China’s Responsibility for the Global Pandemic

A nearly empty Times Square is seen on March 23, 2020 in New York City. It is raining and the streets are wet. An electronic billboard reads, “Thank You #HealthCare Workers!” Other electronic billboards show ads for various products. The lights from the billboards can be seen reflected in the water on the street.

The world is now grappling with an unprecedented case of transboundary harm that originated in China: the still-growing global COVID-19 pandemic. This essay considers how the international law principles established in the Trail Smelter case suggest China’s legal responsibility for the harm associated with this pandemic. China should not view this as a threat. It is an opportunity to make things right, grow into the role of a world leader, and reboot the world economy on which it depends for its prosperity.