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Is China Liable For The Injury Or Harm Caused By Coronavirus?

first_imgColumnsIs China Liable For The Injury Or Harm Caused By Coronavirus? Senior Advocate Mohan Katarki11 April 2020 4:24 AMShare This – xA liability in law arises, if an injury or harm is caused by wrongful acts.The pandemic spurred by coronavirus from China has been rightly agitating the minds of angry people around the world. However, if China is to be fixed or held liable for the injury or harm caused by coronavirus, then it’s necessary to prove that China released the coronavirus and the said coronavirus is the proximate cause for the deaths elsewhere outside China. Besides, it’s necessary to…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe pandemic spurred by coronavirus from China has been rightly agitating the minds of angry people around the world. However, if China is to be fixed or held liable for the injury or harm caused by coronavirus, then it’s necessary to prove that China released the coronavirus and the said coronavirus is the proximate cause for the deaths elsewhere outside China. Besides, it’s necessary to show that China was under a definite legal obligation to stop the coronavirus from traveling outside its territory into the US or elsewhere. To begin with, there is no dispute that coronavirus emerged in the Wuhan seafood market which is a part of China (assuming it was not man-made). At least, there is no dispute that, Chinese in Wuhan were the first to suffer infection from coronavirus. Then, moving to the second part of the first question, the answer is a bit tricky. China may say, coronavirus didn’t reach shores of any foreign State through Chinese products. China may also stress that coronavirus didn’t reach through visiting Chinese citizens. How coronavirus transmitted into the US or elsewhere is an issue that doesn’t have easy answers at a trial. This area needs a fuller investigation by the complaining State. The proof of nexus between deaths elsewhere outside China and coronavirus is a medical question. It is not necessary to show that each death was caused by coronavirus as a proximate cause. But, it’s necessary to show by an impeccable expert opinion that coronavirus was a deadly biological material which most probably caused the deaths of thousands as recorded in records maintained by the hospitals. China may argue that deaths were caused by contributory factors. China may try to highlight delayed response and failure in taking necessary care by the complaining State for two months from 31.12.2019 onwards when it informed through the World Health Organisation. There can be equally an opposing argument that China delayed reporting and even after it has reported, it has not been transparent in fully sharing the data as mandated by WHO guidelines or otherwise. Coming to the last, which is more important, it’s a trite proposition of law that no injury is actionable unless it’s a violation of some right. Damnum Sine Injuria is a maxim, which refers to an injury that is being suffered by the complaint but there is no violation of any legal right of a person. In such circumstances, where there is no violation of the legal right, the wrongdoer cannot be sued. The legal right may be a positive right vested in the complaint or breach of duty cast on the injurer. On this question, China may say it was under no obligation in any international law to stop coronavirus from travelling outside China. However, this ignores the legal position that a State is under obligation – not to cause harm or injuries across the border (Transboundary harm) by its acts or omissions. The International Law Commission has codified the rules in this regard. In private law, negligence is an actionable wrong. A duty to take reasonable care is cast on everyone. Can this law of torts be applied between two sovereign States? The answer seems to be prima facie in affirmative. If China is liable, then it is indeed obliged to compensate the injured State or its inhabitants. However, who will adjudicate that China is liable? International law is still far away from the concept of the rule of law. There is no compulsory jurisdiction vested in the International Court of Justice or any judicial forum. ICJ’s jurisdiction is by agreement or prior acceptance under some treaty etc. There is no such acceptance by China. Therefore, there is no prospect of suing China as tortfeasor unless China comes under the pressure of the international community and agrees to submit to the jurisdiction of ICJ or some judicial forum. Some suits are filed in US courts claiming damages against China. However, the domestic court cannot compel a foreign State to answer its process. China enjoys a sovereign immunity prima facie. No doubt, some interesting arguments have been raised that no such sovereign immunity can be claimed by China when the complainant is founded on human rights violations. If the US court were to entertain such suit and decree, how will it be enforced against China is the next question? The US may approach the Security Council of the United Nations for imposing sanctions against China but, it’s unlikely to succeed as China will exercise its veto power. In fact, China has already opposed any discussion on coronavirus. In such case, what US may do ? US may retaliate by trade sanctions. The US may demonetise it’s dollars. It may even expropriate properties and debt bonds of Chinese in the US. China owns about $ 3 trillion. This may be the weak part of the case of China. Advocate Mohan Katarki is a Senior Advocate at the Supreme Court of India.[The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of LiveLaw and LiveLaw does not assume any responsibility or liability for the same] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Dail suspended following row over speaking time

