Tuesday, December 8, 2020

China Deserves a Day in Court

 By David B. Rivkin Jr. and Lee A. Casey

ILLUSTRATION: CHAD CROWE


As Donald Trump and Joe Biden debate how to deal with malign Chinese behavior, Beijing’s National Bureau of Statistics reports its economy has largely recovered from the Covid-19 pandemic, growing 4.9% year-on-year in the third quarter. Meanwhile American class-action lawyers and the attorneys general of Mississippi and Missouri are suing the Chinese government over the novel coronavirus. Plaintiffs accuse Beijing of various forms of misconduct, ranging from negligence in handling the original infections in Wuhan to the reckless operation of biolabs and even perpetrating bioterrorism against the U.S.

Some of these claims are more plausible than others, but all face an insurmountable obstacle in court: the Foreign Sovereign Immunities Act of 1976, which prevents most lawsuits against foreign countries in U.S. courts. Litigation could be a way of holding China accountable, but only if Congress changes the law.

FSIA makes a few limited exceptions to immunity. Although lawyers in these cases have cited them, all seem clearly inapplicable. One permits suits against foreign governments based on their commercial activities in the U.S., or elsewhere if there is a direct effect in America. But these complaints allege governmental, not commercial, negligence or duplicity in handling the epidemic.

The tort exception allows foreign governments to be sued for wrongful actions, whether negligent or intentional. But Supreme Court precedent limits the exception to torts that take place entirely within the U.S. It would cover, for instance, an auto accident in Washington but not in Beijing.

There’s also an exception for terrorism, but that requires either that the defendant be designated a “state sponsor of terrorism” by the U.S.—currently only Iran, North Korea, Sudan and Syria are—or a specific act of international terrorism within the U.S. A biological attack would surely qualify, but there’s no evidence of that here.

FSIA gives federal courts jurisdiction over all lawsuits against foreign governments, and it’s almost certain judges will dismiss these actions even if Beijing refuses to participate in the proceedings. Reinterpreting any of the FSIA exceptions to cover suits involving the pandemic would open the door to further attacks on sovereign immunity. The U.S., a sovereign state itself, should be careful about creating broad new exceptions, and judges should be especially cautious, since they have neither the authority nor the expertise to conduct foreign policy.

That said, Congress has the power to limit or withdraw a foreign state’s sovereign immunity, and it should consider doing so in response to Covid-19. Such changes to deal with novel problems are legitimate and well-recognized. In May the Supreme Court held unanimously in Optai v. Republic of Sudan that plaintiffs in a lawsuit over al Qaeda’s 1998 attacks on U.S. embassies in Africa could recover punitive damages under an amendment to FSIA enacted in 2008.

Congress could enact a new exception to FSIA for cases in which a foreign state has failed to inform, or deliberately misinformed, the global community of the nature and scope of a local epidemic that becomes a global pandemic. Beijing’s failure in December to comply with the 24-hour notification requirement of the 2005 International Health Regulations would be an important factor to consider.

Such a statute could either create a new federal tort or give federal courts jurisdiction over suits alleging injuries under state law. As with the Justice Against Sponsors of Terrorism Act of 2016, Congress should authorize the federal government to intervene in litigation to secure a diplomatic resolution that compensates plaintiffs and mitigates future harms.

The U.S. judiciary is respected around the world and would be a better venue than any governmental or international investigation for getting at the truth of Covid-19. Beijing has accused the U.S. military of creating the virus and introducing it during the 2019 Military World Games in Wuhan, in which a U.S. team participated. Chinese nationals have filed several lawsuits in China against the U.S. military, the Centers for Disease Control and Prevention and other American government entities. In these pages in May, a senior Chinese official, Xie Feng, suggested that the virus might have originated outside China. If Chinese officials have evidence to support any of these assertions, they could introduce them in court. In any case, their claims underscore the need for an impartial inquiry.

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Congress could also withdraw immunity from international organizations that allegedly aided and abetted China’s efforts to play down the virus’s transmission and the health risks. Western intelligence services have suggested that Beijing gave detailed instructions to World Health Organization on what it should say. Plaintiffs could use the discovery process to identify other governmental and private-sector collaborators and hold them accountable for their Covid-related activities and other likely offenses, such as garden-variety corruption, committed while collaborating with Beijing.

They could also explore evidence that Covid-19 stemmed from an accidental release from a Wuhan biolab.

Beijing wouldn’t be able to ignore U.S. lawsuits. If it refused to participate, U.S. courts would enter enforceable default judgments. If it did participate, it would have to submit to discovery. It may be tempted to cheat in this process, but modern discovery techniques make that exceedingly difficult, and cheating would entail further liability and judicial punishments.

The Chinese government could try to avoid complying with any court-ordered damages and injunctions. But that wouldn’t be easy. Successful plaintiffs could collect judgments against Beijing by seizing Chinese government-owned commercial property around the world and the proceeds of sales of government goods and services. Ignoring injunctions would lead to monetary fines and other punishments.

Several bills featuring some of these provisions have been introduced by Sens. Tom Cotton, Josh Hawley, Martha McSally and Marsha Blackburn. Congress should proceed with caution. The law is usually a blunt and inflexible policy tool, wielded by an unelected judiciary rather than the president and Congress, where the Constitution vests the power to run foreign affairs. The political branches are accountable for their decisions in a way that the judiciary is not.

Yet Covid-19 has taken a tremendous human and economic toll world-wide. Lawsuits may become a powerful instrument for changing China’s behavior and can aid U.S. diplomatic and economic efforts to accomplish the same goal. Deterring China from future aberrant behavior requires holding it accountable for its Covid-19-related misconduct.

Messrs. Rivkin and Casey practice appellate and constitutional law in Washington. They served in the White House Counsel’s Office and Justice Department under Presidents Reagan and George H.W. Bush.

