response to COVID-19 after it is brought under control to sum up experience and address deficiencies. This work should be based on science and professionalism, led by WHO and conducted in an objective and impartial manner.

Fifth, we must restore economic and social development. While working on an ongoing basis to contain the virus, countries where conditions permit may reopen businesses and schools in an orderly fashion in observance of WHO’s professional recommendations. In the meantime, international macroeconomic policy coordination should be stepped up and the global industrial and supply chains be kept stable and unclogged if we are to restore growth to the world economy.

Sixth, we must strengthen international cooperation. Mankind is a community with a shared future. Solidarity and cooperation is our most powerful weapon for defeating the virus. This is the key lesson the world has learned from fighting HIV/AIDS, Ebola, avian influenza, influenza A (H1N1) and other major epidemics. And solidarity and cooperation is a sure way through which we, the people of the world, can defeat this novel coronavirus.

Mr. President,

China stands for the vision of building a community with a shared future for mankind. China takes it as its responsibility to ensure not just the life and health of its own citizens, but also global public health. For the sake of boosting international cooperation against COVID-19, I would like to announce the following:

— China will provide US$2 billion over two years to help with COVID-19 response and with economic and social development in affected countries, especially developing countries.

— China will work with the UN to set up a global humanitarian response depot and hub in China, ensure the operation of anti-epidemic supply chains and foster “green corridors” for fast-track transportation and customs clearance.    

— China will establish a cooperation mechanism for its hospitals to pair up with 30 African hospitals and accelerate the building of the Africa CDC headquarters to help the continent ramp up its disease preparedness and control capacity.

— COVID-19 vaccine development and deployment in China, when available, will be made a global public good. This will be China’s contribution to ensuring vaccine accessibility and affordability in developing countries.

— China will work with other G20 members to implement the Debt Service Suspension Initiative for the poorest countries. China is also ready to work with the international community to bolster support for the hardest-hit countries under the greatest strain of debt service, so that they could tide over the current difficulties.

To conclude, I call on all of us to come together and work as one. Let’s make concerted efforts to protect the life and health of people in all countries. Let’s work together to safeguard planet Earth, our common home. Let’s work together to build a global community of health for all!

I thank you.

Building a Global Community of Health for All

Statement by H.E. Xi Jinping

President of the People’s Republic of China

At Virtual Event of Opening of the 73rd World Health Assembly

Beijing, 18 May 2020

President of the World Health Assembly,

Director General of the World Health Organization,

Dear Delegates,

To begin with, I wish to say that it is of significant importance for this World Health Assembly to be held at such a critical moment as the human race battles this novel coronavirus.

What we are facing is the most serious global public health emergency since the end of World War II. Catching the world by surprise, COVID-19 has hit over 210 countries and regions, affected more than seven billion people around the world and claimed over 300,000 precious lives. I mourn for every life lost and express condolences to the bereaved families.

The history of human civilization is one of fighting diseases and tiding over disasters. The virus does not respect borders. Nor is race or nationality relevant in the face of the disease. Confronted by the ravages of COVID-19, the international community has not flinched. The people of all countries have tackled the virus head on. Around the world, people have looked out for each other and pulled together as one. With love and compassion, we have forged extraordinary synergy in the fight against COVID-19.

In China, after making painstaking efforts and enormous sacrifice, we have turned the tide on the virus and protected the life and health of our people. All along, we have acted with openness, transparency and responsibility. We have provided information to WHO and relevant countries in a most timely fashion. We have released the genome sequence at the earliest possible time. We have shared control and treatment experience with the world without reservation. We have done everything in our power to support and assist countries in need.

Mr. President,

Even as we meet, the virus is still raging, and more must be done to bring it under control. To this end, I want to make the following proposals:

First, we must do everything we can for COVID-19 control and treatment. This is a most urgent task. We must always put the people first, for nothing in the world is more precious than people’s lives. We need to deploy medical expertise and critical supplies to places where they are needed the most. We need to take strong steps in such key areas as prevention, quarantine, detection, treatment and tracing. We need to move as fast as we can to curb the global spread of the virus and do our best to stem cross-border transmission. We need to step up information sharing, exchange experience and best practice, and pursue international cooperation on testing methods, clinical treatment, and vaccine and medicine research and development. We also need to continue supporting global research by scientists on the source and transmission routes of the virus.