first_img Important message for people attending LUH’s INR clinic Journey home will be easier – Paul Hegarty RELATED ARTICLESMORE FROM AUTHOR News, Sport and Obituaries on Monday May 24th WhatsApp Google+ Harps come back to win in Waterford Facebook DL Debate – 24/05/21 Pinterest By News Highland – February 7, 2018 Google+center_img Pinterest Dail suspended following row over speaking time Previous articleHarps Welcome Premier Division License AnnouncementNext articleLaura Feely named among replacements for Italy game News Highland Twitter Twitter Arranmore progress and potential flagged as population grows Homepage BannerNews The Dáil was suspended briefly this afternoon after a row over speaking time.Fianna Fáil’s Marc McSharry, who represents Sligo, Leitrim and South Donegal took issue with Independent Michael Healy-Rae in the chamber.The Dáil is trialing a new system where TDs need numbered cards in order to be allowed to speak on an issue.As the row intensified, Leas-Cheann Comhairle Pat The Cope Gallagher suspended the Dáil…………Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2018/02/15dail.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook WhatsApplast_img read more

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GAA NEWS – MALIN LADIES GET BACK IN TRAINING

first_imgMENS FOOTBALLOur second game in the Quinns Corner Ulster League which was due to take place in Craigbane on Sunday, fell victim to the weather as the home sides pitch was deemed unplayable due to recent wet spell. Next weekend Roger Casements, Portglenone travel to Connolly Park. The County Antrim side have played one game to date in the competition, going down to group leaders Urney by 7 points. Details of the throw in time will be available on our social media sites and in the local parish bulletins in the coming days. LADIES FOOTBALLLadies Senior Training will begin on Tuesday 4th of February from 8:30pm to 9:30pm. The second evening has to be confirmed. The season will begin with 6 weeks of indoor circuits in the Club Gym. This year the ladies will enter Division 4 in the League & the Junior B Championship. All new players are welcome to attend & any questions please contact Christina on 0861980399.NATIONAL FOOTBALL LEAGUE Congratulations to Declan and Stephen who were part of the Donegal squad which made it two wins from two, after defeating Galway in Pearse Park in Division 2 of National League. Declan came off the bench late in the game and fired over an excellent point to help Donegal to a 1.16 to 0.12 win. Donegal return to action on March 2nd, when they entertain Monaghan in O Donnell Park in a repeat of last years Ulster final.COLAISTI INIS EOGHAINLast week there was delight throughout Inishowen when the young men of the Colaisti Inis Eoghain squad defeated St. Patrick’s (Red High) of Downpatrick in the Danske Bank MacLarnon Cup Quarter Final. The match took place in the Tyrone Centre of Excellence in Garvaghy. Trailing the Down men by 2 points at the interval, Colaisti Inis Eoghain quickly turned things around with two goals in the second half leading to the final score Colaisti Inis Eoghain 3:09 St. Patrick’s 3:06. Malin were well represented, with Tommy Byrne, Jonathon Mc Laughlin, Christopher Mc Laughlin (F), & Danny Mc Carron all being part of the panel. Up next for the young squad will be the semi finals where either Patrician High Carrickmacross, St Malachy’s of Belfast, or St Eunans College, Letterkenny will provide the opposition in the semi final. Once again we would like to extend a huge congratulations to the squad & management from all in Malin GAA.LOTTOThere was no winner of this weeks lotto jackpot of €1750. The sequence drawn was5-7-6-3-2-4-1. The 50 euro winner was Eddie Kelly (Filimy), Drumcarbit. The 20 euro sellers prize goes to N and R Kelly. Next weeks jackpot stands at €1800 and as always we would like to thank the local community for their continued support of our weekly lotto draw.UNDERAGE BOYS TRAINING Under 6 training runs every Sunday morning from 10.00 to 11.15.Under 8 training takes place every Sunday morning from 11.30 to 12.45Under 10 training will be held on Saturday evenings at 7.00Under 12 training is held on Saturdays from 4.30-6.00. Under 14 training takes place indoor, every Monday and Fridays from 5.00 – 6.30. While the Under 16 and minor panels have commenced training on Saturday mornings from 11. Presently, all sessions are held indoors in the club gym and everyone is advised to bring appropriate footwear and a gum shield for each session.UNDERAGE GIRLS TRAININGU10/U8 Girls will return on Saturday 1st of February at 11:10:12:15, all girls from Junior Infants to 3rd class are invited to attend.New players are also welcome to attend in each age group.SCHOOL QUIZIn linking up with the local primary schools, we are currently running a quiz for the younger members of our club. Last week, the first ever Malin GAA school quiz was sent to each of the six primary schools. By correctly answering three questions on our club, all correct entries will be placed in a draw, with 6 Malin GAA hats (one for each school) up for grabs. All answers are to be returned to their school as soon as possible, with your name, age, class & school, which Danny will collect. Good Luck to everyone & we will announce the winners next week.HURLING COURSEThere will be a Hurling foundation course on Friday 21st & Saturday February 22nd in McCumhaill Park, Ballybofey. Anyone interested in attending is asked to contact the club as soon as possible.BASKETBALLLadies basketball has now moved to Mondays between 9pm-10pm in the gym. These Monday sessions will run from the 3rd of Feb until Easter and the cost is just €2 per night. We would like to invite any ladies in the local area that would like to attend to please do, its a great way to keep fit & meet new people. Well Done ladies & thank you for making it a success!CLUB NOTESAny items for the notes should be forwarded to Martin Doherty on 0861585880 or alternatively send an email to the club email address [email protected] at no later than 9 o clock on the Sunday evening.CLUB NEWSYou can now stay up to date with all the latest happenings within the club by checking our facebook page www.facebook.com/malingaa, by following us on twitter @malainnclg, or by sending a text to the club texting service 0868668531 to avail of club fixtures. If anyone has any club related information which they would like posted onto our facebook or twitter accounts, feel free to send a private message to the relevant accounts.GAA NEWS – MALIN LADIES GET BACK IN TRAINING was last modified: February 10th, 2014 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:Malin GAA Club noteslast_img read more

