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International Law

Liability of China for Covid19 Outbreak, State Responsibility, and Jurisdictional Challenges

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As the saying goes “History repeats itself”, it is claimed that China knowingly as well as deliberately, failed to adhere to international health regulation in preventing novel Coronavirus (nConvid19). Therefore, China should be held responsible for thenConvid19 outbreak.IN 2002, SARS spread from Guangdong province of China. The SARS epidemic affected 28 nation-states by the year 2003. The total human casualty was 774 from the disease at that time. The world realized this human loss could have been avoided, had China not suppressed the happenings and vital public health information for several weeks. This ill-fated event led the World Health Organisation (WHO) to bring in the new International Health Regulation (IHR), adopted in 2005. World wide a total 1,310, 205 people have been affected so far and 72,578 have died from nConvid19 as the numbers of affected and death toll are rising exponentially. The doctors, health workers, sanitisation workers, police personnel, have been running against the time to save thousands of lives. Many scholars claimed that China’s conduct relating to nConvid19 outbreak violated IHR. And China should be held responsible for the wrongful or malafide acts before an international tribunal. This article will examine the possibility of holding China accountable for its deliberate inactions which could arguably violate the rules of IHR; can China be held responsible under general international law vis-à-vis under the rules of State responsibility; examining the possibility of taking China to an international tribunal for paying damages to countries which suffered an enormous loss in terms of human lives and economic slowdown.

Jurisdictional Challenges in International Adjudication  

Generally, international dispute adjudication is a consent-based system. This is the leading challenge international dispute adjudication confronts with. The parties must agree that the dispute between them shall be submitted and adjudicated by an international tribunal. The consent maybe given in the treaty itself which is alleged to be violated or by concluding a compromise (a special agreement between disputants by which a dispute is submitted to international adjudication).

Article 75 of the WHO Constitution refers to the International Court of Justice (ICJ) for the settlement of disputes. It provides that any question or dispute relating to interpretation and application of the Constitution shall be referred to ICJ if the same is not settled by negotiation or by Health Assembly. But the disputant parties are free to choose any mode of dispute settlement instead triggering ICJ jurisdiction. In the Armed Activities (Case Concerning Armed Activities on the Territory of the Congo 2002) case, the ICJ observed that Article 75 of the WHO Constitution recognises the Court’s jurisdiction (Para 99 of the Jurisdiction and Admissibility of the Application). The Court held that it is empowered to deal with any question or dispute relating to interpretation and application of the instrument. Thus, any dispute concerning interpretation and application of the WHO Constitution can be settled by the ICJ adhering the due procedure laid down in Article 75. Recently, the ICJ in a case (Ukraine v, Russian Federation 2019) interpreted Article 22 of CERD (Convention on the Elimination of All Forms of Racial Discrimination 1969) that it gives alternative preconditions to the Court’s jurisdiction. Fulfilling either of them would trigger Court jurisdiction. If we interpret Article 75 of the WHO Constitution as ICJ resorted to in the case between Ukraine and Russia, the State(s) only has to satisfy negotiation condition. It does not need to satisfy World Health Assembly.

WHO Constitution contains the framework establishing the organisation, it includes the object and purpose, membership institutional structure and functions. Since it lacks substantive obligations concerning rules and regulations on public health. Thus, it is very much challenging how a State could frame complaint against China. In order to make a case a State needs to pose the violations rules of IHR as the question or dispute relating to interpretation and application of the WHO Constitution.

Violation of Rules of International Health Regulation and Possible Claims under WHO Constitution

IHR shall be universally applied in the global interest for the protection of the human race from the international spread of the disease. It is one of the principles incorporated under article 3 of IHR. WHO shall be guided by the principle of universal application of IHR along with adhering to other principles such as human dignity, fundamental freedom, human rights, and UN Charter.

A State is obliged under article 5of IHR to develop, strengthen, and maintain public health infrastructure which will help in detecting, monitoring, reporting, and notifying the events of the global health crises. Article 6 talks about the public health emergency of international concern (PHEIC). In the event of PHEIC, the State shall have to communicate through National IHR Focal Point, most efficiently, all the public health-related information and events taking place within its territory to the WHO within 24 hours of the assessment. The State(s) will keep WHO informed with accurate and detailed public health information, inter alia source and type of the risk, number of cases and deaths, measures taken to prevent spreading disease etc. Article 7 covers explicitly the unexpected or unusual incidents related to public health irrespective of origin or source. It imposes an obligation upon States to share public health information with WHO even the origin or the source of the disease is unknown to the State itself.