Wednesday, November 18, 2020

Human ageing process biologically reversed in world first

 A beginning of uncertainty.

The ageing process has been biologically reversed for the first time by giving humans oxygen therapy in a pressurised chamber.

Scientists in Israel showed they could turn back the clock in two key areas of the body believed to be responsible for the frailty and ill-health that comes with growing older.

As people age, the protective caps at the ends of chromosomes – called telomeres – shorten, causing DNA to become damaged and cells to stop replicating. At the same time, "zombie" senescent cells build up in the body, preventing regeneration.

Increasing telemere length and getting rid of senescent cells is the focus of many anti-ageing studies, and drugs are being developed to target those areas.

Now scientists at Tel Aviv University have shown that giving pure oxygen to older people while in a hyperbaric chamber increased the length of their telomeres by 20 per cent, a feat that has never been achieved before. 

Scientists said the growth may mean that the telomeres of trial participants were now as long as they had been 25 years earlier. 

A hyperbaric chamber  - Universal Images Group Editorial /Universal Images Group Editorial 
A hyperbaric chamber - Universal Images Group Editorial /Universal Images Group Editorial

The therapy also reduced senescent cells by up to 37 per cent, making way for new healthy cells to regrow. Animal studies have shown that removing senescent cells extends remaining life by more than one third.

"Since telomere shortening is considered the 'Holy Grail' of the biology of ageing, many pharmacological and environmental interventions are being extensively explored in the hopes of enabling telomere elongation," said Professor Shai Efrati of the Faculty of Medicine and Sagol School of Neuroscience at Tel Aviv University.

"The significant improvement of telomere length shown during and after these unique protocols provides the scientific community with a new foundation of understanding that ageing can indeed be targeted and reversed at the basic cellular-biological level."

Many scientists now believe ageing itself is responsible for major conditions such as Alzheimer's, Parkinson's, arthritis, cancer, heart disease, and diabetes. 

It is also known that obesity, smoking, lack of physical activity, vitamin deficiency and inflammation can speed up the shortening of telomeres, demonstrating that they have a major impact on longevity. 

Micrograph of human chromosomes with yellow dye marking location of telomeres - Los Alamos National Laboratory 
Micrograph of human chromosomes with yellow dye marking location of telomeres - Los Alamos National Laboratory

The trial included 35 healthy independent adults aged 64 and older who did not undergo any lifestyle, diet or medication adjustments. Each patient was placed in a hyperbaric chamber for 90 minutes for five days a week over three months while breathing 100 per cent oxygen through a mask. 

The pressurised chamber allows more oxygen to be dissolved into the tissues and mimics a state of "hypoxia", or oxygen shortage, which is known to have regenerating effects. 

Previous trials have shown that eating a healthy diet can preserve telomere length, while high-intensity training for six months has been proven to lengthen telomeres by up to five per cent. 

The Israeli team has also previously demonstrated that the pressurised oxygen therapy can improve cognitive decline. 

"Until now, interventions such as lifestyle modifications and intense exercise were shown to have some inhibition effect on the expected telomere length shortening," said Dr Amir Hadanny, chief medical research officer of the Sagol Center for Hyperbaric Medicine and Research. 

"However, what is remarkable to note in our study is that, in just three months of therapy, we were able to achieve such significant telomere elongation – at rates far beyond any of the current available interventions or lifestyle modifications.

"With this pioneering study, we have opened a door for further research on the prolonged cellular impact of the therapy to reverse the ageing process. After dedicating our research to exploring its impact on the areas of brain functionality and age-related cognitive decline, we have now uncovered, for the first time in humans, biological effects at the cellular level in healthy ageing adults." 

The research was published in the journal Ageing.

Sunday, November 15, 2020

全球叫好:辉瑞疫苗牛在哪里?

 美国时间11月13日,川普在大选后第一次发表正式讲话,宣布最快将从2021年4月起,在全美提供新冠疫苗。这场肆虐全球的大流行病有望在灾难最为深重的美国率先得到控制。


深陷选举纠纷的川普为什么专门为了疫苗召开发布会,而且信心如此强烈?

他所说的疫苗,就是美国辉瑞(Pfizer)公司和德国生物科技公司BioNTech联合研发的,经过三期临床试验,证实有效率达到90%以上的BNT162新冠疫苗。这个消息几天前发布后,就已经引发了美国股市的巨大反应,不仅这两家公司的股价坐上了火箭,还带动大盘整体上升不止,显示出市场对于这只疫苗的巨大信心。


实际上在此之前,俄罗斯和中国都先行宣布了自己研制的疫苗,但是全球反响平平,甚至质疑不断。为什么辉瑞的疫苗一出,引来叫好连连并迅速得到一致认可?

传统的疫苗叫做减毒疫苗、灭活疫苗。原理是将整个病毒株提取后,经过减毒和灭活使其失去致病能力,但依然有蛋白活性。所以在进入人体后,能够激发人体的免疫系统作出反应,产生有效抗体。这种传统疫苗的研制周期很长,一般情况下从研制到最终应用,需要8-10年。但今年新冠疫情来势汹汹,破坏力极大,显然大家都等不了那么久。

辉瑞的这款疫苗叫做“mRNA疫苗”。mRNA学名叫做信使核糖核酸——它是一种天然分子,为人体细胞提供指令,制造标靶蛋白和抗原,从而激发人体免疫反应。疫苗研制的原理是从病毒分子中提取出mRNA,注入人体细胞产生抗体。人体在感染新冠之后,这些抗体就会被激活,抵抗病毒。

这种方法本来是德国生物科技公司BioNTech用来研发抗癌药物的,但是今年三月发现用于疫苗研发更为迅速,所以得以和辉瑞合作,用短短数月的时间,实现了疫苗研发的“光速”。

