tv The Day Deutsche Welle April 28, 2020 10:30pm-11:01pm CEST
and the christian population. as fighters occupied the city center in 2000 the president gets his response was. this is not the kind of freedom that we. coded morello we become a gateway to islamist terror. an explosive report from a destroyed sitting. in the sights of i.r.s. starts may 20th on g.w. . newspaper the headline read what china owns us editors that bill does say that china should pay germany 150000000000 euros for damages caused by the corona virus pandemic when germany is not alone yesterday in the rose garden at the white house u.s. president donald trump said that beijing could have prevented the pandemic suggesting
washington plans to seek damages from beijing when how and how much oil that will be determined later i'm brant gulf in berlin this is the day. we are not happy with china we are not happy with that whole situation. i would like to stress that us politicians are ignoring the facts and lying repeatedly. there are a lot of ways you can hold them accountable we're doing very serious investigations as you probably know to this with the sole purpose of deflecting attention responsibility for the insufficient response to epidemic prevention and control this home because we believe it could have been stopped at the source it could have been stopped quickly and it would have spread all over the world and we think that should have happened we would have to buy u.s. politicians to shift the blame to china not denigrate china's response to the virus
and help the u.s. . also coming up tonight the u.k. health system is being hit by the full force of the corona virus outbreak tonight we'll hear from the doctors on the frontline so trust. to people about this if define a lot. more to our viewers on p.b.s. in the united states and all around the world welcome we begin the day with an attempt to hold china responsible for. the pandemic and an attempt to make china pay it is nothing new that u.s. president considers china part of the problem when reporters ask about the u.s. is slow response to the coronavirus outbreak trump has been accused of china for his own lack of action accusations and insinuations labeled as presidential hyperbole that's one thing but
a formal investigation into china on orders of the us government well that is another level with serious consequences for all parties not just the president yesterday trump once again attacked china saying that beijing couldn't stop covert 19 from ever leaving the country and for the 1st time he said that the u.s. is investigating china's handling of the outbreak and he suggested washington may seek damages from beijing a real threat to deliver justice or just election year posturing by the president we have more now in this report he failed to act so no trungpa news in an attic was used by joe biden's comes pain slamming president trump for his handling of the condemning trump crease the truth is 15 times in january and february as the coronavirus spread across the this is no time and the trump come pain has its own ads patrolling joe biden as too cozy with china biden's son and
a $1000000000.00 deal with a subsidiary of the back of china. is going to go once. they're not bad folks but in the wake of the coronavirus pandemic china has become a central compay an issue in the u.s. president and his likely challenge and joe biden battle over who is tougher on that coming up in beijing and there seems to be bipartisan agreement that bashing china and projecting a strong man image has a political benefit. for the nonce trump blaming china for the spread of the virus just like from his own have only criticized response to their pens demick his reelection strategy seem to believe it's maybe the best way to win a difficult election but is it. we catch up with michael steele a conservative commentator and former republican party officials says that you know all the hiring and noise about china now is to make up for what he said about china
when this whole thing began where she was giving them since he was. going up the steps and actually the big thing in rwanda. so i don't think that's one of the benefits and now we're back and saying sorry you're a bad boy from strategy may even backfire his flattery of president china his initial praise of china's transparency during the pandemic the biotin come pain can turn that against him by joe biden's own past china policy as vice president and senator and his son hunter his business dealings with a country make him vulnerable to. bashing china is almost a tradition and you ask presidential elections but this time it's happening emmett's at dangerous pandemic rejecting aaron's is executive director of the asian pacific american advocates she swore it about the impact the pandemic is already
having an asian americans and as a result we've seen a huge increase in discrimination and harassment in american within this country everything from verbal assaults being brain is lashing chemical substances to outright physical violence even on young children. 3 to happen aaron says concerned that the political confrontation over china could lead to more harassment it is also likely to further deteriorate if you ask china relationship whoever wins the election. or relations between the u.s. and china have deteriorated this pandemic with washington accusing beijing of misleading the world in the early days of the coronavirus. break a bill is now before the u.s. senate that would allow a lawsuit against a foreign state that deliberately conceals information that's connected to a public health emergency and this week the u.s.
