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Good WSJ report by @KatyStech that covers China's initial response to MO lawsuit over coronavirus. Still think there isn't enough discussion of how China could respond: https://www.wsj.com/articles/lawsuits-target-china-for-coronavirus-damage-11587585212
China may take the suit seriously not bc of Missouri itself, but bc officials see the state as representative of Trump's political base, & a bellwether for where nat'l policy may head. I could be wrong, but analysis of suit's legal merits seems to miss this political effect. /2
I see at least 3 options for China:
1) ignore;
2) respond specifically to MO (cut off education exchange, investment, sister city, etc);
3) reciprocate by bringing lawsuit(s) vs. comparable US entities in China (already suggested in Chinese language material online). /3
1) ignore;
2) respond specifically to MO (cut off education exchange, investment, sister city, etc);
3) reciprocate by bringing lawsuit(s) vs. comparable US entities in China (already suggested in Chinese language material online). /3
Option #3 may or may not involve MO; may or may not actually be reciprocal/comparable, but would be some kind of tit-for-tat response. Like expulsions of media earlier this year as "response" to US action. /4
Per @willscharf's point below: Yes, they have to figure out a legal strategy to respond in court. But it's an open question whether they will *limit* their response to the legal strategy, or respond with other political tools. /5
Remember that in China law is a tool of politics, especially in realms that involve the party's survival (rule by law vs. rule of law). Pretty clear that COVID now falls under that rubric, as I mentioned in an earlier thread: https://twitter.com/SheenaGreitens/status/1251867669264908290?s=20 /6
One direct implication of this is whether "comparable entities" (incl. academic/research institutions, since those were named in MO's suit) should now think differently about risk management to account for possibility of #2-3 above. To be safe, I hope they consider it. /7
Also remember China tracks US states/governors, probably more closely than vice versa. See for ex this 2019 report cataloguing positions of US governors (MO has 1 of the 6 rated "hardline"): https://www.documentcloud.org/documents/6779094-PRC-Think-Tank-Study-on-US-Governors-Attitudes.html /8
Again, I'm not assessing legal merits. Regardless of your opinion of those -- now people in gov't & academia need to think strategically about how this could play out beyond the courtroom, so they can protect themselves & US interests. /9
Was reminded that this suit in China already happened. Note that it's focused on US gov't actors (CDC, etc): https://www.rfa.org/english/news/china/wuhan-lawsuit-03262020122653.html /10
Mississippi following Missouri's lead (details not yet available). Again, I believe China's calculations on how to respond will be based in part on how much they see this as part of a larger trend in US-China relations: https://myemail.constantcontact.com/Attorney-General-Fitch-Prepares-to-Sue-China-on-Behalf-of-Mississippians.html?soid=1133764077238&aid=nc8uasIN3f0 /11