那么这只创新的疫苗到底牛在哪里?它牛在三个方面。

第一,它能对付病毒变异。新冠病毒传染性和致病性强,原因之一在于病毒的变异能力很强。按照传统的疫苗研制方法,病毒一旦变异,又要从头研制,效率低下。而辉瑞的疫苗直接提取自于不会发生变化的核糖核酸,所以万变不离其宗,不管病毒发生什么变异,都能准确识别并产生相应抗体。

第二、这款疫苗安全性高。传统疫苗对于极少数人群存在过敏风险和脱靶效应,而这款疫苗在这两方面都明显优于传统疫苗。

第三、它造价低、生产快。根据辉瑞公布的计划,预估在2020年底之前生产供应全球约5千万针疫苗,而在2021年底前可以供应约13亿支。三个月的产量就足以实现美国全民注射,一年的产量就可以解决全球主要国家的需求。相反传统灭活疫苗产量十分有限,比如前段时间国药集团公布的疫苗,乐观产能一年下来也只有2亿支,解决本国的需求都有困难。

当然这款疫苗也有缺点,那就是它的质量控制要求很高,未必是每个国家有生产条件,而且储藏和运输条件极为苛刻——需要在零下80度。但许多医疗中心没有这样的设备。发展中国家和经济欠发达地区更缺乏这样的设备。也就是说,短时间内可能全球只有少数发达国家可以大面积推广。

 


那么问题也就来了,为什么全球市场如此信赖辉瑞的疫苗,它不会吹牛逼吗?

辉瑞在医药界的实力就无需多说了,这家创办于1849年的老牌药企,在制药行业中长期排名全球第一,总部位于纽约。使用发酵技术生产青霉素、研发广谱抗生素、四环素等跨时代的成果都是出自他家。当然更不用说中老年男性的福音——伟哥也是他家的。

大家信赖辉瑞除了全球第一的金字招牌,更重要的是他家严谨的临床数据,辉瑞这款疫苗严格按照三期临床试验的流程,在美国、巴西、德国、阿根廷、南非和土耳其六个国家的4.35万名具有“不同的种族和民族背景”志愿者中进行了实验。数据显示,志愿者在七天内接受两次注射之后,90%可以获得免疫力。这个数据不仅远远高于美国食品药品监督管理局(FDA)对上市疫苗有效率至少要达到50%的要求,而且也高于目前市面上普通流感疫苗70%左右的有效率。

传染病疫苗50%有效率是一个坎,一般认为只要超过50%的有效率,就能有效控制病毒的传播。90%已经是一个极为惊人的数据。中国的复星医药在 3 月份与 BioNTech 签署合作协议,获得这款疫苗在中国开发的许可,并于 7 月 16 日获得临床实验批准,9 月在中国进行的一期试验 144 例受试者免疫效果良好。这也从侧面说明了这款疫苗的实力。

而中国和巴西合作的疫苗三期数据尚不明朗,而且目前因为病人自杀的事件,目前已经在巴西暂停临床试验。而国内陈薇院士的疫苗还在临床二期,而且数据上也和辉瑞的不可比拟。

欧盟已经和辉瑞签署购买多达三亿剂疫苗的合同。英国也已经订购了4千万剂,加拿大和日本也在跑步入场。

当然,其实病毒传染不分中外,不管哪个国家研制出来,都是对全人类的贡献,获益的也是各国的民众。在这上面没有必要用民族主义的眼光去看待全球市场的反应——事实就是事实。在对待生命安全的这个话题上,是需要全球认可的硬指标的。

这款救命的疫苗乐观估计将在本月底获得美国药监局批准上市。这场肆虐全球的新冠疫情,终于露出了衰败的迹象。

Tuesday, November 10, 2020

中国自由派为什么选择特朗普

 中国自由主义群体的分裂是美国总统大选的一个副产品。从来没有哪次美国大选像这次一样让中国民众投入如此之多的热情,在被左派和国家主义者蔑称为"恨国党"的自由主义群体中,因对特朗普政治取向的不同,分化为"挺川派"和"恨川党",两派在推特和微信等社交媒体上为选川还是选拜,恶语相向。


中国自由派的分化从上世纪90年代初就开始。根据一些论者的看法,1990年代新左派从自由主义者里分裂出来,2000年代文化保守主义者从自由主义者里分裂出来,2012年后激进派从自由主义者里分裂出来。但这几次分化都没有此次严重和撕裂。在自由派内部,"挺川派"占多数,那些在中国民间和公共舆论中占有较大话语权和影响力的中国公共知识分子,基本都是特朗普的支持者,他们在美国这次总统大选中,利用推特等工具,为特朗普摇旗呐喊,抨击拜登和民主党。相对而言,支持拜登的中国自由主义头面人物要少得多。

这确实和美国形成了一个鲜明的对比。在后者的大学、媒体、各种非政府组织、自由职业者等传统上由自由派和知识分子为主体的行业,几乎是一边倒地反川和挺拜。中国的自由派之所以出现这种"挺川派"主导的现象,原因当然出在中国内部和自由派群里内部。简单地说,由于习近平上台以来中共政治向毛式极权回归,政治和言论空间被大幅压缩,官方对自由派的打压也达到八九六四后前所未有的程度,在自由派内部,不仅分化出激进派和极端派,即使在温和派里,近年来也出现了主张以基督启示救中国的自由保守派。激进派认为,要压制中共的邪恶,推翻习近平政权,只能靠特朗普和特朗普当政下的美国;保守派则认同美国共和党的保守理念,认为中国只有基督化,这个国家和民族才能得救。两者都把改变中国的希望寄托在特朗普身上。