state of mississippi joined missouri in its lawsuit against china which alleges that china misled the world health organization about the corona virus and even censored information about the outbreak litigation and legislation will tonight we want to take a closer look at international law and how a case could possibly be made against china my 1st guest says that there is a case and a legal pathway for pursuing it now the foundation of his legal argument can be found in the book that he coauthored in titled trans boundary harm in international law lessons from the trail smelter arbitration the book focuses on an environmental case toxic smoke from a smelter in the 1930 years in which canada agreed to allow itself to be sued by the united states russell miller is the co-author of that book and he's my guest
tonight russ is the j.v. stump professor of law at washington and lee university in the state of virginia in the u.s. residence good to have you on the day you and attorney william star you took your book as a basis and you brought it into the present day pandemic you wrote an article laying out the argument that china is liable for damages under public international law let's start very basic here what is public international law. well brett we have to distinguish between the cases referenced earlier in the story from mississippi and missouri and you might have mentioned a handful of class action lawsuits filed by individuals as well each of those cases seek to use u.s. law domestic or international law to assert liability in the case of the virus but public international law involves the law that establishes rules that govern
the relationships the rights and responsibilities between states is a much different regime it's not the same thing as as expecting to bring china into a u.s. court on the basis of u.s. law this is a regime of law that governs all states so ok in the arguments you make then tell us what exactly are you claiming against china. well the argument draws on as you mentioned the historic trail smelter arbitration case that case involved pollution drifting into the united states in the late twenty's and early thirty's from a large smelter facility in canada and after private lawsuits like the ones we just mentioned in missouri or or mississippi or class action suits failed to produce compensation for the farmers in the state of washington who were harmed by the smelter after those cases failed the united states took up the cause of those
farmers in international law and remarkably canada agreed to to be brought before an arbitrary panel in that case and that panel established some fundamental rules in public international law the 1st is that no state should be allowed to use its territory or allow its territory to be used to create harm in another state's territory and the 2nd principle was that if a state does that allows its territory to produce trans boundary harm then it should pay compensation for those damages. it's the basis of our claims in the recent article draw from analogy to that trail smelter incident in the thirty's and early forty's it's possible to imagine that that shyness negligence in establishing affective food and health regulations is the basis for floor trans boundary are now
emanating all over the world and rose he says so you say there is president here so this is definitely more than just an academic exercise but i'm wondering how realistic is it to expect this kind of legal challenge against china will ever gain real traction and before you answer that i want you to take a listen to how the chinese foreign ministry last weekend responded to the u.s. state of missouri suing the people's republic of china take a listen. did you find in 1000 eighty's aids was 1st found in the united states and is now spread all over the world and i don't know how many people in the will suffer from aids has anyone found the united states to blame me would be the i'm all right there ross when you hear that response rather outrageous there with aids in the u.s. being responsible for aids how realistic is it in your opinion that china would ever recognize a legal claim against it like shot like canada did in the trail smelter case.