The theory of hatching nConvi19 in the laboratory of the city of Wuhan has been refuted by a group of researchers. Kristian Andersen, PhD, one of the authors of the paper, “The proximal origin of SARS-CoV-2, said “by comparing the available genome sequence data for known coronavirus strains, we can firmly determine that SARS-CoV-2 originated through the natural process.

A novel influenza-like illness was found in the body of workers and customers of the Wuhan city’s Huanan Seafood Wholesale Market in the mid-December 2019. On 30th December Li Wenliang, an ophthalmologist, at the Wuhan Central Hospital, revealed the information online. Although Wuhan public health authorities solicited information about the spreading of “pneumonia or unclear cause”, it suppressed Li Wenliang’s alarm on the nConvid19. Many medical professionals and journalists who tried to disclose information about nConvid19 were silenced and detained by the Chinese authorities. On December 31st, the Wuhan Municipal Health Commission wrongly claimed that there is no human to human transmission of nConvid19.

Furthermore, the Commission described it as seasonal flu which is preventable and controllable. Till 14th February, China waited to disclose that around 1700 healthcare workers have been found positive of nConvid19. It is more than apparent that Chinese government evidently suppressed and withheld the important public health information for almost two months. This may conclude that China intentionally as well as deliberately failed to communicate information with WHO in the event of PHEIC.

According to article 37 of the WHO Constitution, the Director-General of the WHO and the stuff shall be independent and impartial while exercising powers and functions. In order to remain independent and impartial, they shall not seek or receive instructions from any government or from any external authority. On the other hand Member States have been obliged to respect the international character of the Director-General including staff and not to influence them. An affected State could make a potential claim that China deliberately tried to influence the Director-General of the WHO and the stuff by allegedly withholding information, providing inaccurate or false information, and by not providing information in the crucial time.

Now, the difficulty ascends as to how do we link the violations of IHR with the violation of the WHO Constitution? The State could well invoke articles 21 and 22 of the WHO Constitution. Article 21 gives WHO authority to adopt regulations concerning sanitary and quarantine requirements, prescribing standards in respect to diagnostic procedures, nomenclatures with respect to disease, causes of death and public health practices etc. Article 22 talks about the procedure of coming into effect the regulations adopted by Health Assembly, rejection or reservation of the Member State to the regulation under article 21. Thus, it could appear that the dispute is one of the interpretation and application of the WHO Constitution since China’s alleged violations of rules of IHR indirectly violated articles 21 and 22 of the WHO Constitution.  Some may argue that articles 21 and 22 are not substantive rules in nature but only procedural. They are only concerned with the Health Assembly’s authority to adopt and the procedure of coming into force of IHR. Thus, there is no substantive obligations imposed upon the Member States by these two articles.

Draft Articles on State Responsibility and Accountability of China

Analysing factual circumstances, prima facie it appears that conducts of China are wrongful and violated international law. If so, then what kind of remedies are available to the States? The Draft Articles on State Responsibility of States for Internationally Wrongful Acts 2001 (Draft Articles) was adopted by the ILC at its 53rd session in 2001 and submitted to the UN General Assembly. Although the Draft Articles is not legally binding on the States, the document is authoritative and has persuasive value. The ICJ often takes recourse to the Draft Articles in interpreting international law and solving disputes between States. The reason for the high persuasive value of the Draft Articles, mainly because most of the provisions have attained the status of Customary International Law (CIL).  Draft Articles under article 1 says every internationally wrongful act of a State entails international responsibility of that State. Under Article 2, the wrongful acts are those actions or omissions which constitute breach international obligation and can be attributable to the State under international law. The conduct is attributable when a State organ commits it through the legislature, executive, and judiciary or any other functions irrespective of position it holds in the organisation of the State or character of as an organ in the central government or in a territorial unit of the State. Responsibility emanates from the local Wuhan authorities to the Chinese central government which are all the State organs whose alleged wrongful conducts could be attributable to China. Organs include any person having status in accordance with the internal law of the State. China’s alleged willful and intentional failure to share information expeditiously with WHO in the event of PHEIC in accordance with IHR constitutes breach of international obligations under article 12 of the Draft Articles. Even China is responsible for article 14 for the continuing breach of obligation. A combined reading of both articles reveals that a State is in breach of international obligation when its act or a continuing act is not in conformity with the obligation imposed on it. Legal consequences follow the international responsibility of a State. A study at the University of Southampton revealed that timely intervention one, two, or three weeks earlier in the crisis could have reduced the cases by 66%, 86%, and 95% respectively. Thus, had China intervened responsibly and timely, the number of people affected could have been reduced. The State is under obligation to make full reparation for both material and moral injury caused by its wrongful acts under article 31. The ICJ in the Corfu Chanel case (1949) held that no State might knowingly allow its territory to be used for acts contrary to the rights of the other States. Simply speaking, China is under obligation that individuals within its territory do not cause harm to the rights of the other States. The reparation shall be in the form of restitution, compensation, satisfaction, and even in the form of assurance of non-repetition of the wrongful act. Restitution as a form of reparation means, the State is responsible to re-establish the situation which existed prior to the commission of the wrongful act. If restitution is not possible or not a suitable form of reparation in a particular case, the injured State shall be entitled to compensation which will cover financially assessable damage. If both types of reparation fail to make good, the wrongful State shall make good in the form of satisfaction which may consist of an acknowledgement of breach, an expression of regret, or a formal apology.