尽管自由主义"挺川派"的一些人士对特朗普本人也素无好感,甚至对美国社会因特朗普加剧撕裂也颇感惋惜,但即使对他们--这部分人在整个"挺川派"处于少数--而言,特朗普美国优先的这套政策和做法是没有问题的,他们尤其赞同和支持特朗普政府和美国鹰派对中国的全面对抗和极限打压,认为总算把自尼克松以来的美国历届政府对中共/中国的绥靖政策改过来了。在他们看来,民主党和美国的建制派,在过去40年同中共勾连,养肥中共,把中共培养成自己的敌人,对中共与自由世界为敌的本质认识不清。拜登作为奥巴马时期的副总统,在遏制中共上无所作为,以他对中国的认知,如果当选总统,美国的对华政策恐又回到过去的勾连老路上。而特朗普,不管他个人的言行多么粗鄙,也不管他曾经如何和习称兄道弟,是他发起了对中共/中国一轮又一轮的超强打击,这是美国历届总统尤其民主党政府做不到的,所以必须无条件支持特朗普,在美国大选的关键时刻,反川者不论出于任何理由,都不对,是在帮助中共。

换言之,自由主义群体的"挺川派"看不到或无视特朗普对美国民主的破坏和美国社会的撕裂,特朗普如何对待美国不重要,他们只关注他如何对付中国和中共,只要能像特朗普这样反共反中,他们都支持,他们之所以反对拜登,是因为他们基于拜登以往的经历和民主党的理念,认为拜登不可能有特朗普这样坚决和激烈的反共反中态度。

自由派中的"挺川派"反共反中到如此地步,正是自由派的"恨川党"担忧的。后者在反共的态度上其实和前者一致,他们也关注和支持特朗普的反共,但更关注特朗普本人的道德品行及内外政策与做法对美国民主灯塔的破坏作用。他们认为,特朗普的反科学、反移民、种族主义,视媒体和政治对手为敌人、对联邦官员强调个人忠诚、对盟友和伙伴也乱打一通等等做法,以及政策上的反复无常和个人道德的瑕疵已对美国民主造成了很大破坏,让美国的国家形象在世界受损,导致美国影响力即使在盟国也有很大下降。如果再让特朗普当政四年,由于没有了连任压力,以他随心所欲的个性和具有的破坏力,不是去努力弥合国内分歧,而是制造和扩大对立,美国社会的撕裂会到何种程度,真的不好预估,搞不好很可能出现"民主内战",美国在全世界会进一步陷入孤立,民主灯塔将会暗淡无光。而这正是全球独裁者乐于看到的结果。如果美国陷入无休无止的党争和内乱,也会损害美国的国家实力,长期看非常不利和中国的竞争,更别提打倒习政权和中共了。所以在"恨川党"看来,美国要真正遏制和打败中共,自身的民主体制要起到榜样作用,用榜样的力量照耀中国人民,让民主灯塔在全世界发光,只有这样才能团结和带领西方民主国家共抗中共,而特朗普在台上,只会继续起到破坏作用。

这里涉及如何评估特朗普政府对中国的新冷战是否起到应有的打击中共/中国的效果。"挺川派"显然认为效果很好,因此要再接再厉,一鼓作气,把中共打趴下。他们反对拜登和民主党,倒不一定是说拜登不会反共,而是对拜登反共的力度和方式没有信心,从而很可能让中共得到喘息之机,最后使反共大业半途而废。"恨川党"则没有"挺川派"这么乐观。对这个问题的看法,很难有一个准确的答案,往往同个人的理念、经验、信息和看问题的角度密切相关,也许既不像"挺川派"认为的只要持续强硬对抗中共,过不了多久它就得倒下,也不像一些人认为的没起到什么作用,真相可能在两者之间。

但不管怎样,现在是拜登胜选,让人遗憾的是,"挺川派"相当一部分人,还在制造和传播各种不靠谱的消息,抹黑、攻击拜登和民主党,这让中国的自由派和海外民运在本次美国大选中差不多沦为一个笑柄。此种情况只会有利中共。自由派这几年在中共的打击下,无论在知识圈还是舆论界影响力急剧下降,现在内部又互怼消耗,多数站队特朗普,指责美国总统选举的公正性。选举民主是西方民主的基石,如果美国这次总统选举在"挺川派"眼中毫无公正可言,拜登窃取总统之职,那么他们苦心要为中国争民主又有什么价值?这不正应了中共的一贯抹黑:美国民主是虚伪的,中国没有必要学西方民主。

所以,中国自由派若不调整自己的心态和思维模式,把基点放在自己的抗争上,而不幻想有一个特朗普式救世主,团结对共,避免内耗,将会在中国社会和民众中进一步被孤立和边缘化,中国的民主不是更快到来而是更为遥远。

Tuesday, October 20, 2020

Opinion: Biden and Trump agree on this one key part of foreign policy

 Amid the dramatic differences between Donald Trump and Joe Biden on foreign policy, there is common ground.

The biggest area of agreement concerns China. Trump has steered the U.S. toward a more confrontational approach with Beijing, a reversal of decades that featured both Republican and Democratic presidents who believed that over time, expanded ties — trade, scientific, education and more — would liberalize the communist giant.

Trump ended this naive charade, and deserves credit for treating China not as we wish it would be, but as it really is. Much of the American foreign policy establishment, including Biden, now holds harder-line views toward Beijing than in the past.

In 2000, Biden argued in the Senate for normalizing trade with China, opening the door for the world’s most populous nation’s entry into the World Trade Organization. A year later he traveled to China as chairman of the Senate Foreign Relations Committee to highlight a commercial link that would allow the country to become a member of the WTO. As Barack Obama’s vice president, he recalled that trip in 2011, saying he “believed then what I believe now: that a rising China is a positive, positive development, not only for China but for America and the world writ large.”

