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COVID-19, Sovereign Immunity & China

We've discussed in passing at the CQ Newsflash various aspects of post-pandemic litigation, including public and private claims against China. One hinderance to such claims would be immunities enjoyed by sovereign nations to suit outside of multi-national institutions and accords.

The protection is not inviolable, as the Saudi government learned on passage of the Justice Against Sponsors of Terrorism Act in 2016. Arkansas Senator Tom Cotton and Texas Congressman Dan Crenshaw recently filed the ‘‘Holding the Chinese Communist Party Accountable for Infecting Americans Act of 2020’’ (attached below) modeled after the 2016 legislation.

The Washington Post reports that the Trump administration is getting behind the idea.

Posted: April 30, 2020