but that clip doesn't give me a lot of hope that that china would take the past that canada did in the thirty's and forty's canada saw that it was in its best interests as a good neighbor and as a potential trading partner to engage in that of the suit i described in trail smelter so that clip isn't very promising i had more hope even just a few days ago as we saw other powers the united kingdom and european union representatives expressing dismay at china's intransigents or in transparency but we've seen even in the last few days that europeans are walking back some of their criticisms in that sense it's a matter of of china gauging its best interests whether it might see it as a good path forward to to submit to something like the trail smelter arbitration
well let's assume that china were to go along with this what amount in damages are you suggesting that basine should have to pay and to whom with that money good and who would administer it for example. that's the maybe one of the more complicated parts of this proposal that that we've set out of course the trail smelter case involves a large measure of attempts to divine the actual liability for the harm that was detected in the united states and that might be the most valuable part of our proposal it it would submit claims of chinese liability to open transparent. rational arguments and china could make its own case there and that setting for its responsibility but if you just take the at the current conditions produced by the pandemic. a few weeks ago we were willing to say that
that this was something like a 6 trillion dollar liability of course the united states has already met something close to half of that in the emergency measures the congress hasn't acted. so maybe that's that's a generous under estimate but again the actual determination of damages would be would benefit from open in gauge mint and rational argument you know proceeding with you just right now rational argument process a legal challenge like this would be very political i'm sure just even with you and i discussing this on this program that i'm going to get a lot of criticism at the end of the day in your opinion do politics do they hurt the search for justice in this case more than anything else. certainly politics could be a barrier to this but i want to underscore that these claims were not in any way
meant to be a kind of china bashing your lesson from the trail case is that canada benefit immensely from its participation and we can imagine china benefiting at the very least reputational from engaging with its partners around the world to discuss try to identify liability here there's a hidden element that emerged from the trail smelter case as well and that is that canada emerged from the arbitration as a kind of technological leader with respects to pollution mitigation and china i could imagine seeing that as a long term benefit as well this is not meant to be china bashing it's an invitation for china to participate as a global partner in the way that it imagines itself participating. the voices of reason and rational thinking but they do come to the fore and that it's you know voices like you are get
a bigger form than they have right now miller the. law at washington and lee university school of law in virginia present your time and your insights tonight take care and stay safe stay healthy thank you thanks for the conversation . today britain held a minute's silence to pay tribute to frontline workers who have died after contracting code $19.00 british media report that more than $100.00 national health service staff have now died from the virus and these were the scenes on tuesday morning in the u.k. . the u.k. government has announced that it will make a 60000 pounds compensation payment to families of health workers and social care staff who died fighting the outbreak that's about 70000 euros critics of the
government's response to the pandemic say today's compensation payment offer reveals that the crisis within the u.k.'s national health system. where the u.k. has seen more than 21000 people die after contracting could have 19 years of underfunding and staff shortages and now a severe lack of personal protective equipment have all left the british national health system and its workers buckling under the strain of the coronavirus medics knowing that their work makes them a target of the virus. went on and on sleeve gown that protects him from coronavirus dr assays munaf almost feels guilty every time he puts one on he's an emergency doctor so he doesn't have access to past not protective equipment or people. that supplies across the u.k.
are very limited they simply aren't enough gowns for every doctor i want to go to a kitchen it's a. conscious use it to you they call box of supplies getting less and less and less so that's every time because they only have to marry you know we are in a high risk aren't treat court is a phone you could talk to say they don't have access to protective clothing mises and mosques are also in short supply some doctors are having to buy their own at that p 3 masks from d.i.y. stores and from building mentioned. and also having to do things like make their own aprons out of rubbish bin bags to track protect their closing well staging these high risk procedures over 100 medical staff doctors as well as nurses have already died from the virus on social media videos like this are being said hospital workers paying their last respects to a continent even before the crisis the u.k.
was short of over 40000 nurses staff are now on the enormous pressure even very experienced nurses and pushed to the edge and we have a lot of newly qualified staff who only been in the job 6 months or one year and they've really been pushed pushed to 2 to breaking point we are and. already underfunded we need moved up the nessus to work in the n.h.s. even in normal times so at the moment we are above and beyond what we ever thought that we could be intensive and working and that we're trying our best that we do need more stuff and we need more equipment and that is a result of underfunding of the last decade and patients are suffering 2 hospitals are having to ration supplies like oxygen on dialysis food for patients with kidney failure. septum or enough describe situations where older patients that might
offend the thinking from intensive care has been denied treatment whereas a few months ago people of the 65 would sit at your basic events and it's now it's scratchy you're so stringent so to trust all that even looked up to you get people to book their 55 i think you should switch i deemed. by texaco you did but the i.c.u. people protect a lot. it white for crushing britain's national health service is facing its biggest emergency since its founding. well for more on this story let's cross now to carlisle in the u.k. and bring in dr john campbell he also works as an independent health analyst he has generated a large following on social media partly due to his reasoned and rational insights into this pandemic dr campbell it's good to have you back on the day we just heard a doctor saying that he believes access to ventilators is being rationed in the
u.k. is that something that happening across the country. no that's not really my experience now i'm not directly working in intensive care anymore but i do have quite a few contacts in intensive care units in different parts of the country and they're telling me that in most parts of the country outside of the london area there's actually still some reserve capacity so for example in the local intensive care unit here those are empty beds at the moment so we still do have some intensive care capacity now it has been full and in parts of the country it will be full but that normally happens anyway so at the moment at the moment hospital beds and intensive care beds are available in most parts of the u.k. most of the time i don't think it's quite as bad as that doctor was intimating to be quite honest. we saw that today across the u.k. people held a moment's silence for medical staff who have died during this pandemic in the u.k.