Starting around 2012, the U.S.’s tone with China changed. Biden met with China’s leader, Xi Jinping, several times, and sensed a Cold War brewing. He supported flying warplanes in the South China Sea to remind China of the U.S.’s dominance of shipping ports. His campaign criticized China’s treatment of Uighur Muslims and other ethnic minorities in the Xinjiang region as “genocide.”

During the presidential campaign, Biden ramped things up. Earlier this year, he called Xi a “thug” during a debate. In another, he said China was an “authoritarian dictatorship.”

As the Wall Street Journal noted recently: “Advisers to Mr. Biden say they share the Trump administration’s assessment of China as an authoritarian rival intent on disrupting the American-led global order.”

Trump takes lead on China

U.S. establishment foreign policy has come around to the notion that Trump was right on the principal diagnosis that Beijing is a malignant influence on the world stage. As far back as 2011, Trump was talking tough on China. In a tweet that year, he said that “China is neither an ally or a friend — they want to beat us and own our country.” A year later he said in another tweet that China’s “M.O.” is to “lie, cheat & steal in all international dealings.”

Both Trump and Biden recognize Xi’s “Made in China 2025” policy as an all-out effort to transform China into the world’s leader in key areas such as 5G, artificial intelligence, robotics, aerospace, biomedicine and more. Such economic and technological prowess translates into raw military power.

Trump has attempted to limit China’s power. On Oct. 9, in a move that didn’t get much media attention, his administration placed 28 Chinese organizations on a blacklist for their alleged role in human-rights violations, effectively blocking them from doing business with American firms. The list includes manufacturers of video surveillance, artificial intelligence, voice recognition technology and more. This is on top of higher-profile administration efforts to keep Huawei, the Chinese technology giant, from spreading into Western countries, and the spat over the viral video app TikTok.

Biden has criticized Beijing’s “abusive” trade practices, agreeing with Trump that the Asian nation is breaking trade rules, unfairly subsidizing Chinese companies and stealing U.S. intellectual property. He acknowledges one million manufacturing jobs have been lost to China.

Biden and tariffs

But as president, how would Biden handle China?

Despite agreeing with Trump on the diagnosis — that China is a bully on the world stage — Biden’s proposed remedies may differ. Trump thinks his tariffs are hurting China. The U.S. currently levies 7.5% tariffs on $120 billion in certain Chinese goods, and 25% duties on about $250 billion of other Chinese products. The president has said China bears those costs, not U.S. consumers. Still, J.P. Morgan Chase has estimated that the tariffs are costing the average U.S. household about $1,000 a year. U.S. companies lost at least $1.7 trillion in market value from the tariff war, according to research by economists from the Federal Reserve Bank of New York and Columbia University.

For those reasons and others, Biden has slammed Trump’s tariffs as harmful to American interests, though his campaign has so far hedged on when, or whether, they would be lifted. I suspect the levies could begin to ease at some point in 2021 if he wins.

Biden, according to his platform, says he would “stand up to” China by “working with our allies to negotiate from the strongest possible position.” He would apply carbon tariffs to countries that are “failing to meet their climate and environmental obligations.”

Both Trump and Biden are also correct in saying that some sensitive supply chains that run through China are potential national-security threats. Like Trump, Biden says he wants to ease American dependence on Beijing by luring American manufacturers home with tax credits.

Restoring R&D in technology

One way Biden could outdo Trump is by ramping up research and development in the key technologies mentioned earlier in this column. Both men have talked about the need for closer partnerships between federal agencies and the private sector. But with the exceptions of things such as artificial intelligence and quantum computing, Trump’s budget proposals have consistently sought to cut R&D spending in areas with potential long-term security benefits. That isn’t how the U.S. is going to best the Chinese over the long run.

Trump might not be president much longer if the polls are correct, but he has helped to reorient the American view toward China. We’re in a race now, a new Cold War, with a rival that has so far proven to be more nimble and innovative than our prior Cold War opponent, the Soviet Union, ever was. Regardless of who wins the election, it’s a safe bet that the new, harder line to Beijing will continue. 

Wednesday, October 14, 2020

The Swedish COVID-19 Response Is a Disaster. It Shouldn’t Be a Model for the Rest of the World

 The Swedish COVID-19 experiment of not implementing early and strong measures to safeguard the population has been hotly debated around the world, but at this point we can predict it is almost certain to result in a net failure in terms of death and suffering. As of Oct. 13, Sweden’s per capita death rate is 58.4 per 100,000 people, according to Johns Hopkins University data, 12th highest in the world (not including tiny Andorra and San Marino). But perhaps more striking are the findings of a study published Oct. 12 in the Journal of the American Medical Association, which pointed out that, of the countries the researchers investigated, Sweden and the U.S. essentially make up a category of two: they are the only countries with high overall mortality rates that have failed to rapidly reduce those numbers as the pandemic has progressed.

Yet the architects of the Swedish plan are selling it as a success to the rest of the world. And officials in other countries, including at the top level of the U.S. government, are discussing the strategy as one to emulate—despite the reality that doing so will almost certainly increase the rates of death and misery.

Countries that locked down early and/or used extensive test and tracing—including Denmark, Finland, Norway, South Korea, Japan, Taiwan, Vietnam and New Zealand—saved lives and limited damage to their economies. Countries that locked down late, came out of lock down too early, did not effectively test and quarantine, or only used a partial lockdown—including Brazil, Mexico, Netherlands, Peru, Spain, Sweden, the U.S. and the U.K.—have almost uniformly done worse in rates of infection and death.