Second, the World Health Organization should lead the global response. Under the leadership of Dr. Tedros, WHO has made a major contribution in leading and advancing the global response to COVID-19. Its good work is applauded by the international community. At this crucial juncture, to support WHO is to support international cooperation and the battle for saving lives as well. China calls on the international community to increase political and financial support for WHO so as to mobilize resources worldwide to defeat the virus.

Third, we must provide greater support for Africa. Developing countries, African countries in particular, have weaker public health systems. Helping them build capacity must be our top priority in COVID-19 response. The world needs to provide more material, technological and personnel support for African countries. China has sent a tremendous amount of medical supplies and assistance to over 50 African countries and the African Union. Five Chinese medical expert teams have also been sent to the African continent. In total, in the past seven decades, over 200 million people in Africa have received care and treatment from Chinese medical teams. At present, 46 resident Chinese medical teams are in Africa helping with COVID-19 containment efforts locally.

Fourth, we must strengthen global governance in the area of public health. We human beings will eventually prevail over the coronavirus. Yet this may not be the last time a major health emergency comes knocking at our door. In view of the weaknesses and deficiencies exposed by COVID-19, we need to improve the governance system for public health security. We need to respond more quickly to public health emergencies and establish global and regional reserve centers of anti-epidemic supplies. China supports the idea of a comprehensive review of the global response to COVID-19 after it is brought under control to sum up experience and address deficiencies. This work should be based on science and professionalism, led by WHO and conducted in an objective and impartial manner.

Fifth, we must restore economic and social development. While working on an ongoing basis to contain the virus, countries where conditions permit may reopen businesses and schools in an orderly fashion in observance of WHO’s professional recommendations. In the meantime, international macroeconomic policy coordination should be stepped up and the global industrial and supply chains be kept stable and unclogged if we are to restore growth to the world economy.

Sixth, we must strengthen international cooperation. Mankind is a community with a shared future. Solidarity and cooperation is our most powerful weapon for defeating the virus. This is the key lesson the world has learned from fighting HIV/AIDS, Ebola, avian influenza, influenza A (H1N1) and other major epidemics. And solidarity and cooperation is a sure way through which we, the people of the world, can defeat this novel coronavirus.

Mr. President,

China stands for the vision of building a community with a shared future for mankind. China takes it as its responsibility to ensure not just the life and health of its own citizens, but also global public health. For the sake of boosting international cooperation against COVID-19, I would like to announce the following:

— China will provide US$2 billion over two years to help with COVID-19 response and with economic and social development in affected countries, especially developing countries.

— China will work with the UN to set up a global humanitarian response depot and hub in China, ensure the operation of anti-epidemic supply chains and foster “green corridors” for fast-track transportation and customs clearance.    

— China will establish a cooperation mechanism for its hospitals to pair up with 30 African hospitals and accelerate the building of the Africa CDC headquarters to help the continent ramp up its disease preparedness and control capacity.

— COVID-19 vaccine development and deployment in China, when available, will be made a global public good. This will be China’s contribution to ensuring vaccine accessibility and affordability in developing countries.

— China will work with other G20 members to implement the Debt Service Suspension Initiative for the poorest countries. China is also ready to work with the international community to bolster support for the hardest-hit countries under the greatest strain of debt service, so that they could tide over the current difficulties.

To conclude, I call on all of us to come together and work as one. Let’s make concerted efforts to protect the life and health of people in all countries. Let’s work together to safeguard planet Earth, our common home. Let’s work together to build a global community of health for all!

I thank you.