Conclusion

Taking a State to the ICJ or any other international tribunal is a herculean task before an aggrieved State since as pointed out above that the international adjudication is consent-based. It is highly unlikely that China would submit the dispute before an international forum. The challenge is more painstaking when the perpetrator State is powerful and influential militarily and diplomatically. One must not forget that China holds permanent membership of the UN Security Council, which enables China to invoke veto power to block events once its interest is at stake. This is what P5 members of the UN Security Council often does (did) as revealed by history of UN. Even if China agrees or the ICJ finds jurisdiction over the dispute and finds China responsible for nCovid19 outbreak, the contest still be there in implementation of the judgment. The decisions rendered by the ICJ shall be obeyed willingly by the disputant parties. The UN Security Council as a custodian of world peace plays a vital role in the implementation procedure of the ICJ decisions. Article 94 provides that in case of failure or non fulfilment of the obligation under the judgment, any party may recourse to UN Security Council and the Council will take necessary steps inter alia recommendations, or measures to be taken by the disputant to enforce the judgment. Thus, as a P5 member, China has the power to block any action that the UN Security Council might take to give effect to the ICJ judgment. Another less vigorous way to hold China responsible is resorting to advisory jurisdiction of the ICJ. Invoking the advisory jurisdiction of the ICJ does not need consent from the disputant parties. Under Article 96 of the UN Charter UN General Assembly, UN Security Council, other organs of the UN and specialised agencies that maybe authorised by the UN General Assembly may seek advisory opinions of the ICJ on any legal question or any legal question arising within the scope of their activities (for other UN organs and specialized agencies). The problem with the advisory opinion of the ICJ is, it lacks binding authority. Thus it leaves the enforcement of the decision on the disputant States and the UN General Assembly good faith and civilized behaviour.

Swargodeep Sarkar studied Law at the University of Calcutta & holds a Master in international law & organisations from Tamil Nadu Dr. Ambedkar Law University, Chennai, India. Currently, he is a PhD candidate in international law at the Indian Institution of Technology, Kharagpur. His research area includes.public international law, international investment law, peaceful settlement of international dispute.

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International Law

Support the UN’s leadership position and multilateralism

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Despite its inability to fully satisfy people’s expectations on some issues, the United Nations and its agencies, as well as other multilateral organizations, have made significant efforts to promote peace and development across the globe during the past 70 years. However, the UN is confronted with enormous problems in a fast-changing globe and a complicated international environment.

First, some countries have attempted to undermine the basic norms governing international relations by forming cliques, practicing pseudo-multilateralism, provoking ideological confrontation, and attempting to suppress other countries through sanctions, all while ignoring the UN Charter’s purposes and principles.

They have used a double standard at UN meetings and debates in order to impose their own values and rules on other countries while claiming that they are universal values and rules. They have frequently sought the moral high ground and lectured, criticized, or attacked other countries, as well as openly interfering in their internal affairs. They regard the United Nations as a private club that exists to serve their national interests, and they utilize it when it suits them and ignore it when it does not. These heinous crimes have severely harmed UN member states’ mutual trust and collaboration, as well as the global body’s power and ability to control the globe.

Second, the COVID-19 pandemic continues to represent a major threat to people’s lives, health, and economic activity worldwide. More than 240 million individuals have been infected and 4.89 million people have died as a result of the new coronavirus.