Despite this, Sweden’s Public Health Agency director Johan Carlson has claimed that “the Swedish situation remains favorable,” and that the country’s response has been “consistent and sustainable.” The data, however, show that the case rate in Sweden, as elsewhere in Europe, is currently increasing.

Average daily cases rose 173% nationwide from Sept. 2-8 to Sept. 30-Oct. 6 and in Stockholm that number increased 405% for the same period. Though some have argued that rising case numbers can be attributed to increased testing, a recent study of Stockholm’s wastewater published Oct. 5 by the Swedish Royal Institute of Technology (KTH) argues otherwise. An increased concentration of the virus in wastewater, the KTH researchers write, shows a rise of the virus in the population of the greater Stockholm area (where a large proportion of the country’s population live) in a way that is entirely independent of testing. Yet even with this rise in cases, the government is easing the few restrictions it had in place.

From early on, the Swedish government seemed to treat it as a foregone conclusion that many people would die. The country’s Prime Minister Stefan Löfven told the Swedish newspaper Dagens Nyheter on April 3, “We will have to count the dead in thousands. It is just as well that we prepare for it.” In July, as the death count reached 5,500, Löfven said that the “strategy is right, I am completely convinced of that.” In September, Dr. Anders Tegnell, the Public Health Agency epidemiologist in charge of the country’s COVID-19 response reiterated the party line that a growing death count did “not mean that the strategy itself has gone wrong.” There has been a lack of written communication between the Prime Minister and the Pubic Health Authority: when the authors requested all emails and documents between the Prime Minister’s office and the Public Health Authority for the period Jan. 1—Sept. 14, the Prime Minister’s Registrar replied on Sept. 17 that none existed.

Despite the Public Health Agency’s insistence to the contrary, the core of this strategy is widely understood to have been about building natural “herd immunity”—essentially, letting enough members of a population (the herd) get infected, recover, and then develop an immune system response to the virus that it would ultimately stop spreading. Both the agency and Prime Minister Löfven have characterized the approach as “common sense“ trust-based recommendations rather than strict measures, such as lockdowns, which they say are unsustainable over an extended period of time—and that herd immunity was just a desirable side effect. However, internal government communications suggest otherwise.

Emails obtained by one of the authors through Freedom of Information laws (called offentlighetsprincipen, or “Openness Principle,” in Swedish) between national and regional government agencies, including the Swedish Public Health Authority, as well as those obtained by other journalists, suggest that the goal was all along in fact to develop herd immunity. We have also received information through sources who made similar requests or who corresponded directly with government agencies that back up this conclusion. For the sake of transparency, we created a website where we’ve posted some of these documents.

One example showing clearly that government officials had been thinking about herd immunity from early on is a March 15 email sent from a retired doctor to Tegnell, the epidemiologist and architect of the Swedish plan, which he forwarded to his Finnish counterpart, Mika Salminen. In it, the retired doctor recommended allowing healthy people to be infected in controlled settings as a way to fight the epidemic. “One point would be to keep schools open to reach herd immunity faster,” Tegnell noted at the top of the forwarded email.

Salminen responded that the Finnish Health Agency had considered this but decided against it, because “over time, the children are still going to spread the infection to other age groups.” Furthermore, the Finnish model showed that closing schools would reduce “the attack rate of the disease on the elderly” by 10%. Tegnell responded: “10 percent might be worth it?”

The majority of the rest of Sweden’s policymakers seemed to have agreed: the country never closed daycare or schools for children under the age of 16, and school attendance is mandatory under Swedish law, with no option for distance learning or home schooling, even for family members in high risk groups. Policymakers essentially decided to use children and schools as participants in an experiment to see if herd immunity to a deadly disease could be reached. Multiple outbreaks at schools occurred in both the spring and autumn.

At this point, whether herd immunity was the “goal” or a “byproduct” of the Swedish plan is semantics, because it simply hasn’t worked. In April, the Public Health Agency predicted that 40% of the Stockholm population would have the disease and acquire protective antibodies by May. According to the agency’s own antibody studies published Sept. 3 for samples collected up until late June, the actual figure for random testing of antibodies is only 11.4% for Stockholm, 6.3% for Gothenburg and 7.1% across Sweden. As of mid-August, herd immunity was still “nowhere in sight,” according to a Journal of the Royal Society of Medicine study. That shouldn’t have been a surprise. After all, herd immunity to an infectious disease has never been achieved without a vaccine.

Löfven, his government, and the Public Health Agency all say that the high COVID-19 death rate in Sweden can be attributed to the fact that a large portion of these deaths occurred in nursing homes, due to shortcomings in elderly care.

However, the high infection rate across the country was the underlying factor that led to a high number of those becoming infected in care homes. Many sick elderly were not seen by a doctor because the country’s hospitals were implementing a triage system that, according to a study published July 1 in the journal Clinical Infectious Diseases, appeared to have factored in age and predicted prognosis. “This likely reduced [intensive care unit] load at the cost of more high-risk patients”—like elderly people with confirmed infection—dying outside the ICU.” Only 13% of the elderly residents who died with COVID-19 during the spring received hospital care, according to preliminary statistics from the National Board of Health and Welfare released Aug.

In one case which seems representative of how seniors were treated, patient Reza Sedghi was not seen by a doctor the day he died from COVID-19 at a care home in Stockholm. A nurse told Sedghi’s daughter Lili Perspolisi that her father was given a shot of morphine before he passed away, that no oxygen was administered and staff did not call an ambulance. “No one was there and he died alone,” Perspolisi says.