来源时间：2020/5/18   发布时间：2020/5/18

旧文章ID：21699

作者：  来源：法治与发展研究院 公众号

The COVID-19 pandemic is virtually certain to produce a wave of litigation against the People’s Republic of China, the Communist Party of China, and any number of political subdivisions and officials unlike anything China has previously experienced.  Seven class actions have been filed in the United States so far, and there will be more, all seeking enormous damages.  One state government has also filed suit, and many more are likely to follow.  Similar litigation is also probable in at least some other countries.  While the situation is largely unprecedented, experience teaches that the entities targeted in those cases should prepare to actively respond.

Under current law, the risks posed by U.S. litigation against China’s government agencies and officials are, however, limited and manageable.  Foreign governments and their subdivisions, agencies, or instrumentalities are protected from claims in the U.S. by the Foreign Sovereign Immunities Act (“FSIA”), while individual officers acting in their official capacities are shielded from litigation by the common law principles of sovereign immunity. 

The special service procedures required by the FSIA presents an initial hurdle for U.S. claimants that will keep these actions from even beginning for months.  It is likely that plaintiffs will ultimately need to invoke the assistance of the Department of State to effect service through diplomatic processes after exhausting other statutory processes.  It is not unusual for service issues in such cases to take well over a year to resolve. 

More importantly, the complaints do not appear to state claims that are within the exceptions to immunity, as they are currently construed by the U.S. courts.  The complaints so far have typically alleged that China’s government censored doctors from speaking about COVID-19 in the early stages and otherwise misled and failed to warn the world community about the disease.  They also to varying degrees claim that a government lab may have been involved in the initial outbreak.  The plaintiffs’ claims have generally been framed in terms of tortious negligence, recklessness, or strict liability.  One complaint claims a violation of the Anti-Terrorism Act and invokes a terrorism exception to sovereign immunity, but does not plausibly explain how any of the defendants committed an act of terrorism.  Though the FSIA permits non-commercial tort claims, the most commonly applied exception for such claims limits them, under the “entire tort” rule, to conduct that occurs entirely within the U.S.  Claims based in part on the defendants’ alleged conduct in China do not fall within the exception.  The FSIA also bars tort claims against conduct that involves a “discretionary function or duty,” a concept that has been broadly construed to include all conduct that involves an element of judgment or policy and does not involve violation of a law or regulation.

There is certainly, however, enough complexity in FSIA case law to create significant risk that a creative judge will find a way around conventional constructions of the FSIA to enable these claims to be pursued.  As mentioned, one of the complaints invokes a terrorism exception to the FSIA, and the plaintiffs will likely seek other creative ways around limitations on sovereign immunity.  The risk of an outlier construction of the FSIA will multiply with the proliferation of lawsuits.  China can, however, limit this risk by seeking to consolidate these actions through the multi-district process into the court of a single federal judge, which will apply the law of a single federal appellate court.

The greater risk for Chinese defendants to these claims may lie in the reaction of Congress.  Some members of Congress have already stated their support for legislation to redefine the protection of sovereign immunity to assure that these lawsuits can go forward.

This law was passed despite the longstanding alliance between the U.S. and Saudi Arabia, the opposition of the Obama Administration, and the absence of any evidence supporting the claims against Saudi Arabia.  The Obama Administration opposed the law on grounds that it would encourage other countries to make exceptions to sovereign immunity, which could cause endless problems for the U.S. because of its extensive international presence.  But in the months leading up to the 2016 elections, no one in Congress wanted to cast a vote for Saudi Arabia and against the 9-11 victims.  JASTA was, accordingly, passed by voice vote in the Senate and unanimously by the House of Representatives.  The bill was promptly vetoed by President Obama, but that veto was overridden by a large margin in the House and a 97-1 vote in the Senate.  It was the only veto overridden during President Obama’s eight years in office.

The last time the United States suffered mass injury alleged to be linked to a foreign government, the Congress in fact did just that.  After the attack of September 11, 2001, prominent plaintiffs’ lawyers brought multiple actions in several jurisdictions on behalf of victims of the 9-11 attacks.  These actions alleged that the government of Saudi Arabia, entities owned by the government, and members of the Royal family who had held high government office, along with a large number of private Saudi companies, banks and individuals, should all be found liable for indirectly supporting al Qaeda primarily through their support for a number of Islamic charities.