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QPR round-up: Striker bid accepted, Kpekawa deal agreed, keeper’s new contract

first_imgQPR have agreed a fee in the region of £1.5m with Belgian club Anderlecht for striker Idrissa Sylla.The Guinea international, 25, is due in London to discuss personal terms ahead of a possible pre-deadline move to Loftus Road.Rangers are keen to sign at least one striker before Wednesday night’s deadline and Sylla is one of several options they have been considering.West London Sport also revealed today that QPR have agreed a fee with Barnsley for Cole Kpekawa.Barnsley made an offer for the defender last week and after Rangers quickly indicated that they would be willing to sell him, the two clubs struck a deal worth around £450,000.Many QPR fans on Twitter have reacted with dismay to the news that Kpekawa could be leaving.Meanwhile, young R’s goalkeeper Joe Lumley has agreed terms on a new contract at Loftus Road.The club are keen to extend Lumley’s deal and send him out on loan this week.And manager Jimmy Floyd Hasselbaink has paid tribute to Rangers captain Nedum Onuoha, saying he ‘brings calmness and leads by example.’Follow West London Sport on TwitterFind us on Facebooklast_img read more

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Why you can’t take the Warriors’ incredible run for granted

first_imgFive straight trips to the Finals is … [vemba-video id=”van/sc/2019/05/21/bang_5dd0738e-e84a-45e3-9d96-1acf1a7c86df”]Dieter talks about the Golden State Warriors’ sweep of the Portland Trail BlazersPORTLAND, Ore. — Do not take this for granted, Warriors fans.Yes, heading into the 2018-19 campaign, it was easily presumed that Golden State Warriors would to win the Western Conference for a fifth straight season, but don’t let that expectation overshadow this accomplishment.last_img read more