In order to be admitted for hospital care, patients needed to have breathing problems and even then, many were reportedly denied care. Regional healthcare managers in each of Sweden’s 21 regions, who are responsible for care at hospitals as well as implementing Public Health Agency guidelines, have claimed that no patients were denied care during the pandemic. But internal local government documents from April from some of Sweden’s regions—including those covering the biggest cities of Stockholm, Gothenburg and Malmö—also show directives for how some patients including those receiving home care, those living at nursing homes and assisted living facilities, and those with special needs could not receive oxygen or hospitalization in some situations. Dagens Nyheter published an investigation on Oct. 13 showing that patients in Stockholm were denied care as a result of these guidelines. Further, a September investigation by Sveriges Radio, Sweden’s national public broadcaster, found that more than 100 people reported to the Swedish Health and Care Inspectorate that their relatives with COVID-19 either did not receive oxygen or nutrient drops or that they were not allowed to come to hospital.

These issues do not only affect the elderly or those who had COVID-19. The National Board of Health and Welfare’s guidelines for intensive care in extraordinary circumstances throughout Sweden state that priority should be given to patients based on biological, not chronological, age. Sörmlands Media, in an investigation published May 13, cited a number of sources saying that, in many parts of the country, the health care system was already operating in a way such that people were being denied the type of inpatient care they would have received in normal times. Regional health agencies were using a Clinical Frailty Scale, an assessment tool designed to predict the need for care in a nursing home or hospital, and the life expectancy of older people by estimating their fragility, to determine whether someone should receive hospital care and was applied to decisions regarding all sorts of treatment, not only for COVID-19. These guidelines led to many people with health care needs unrelated to COVID-19 not getting the care they need, with some even dying as a result—collateral damage of Sweden’s COVID-19 strategy.

Dr. Michael Broomé, the chief physician at Stockholm’s Karolinska Hospital’s Intensive Care Unit, says his department’s patient load tripled during the spring. His staff, he says, “have often felt powerless and inadequate. We have lost several young, previously healthy, patients with particularly serious disease courses. We have also repeatedly been forced to say no to patients we would normally have accepted due to a lack of experienced staff, suitable facilities and equipment.”

In June, Dagens Nyheter reported a story of one case showing how disastrous such a scenario can be. Yanina Lucero had been ill for several weeks in March with severe breathing problems, fever and diarrhea, yet COVID-19 tests were not available at the time except for those returning from high risk areas who displayed symptoms, those admitted to the hospital, and those working in health care. Yanina was only 39 years old and had no underlying illnesses. Her husband Cristian brought her to an unnamed hospital in Stockholm, but were told it was full and sent home, where Lucero’s health deteriorated. After several days when she could barely walk, an ambulance arrived and Lucero was taken to Huddinge hospital, where she was sedated and put on a ventilator. She died on April 15 without receiving a COVID-19 test in hospital.

Sweden did try some things to protect citizens from the pandemic. On March 12 the government restricted public gatherings to 500 people and the next day the Public Health Agency issued a press release telling people with possible COVID-19 symptoms to stay home. On March 17, the Public Health Agency asked employers in the Stockholm area to let employees work from home if they could. The government further limited public gatherings to 50 people on March 29. Yet there were no recommendations on private events and the 50-person limit doesn’t apply to schools, libraries, corporate events, swimming pools, shopping malls or many other situations. Starting April 1, the government restricted visits to retirement homes (which reopened to visitors on Oct. 1 without masks recommended for visitors or staff). But all these recommendations came later than in the other Nordic countries. In the interim, institutions were forced to make their own decisions; some high schools and universities changed to on-line teaching and restaurants and bars went to table seating with distance, and some companies instituted rules about wearing masks on site and encouraging employees to work from home.

Meanwhile Sweden built neither the testing nor the contact-tracing capacity that other wealthy European countries did. Until the end of May (and again in August), Sweden tested 20% the number of people per capita compared with Denmark, and less than both Norway and Finland; Sweden has often had among the lowest test rates in Europe. Even with increased testing in the fall, Sweden still only tests only about one-fourth that of Denmark.

Sweden never quarantined those arriving from high-risk areas abroad nor did it close most businesses, including restaurants and bars. Family members of those who test positive for COVID-19 must attend school in person, unlike in many other countries where if one person in a household tests positive the entire family quarantines, usually for 14 days. Employees must also report to work as usual unless they also have symptoms of COVID-19, an agreement with their employer for a leave of absence or a doctor recommends that they isolate at home.

On Oct. 1, the Public Health Authority issued non-binding “rules of conduct” that open the possibility for doctors to be able to recommend that certain individuals stay home for seven days if a household member tests positive for COVID-19. But there are major holes in these rules: they do not apply to children (of all ages, from birth to age 16, the year one starts high school), people in the household who previously have a positive PCR or antibody test or, people with socially important professions, such as health care staff (under certain circumstances).

There is also no date for when the rule would go into effect. “It may not happen right away, Stockholm will start quickly but some regions may need more time to get it all in place,” Tegnell said at a Oct. 1 press conference. Meanwhile, according to current Public Health Agency guidelines issued May 15 and still in place, those who test positive for COVID-19 are expected to attend work and school with mild symptoms so long as they are seven days post-onset of symptoms and fever free for 48 hours.

Sweden actually recommends against masks everywhere except in places where health care workers are treating COVID-19 patients (some regions expand that to health care workers treating suspected patients as well). Autumn corona outbreaks in DalarnaJönköpingLuleåMalmö, Stockholm and Uppsala hospitals are affecting both hospital staff and patients. In an email on April 5, Tegnell wrote to Mike Catchpole, the chief scientist at the European Center for Disease Control and Prevention (ECDC): “We are quite worried about the statement ECDC has been preparing about masks.” Tegnell attached a document in which he expresses concern that ECDC recommending facemasks would “imply that the spread is airborne which would seriously harm further communication and trust among the population and health care workers” and concludes “we would like to warn against the publication of this advice.” Despite this, on April 8 ECDC recommended masks and on June 8 the World Health Organization updated its stance to recommend masks.