Saudi government and government-owned entities were twice dismissed by the trial court on grounds that the claims against them were barred by sovereign immunity, but they were still litigating the issue in the Court of Appeals for the third time 14 years after the suit began, when Congress stepped in.  Speculation concerning the possible role of Saudi Arabia in supporting the 9-11 terrorists had remained popular in the media throughout that time.  As a result, plaintiffs and their attorneys were able to persuade Congress to pass legislation in 2016, the Justice Against Sponsors of Terrorism Act (“JASTA”), which amended the FSIA to permit actions against foreign governments for damages caused by acts of international terrorism. This cut short the appeal from the Saudi government’s latest dismissal and allowed the firms representing the 9-11 victims to continue their lawsuits against it, which are still ongoing today.

China’s responsibility for the spread of COVID-19 has likewise become a matter of intense political and media interest in the U.S.  China’s theory that the infection first arose from consumption of animals at the Huanan Seafood Market was broadly accepted in the U.S. during the early weeks of the pandemic.  But a growing body of commentary citing U.S. government sources has promoted the view that the virus escaped from either the Wuhan Institute of Virology or the Wuhan Center for Disease Control, both of which are labs reportedly engaged in research of coronaviruses found in bats.  Published research from the Wuhan Institute of Virology has also given rise to the theory that the pandemic virus was actually engineered to enable it to infect human cells in experiments conducted in that lab.  Those allegations are strenuously contested by Chinese authorities and various supporting experts.  But while few doubt that the emergence of the virus was accidental, China is increasingly blamed for inadequate care in the management of these laboratories.

Even greater attention has been focused on the intentional actions taken by China’s governmental authorities to control information about COVID-19 provided to other countries and the World Health Organization.  U.S. media claim that China, through a number of government agencies, suppressed and misrepresented facts relating to COVID-19.  Many have argued that this substantially delayed actions that could have been taken in countries throughout the world to prevent or contain the spread of the virus.  In response to these reports, two bills have been introduced in Congress, patterned on the model of JASTA, that would permit imposition of sanctions on Chinese government officials who concealed or distorted information relating to the COVID-19 crisis.

The response of the U.S. government to the pandemic may become the central concern of the 2020 elections.  Though the political parties will have opposing views on President Trump’s performance, neither party will likely be inclined to dispute the culpability of China’s government.  Just as Congress enacted JASTA with overwhelming support on the eve of a presidential election, in this political atmosphere, it will be difficult for Congress to vote against legislation, already proposed by some Republican senators, that assures a private right of action for victims of COVID-19 by stripping China of its sovereign immunity defense. 

It can, of course, be persuasively argued that this is a very bad idea, since private lawsuits are not well-suited for dealing with a problem that is so broadly damaging and close to interests of state. Stripping sovereign immunity from tort claims in this context is also, of course, a far greater departure from international norms than the more limited exception for terrorism claims adopted in JASTA. Though President Trump’s Administration may be less concerned with these principles of international law, it certainly would not want to cede control of the U.S. response to China to courts and litigants.  The proposed legislation gaining the most attention, introduced by Senator Cotton of Arkansas, permits the Attorney General to intervene to stay any action and allows the State Department to negotiate a resolution of the action with the foreign government that can end the case, regardless of whether the plaintiffs agree.  While this novel structure, borrowed from JASTA, might answer Executive Branch concerns, its invocation might also present due process and separation of powers issues requiring years of litigation.

Plaintiffs’ counsel will not, however, wait for Congress to act.  Complaints will continue to be filed, claiming exceptions to the existing FSIA, that China will need to defend.  Although it may be necessary for China to communicate via diplomatic and political channels on these litigations, ignoring the courts and letting these actions proceed without China’s participation may result in default judgments.  The preparation of a strong defense to these claims, well grounded in law and factual evidence, should be a strategic option for China.

来源时间：2020/5/16   发布时间：2020/5/16

旧文章ID：21689