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Stunning KO loss ‘big lesson learned’ for Folayang

first_img“I tip my hat off to Martin Nguyen. He did his homework well and came very prepared,” he said. “Because of this, my hunger for improvement remains unsatiated. This is a big lesson learned. I believe challenges inside and outside the cage always bring out the best in us. I assure you that the journey doesn’t end here.”In December of 2014, Folayang was dealt with a devastating defeat when he took a flying knee and soccer kicks to the head from Russian Timofey Nastyukhin.READ: Folayang preparing for Nguyen’s speed The 32-year-old Folayang went on a four-fight streak since then, including a stunning stoppage of Japanese legen Shinya Aoki in 2016 to earn the lightweight belt.“The odds were not in my favor last Friday. Nevertheless, Team Lakay and I will exert our best efforts to wave our Philippine flag more triumphantly in 2018.”ADVERTISEMENT John Lloyd Cruz a dashing guest at Vhong Navarro’s wedding Brace for potentially devastating typhoon approaching PH – NDRRMC Japan ex-PM Nakasone who boosted ties with US dies at 101 View comments Alvarez ready to take risk vs Folayang, looks to end clash by ‘knockout or submission’ PLAY LIST 02:18Alvarez ready to take risk vs Folayang, looks to end clash by ‘knockout or submission’02:03MMA legends gather in Tokyo for historic ONE: New Era fight week00:50Trending Articles01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games Photo by Tristan Tamayo/INQUIRER.netThe last time Eduard Folayang got knocked out, he bounced back and became a world champion.It’s hard not to bet on the Filipino MMA star to redeem himself after suffering a KO at the hands of Martin Nguyen on Friday night in the main event of ONE: Legends of the World.ADVERTISEMENT Read Next Kammuri turning to super typhoon less likely but possible — Pagasa It was a brutal loss for Folayang, who laid flat on his back after walking into a crushing right hand by Nguyen in the second round.Folayang, who relinquished his lightweight title, vowed to make his way back.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutREAD: Nguyen knocks out Folayang for ONE lightweight title “I assure my followers and the fans of Team Lakay that I am alright and there is nothing to be anxious about. I am still in good physical condition,” said Folayang, who commended his foe and good friend Nguyen.center_img CPP denies ‘Ka Diego’ arrest caused ‘mass panic’ among S. Tagalog NPA Typhoon Kammuri accelerates, gains strength en route to PH QC cops nab robbery gang leader, cohort Don’t miss out on the latest news and information. LATEST STORIES Stronger peso trims PH debt value to P7.9 trillion MOST READ Magic Johnson on why he won’t ask Lonzo Ball to change his shotlast_img read more

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AusSquad Camp Postponed

first_imgThe camp will now be held from Friday, 2 August until Sunday, 4 August. If you have any queries, please contact the TFA office on (02) 6212 2800.Related LinksAusSquad Camp Touch Football Australia (TFA) wishes to advise that the AusSquad camp for New South Wales participants which was to be held in Wollongong this weekend has been postponed due to the weather. last_img

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11 days agoEx-Arsenal manager Wenger to have autobiography published

first_imgEx-Arsenal manager Wenger to have autobiography publishedby Paul Vegas11 days agoSend to a friendShare the loveFormer Arsenal manager Arsene Wenger is to have an autobiography published.The Frenchman has long been linked with book deals that would see him explain the inner workings of his 22 years at Arsenal.And it was announced this morning by publisher Weidenfeld and Nicolson that Wenger will reveal all next year after agreeing to publish his autobiography.The book, titled ‘My Life in Red and White’, will be released in the autumn of next year and is Wenger’s first autobiography.The Frenchman is expected to discuss his life as “one of the greatest and most influential coaches and managers of modern times”, including his time as the longest-serving manager of Arsenal. About the authorPaul VegasShare the loveHave your saylast_img read more

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Lambert wants to win three games to survive

first_imgStoke City are trailing by five points on the safety places with just four Premier League games to go and Paul Lambert insisted that they will have to win at least three of them.It has been a tough season for the Potters and it hasn’t got any better since Paul Lambert was appointed – but the coach still believes that they have got the situation in their very own hands.The experienced manager spoke about his side’s surviving chances as he said, according to Sky Sports:“We have to give everything we have to get the points we need.”Jose Mourinho is sold on Lampard succeeding at Chelsea Tomás Pavel Ibarra Meda – September 14, 2019 Jose Mourinho wanted to give his two cents on Frank Lampard’s odds as the new Chelsea FC manager, he thinks he will succeed.There really…“We have to win and if we have the backing and make this really hostile on Sunday, the way I know it can be, and if we play with tempo and with fire in our stomach, then we really have a chance.”“I’ve not changed my tactics at all – I’ve gone for the win in every match since I’ve been here. Even at The Emirates and against Spurs, we went for it.”“Against Arsenal and Tottenham we were unfortunate and against West Ham, we had good moments.”last_img read more

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