Sweden’s government officials stuck to their party line. Karin Tegmark Wisell of the Public Health Agency said at a press conference on July 14 that “we see around the world that masks are used in a way so that you rather increase the spread of infection.” Two weeks later, Lena Hallengren, the Minister of Health and Social Affairs, spoke about masks at a press conference on July 29 and said, “We don’t have that tradition or culture” and that the government “would not review the Public Health Agency’s decision not to recommend masks.”

All of this creates a situation which leaves teachers, bus drivers, medical workers and care home staff more exposed, without face masks at a time when the rest of the world is clearly endorsing widespread mask wearing.

On Aug. 13, Tegnell said that to recommend masks to the public “quite a lot of resources are required. There is quite a lot of money that would be spent if you are going to have masks.” Indeed, emails between Tegnell and colleagues at the Public Health Agency and Andreas Johansson of the Ministry of Health and Social Affairs show that the policy concerns of the health authority were influenced by financial interests, including the commercial concerns of Sweden’s airports.

Swedavia, the owner of the country’s largest airport, Stockholm Arlanda, told employees during the spring and early summer they could not wear masks or gloves to work. One employee told Upsala Nya Tidning newspaper on Aug. 24 “Many of us were sick during the beginning of the pandemic and two colleagues have died due to the virus. I would estimate that 60%-80% of the staff at the security checks have had the infection.”

“Our union representatives fought for us to have masks at work,” the employee said, “but the airport’s response was that we were an authority that would not spread fear, but we would show that the virus was not so dangerous.” Swedavia’s reply was that they had introduced the infection control measures recommended by the authorities. On July 1, the company changed its policy, recommending masks for everyone who comes to Arlanda—that, according to a Swedavia spokesperson, was not as a result of “an infection control measure advocated by Swedish authorities,” but rather, due to a joint European Union Aviation Safety Agency and ECDC recommendation for all of Europe.

As early as January, the Public Health Agency was warning the government about costs. In a Jan. 31 communique, Public Health Agency Director Johan Carlsson (appointed by Löfven) and General Counsel Bitte Bråstad wrote to the Ministry of Health and Social Affairs, cautioning the government about costs associated with classifying COVID-19 as a socially dangerous disease: “After a decision on quarantine, costs for it [include] compensation which according to the Act, must be paid to those who, due to the quarantine decision, must refrain from gainful employment. The uncertainty factors are many even when calculating these costs. Society can also suffer a loss of production due to being quarantined [and] prevented from performing gainful employment which they would otherwise have performed.” Sweden never implemented quarantine in society, not even for those returning from travel abroad or family members of those who test positive for COVID-19.

Not only did these lack of measures likely result in more infections and deaths, but it didn’t even help the economy: Sweden has fared worse economically than other Nordic countries throughout the pandemic.

The Swedish way has yielded little but death and misery. And, this situation has not been honestly portrayed to the Swedish people or to the rest of the world.

A Public Health Agency report published July 7 included data for teachers in primary schools working on-site as well as for secondary school teachers who switched to distance instruction online. In the report, they combined the two data sources and compared the result to the general population, stating that teachers were not at greater risk and implying that schools were safe. But in fact, the infection rate of those teaching in classrooms was 60% higher than those teaching online—completely undermining the conclusion of the report.

The report also compares Sweden to Finland for March through the end of May and wrongly concludes that the ”closing of schools had no measurable effect on the number of cases of COVID-19 among children.” As testing among children in Sweden was almost non-existent at that time compared to Finland, these data were misrepresented; a better way to look at it would be to consider the fact that Sweden had seven times as many children per capita treated in the ICU during that time period.

When pressed about discrepancies in the report, Public Health Agency epidemiologist Jerker Jonsson replied on Aug. 21 via email: “The title is a bit misleading. It is not a direct comparison of the situation in Finland to the situation in Sweden. This is just a report and not a peer-reviewed scientific study. This was just a quick situation report and nothing more.” However the Public Health Agency and Minister of Education continue to reference this report as justification to keep schools open, and other countries cite it as an example.

This is not the only case where Swedish officials have misrepresented data in an effort to make the situation seem more under control than it really is. In April, a group of 22 scientists and physicians criticized Sweden’s government for the 105 deaths per day the country was seeing at the time, and Tegnell and the Public Health Agency responded by saying the true number was just 60 deaths per dayRevised government figures now show Tegnell was incorrect and the critics were right. The Public Health Agency says the discrepancy was due to a backlog in accounting for deaths, but they have backlogged deaths throughout the pandemic, making it difficult to track and gauge the actual death toll in real time.

Sweden never went into an official lockdown but an estimated 1.5 million have self-isolated, largely the elderly and those in risk groups. This was probably the largest factor in slowing the spread of the virus in the country in the summer. However, recent data suggest that cases are yet again spiking in the country, and there’s no indication that government policies will adapt.

Health care workersscientists and private citizens have all voiced concerns about the Swedish approach. But Sweden is a small country, proud of its humanitarian image—so much so that we cannot seem to understand when we have violated it. There is simply no way to justify the magnitude of lost lives, poorer health and putting risk groups into long-term isolation, especially not in an effort to reach an unachievable herd immunity. Countries need to take care before adopting the “Swedish way.” It could have tragic consequences for this pandemic or the next.

特朗普将如何输掉与中国的贸易战

 编者:本文是 保罗·克鲁格曼于2024年11月15日发表于《纽约时报》的一篇评论文章。特朗普的重新当选有全球化退潮的背景,也有美国民主党没能及时推出有力候选人的因素。相较于民主党的执政,特朗普更加具有个人化的特点,也给时局曾经了更多的不确定性。 好消息:我认为特朗普不会引发全球...