our medical staff are they working without the necessary for detection and if so why is that well again it's not really my experience locally that my contacts in the local hospital are fairly well supplied with p.p.a. at the moment to not have a regular supply of it and some parts of the country probably do and out in some periods of time and these are the ones that do tend to make the headlines when people do go now because if people have plenty of p.p.a. that's not really that noteworthy now where there has been problems is with the quality of p.p.a. sometimes and particularly in the cassock so it seems that the the acute care sector is often prioritised for p.p. in the cas sector which has had a lot of deaths and a lot of cross infection often has struggled much more than the acute care sector i think. i'd like to bring in a quote from a leading german viral logis is named as christians or alston is a household name here in germany and he told the guardian newspaper that the
rollout of testing in germany was driven in part by market forces which made it fast and that wasn't the case in the u.k. his words now though i have the impression that the u.k. is really gaining momentum in this regard and that it is coordinating testing efforts better than germany and quote so christin the cost and says that the u.k. is even ahead of germany when it comes to the coordination of testing so what is the british government doing right here. yeah i wouldn't i wouldn't say we're doing as well as germany at the moment so far in this pandemic the british government and or in britain with $8.00 tests per 1000 people we have germany has either over $24.00 tests per 1000 people so germany is still well ahead but you're right the the importance of testing has been realized now in the u.k. it's gone from centralised to more regionalized areas where the testing is being
carried out although it's still on every hospital and over the past 24 hours we've carried out 43000 test which isn't a huge amount because 73000 devices have been available and of course the government is committed to getting up to $100000.00 tests a day by the end of the month which of course is only a few days away it's friday so parts of the problem has been the availability of tests but now it's also a matter of the logistics of how those tests are administered and given to the people that need them so for example there were testing made available to workers in cat homes last week but many of them couldn't physically get there whereas now this is units which are doing mobile testing actually taking the testing facility to the care home so the testing can be carried out there so it's getting more targeted because it's not just the amount of testing it's how that testing is targeted and given that the death rates are so appallingly high in care homes at the moment in the u.k. that's being given a priority now and all the stuff and all the symptomatic patients that are going to
be tested so that we can we've got about one minute here how do you explain why britain has one of the worst rates of infections in mortalities in europe and in this pandemic i mean what's the reason in your opinion. i think it's because there was a lot of community spread before people realized there was a lot of spread going on so there was generally a reactivity so the philosophy seemed to be that well when we've got a problem we will address it where is really what we should have been saying well no we're going to have a problem 23456 weeks down the line and been much more proactive rather than simply reactive south think we've waited for problems to happen so the lockdown for example didn't start till the 23rd of march in the u.k. and really that was too late and i believe there's a lot of spreading schools for example which actually close quite late in the u.k. not the children have suffered badly themselves but of course children pass it on to their parents and or to their grandparents as well so i think it was basically
late recognition that we had a problem that there was a stoppage community spread and the lockdown measures were taken reactively not proactively dr john campbell is always an example we appreciate your insights in your time tonight thank you pleasure. well the day is almost done the conversation continues online you'll find us on twitter a d w news you can follow me brant goss t.v. don't forget to use the hash tag the day every member whatever happens between now and then tomorrow is another day we'll see even if.
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