COVAX was created by the World Health Organization, a specialized UN agency, to ensure equitable distribution of COVID-19 vaccines around the world. However, the global “vaccination gap” remains large, vaccine distribution is inequitable, and vaccine shortages in many developing and least-developed countries remain unaddressed. In addition, the virus’s constant evolution has posed significant obstacles for governments’ preventive and control efforts. Sadly, some governments have attempted to delegate their obligations to others, jeopardizing the global fight against the epidemic.

Third, the epidemic has wreaked havoc on the global economy, particularly in underdeveloped countries, resulting in increased unemployment, lower earnings, and poverty. Furthermore, the pandemic’s effects, as well as human factors, have rendered global industrial and supply systems vulnerable and unstable.

Part countries have created large amounts of currency notes in attempt to address their economic challenges, hence passing some of their economic issues to other countries. Some nations have urgently sought to divorce their scientific and technology sectors from those of other countries, obstructing global science and technology progress. As a result, many nations may be unable to reach the goals set forth in the United Nations’ 2030 Agenda for Sustainable Development, which is aimed at solving development issues.

Fourth, as a result of climate change, extreme weather events have grown more common and devastating. Extreme weather events may become more common and cause greater damage if global temperatures continue to rise as a result of increased greenhouse gas emissions. And if countries do not cut their use of fossil fuels quickly enough to keep global warming below 1.5 or 2 degrees Celsius, the world may suffer catastrophic repercussions.

Finally, the UN’s role has diminished as a result of the aforementioned issues, as well as overstaffing, low efficiency, sluggish action, and poor execution. Humankind is confronted with a plethora of new difficulties in today’s fast-changing world, and it is becoming increasingly difficult for the UN to adapt and/or handle these issues.

It’s no wonder, therefore, that UN Secretary-General Antonio Guterres stated during the UN General Assembly’s 76th Session that mankind will be in grave danger if “effective multilateralism” is not practiced, and that the world needs a “UN 2.0” to recreate the ideals on which it was built. In order to face these difficulties, the international community must sustain a UN-centered world order based on international law and norms that regulate international relations.

All countries should respect and treat one another as equals, and those states who prioritize their own interests over global ones and impose penalties on other countries should be opposed. In addition, the international community should work together to minimize inter-country disputes, ensuring that all nations select the political system and development path that best suits their national circumstances, and appreciate diversity.

Moreover, all UN member states should uphold their commitments under the UN Charter and assist the UN in its efforts to solve emerging global concerns. For the interest of all member states, the UN should increase its capacity building, deepen reform, enhance efficiency, and protect justice.

In order to prevent the pandemic, the international community must take steps to reduce the danger of cross-border infections and guarantee that vaccinations are distributed fairly across the world so that developing and least-developed countries can vaccinate their people.

Furthermore, all countries should refrain from using economic and financial policies and tools to benefit themselves at the expense of others, maintain the stability of global industrial and supply chains, eliminate all forms of protectionism, and promote regional trade and investment liberalization to help the world economy recover.

They should also set concrete goals for peaking carbon emissions and attaining carbon neutrality in accordance with the principle of shared but differentiated responsibilities, as well as pursue a green and low-carbon development path, to combat climate change.

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International Law

Debunking the Sovereignty: From Foucault to Agamben

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“Citing the end of Volume I of The History of Sexuality, Agamben notes that for Foucault, the “threshold of modernity” is reached when politics becomes bio-politics—when power exercises control not simply over the bodies of living beings, but, in fact, regulates, monitors, and manufactures the life and life processes of those living beings.” For Agamben, the term politics in the western context is effectively a politics of Sovereignty and consequently, for Agamben, Sovereignty itself is inherently bio-political.

In the latter context, the term bio-politics is not modern rather it is ancient. Here, Agamben comes in disagreement with Hannah Arendt and Michel Foucault. Perhaps, this is why, Agamben dedicated his widely cited work “Homo Sacer” to reconcile the bio-political theory of Hannah Arendt and Michel Foucault to grasp the decisive moment of the Modernity. In order to reconcile the bio-political theory of Hannah Arendt and Michel Foucault, Agamben uses the concept of “Bare Life” or “Sacred Life“.

According to Agamben, Michel Foucault has overlooked the writings of Hannah Arendt, and hence, the gap should be filled. To illustrates his understanding of the modern bio-politics, Agamben imagines the “the concentration camp and the structure of the great totalitarian state of the twentieth century. For Agamben, in the modern times every political space has become a camp that is why he has used the term concentration camp instead of the city state.

Hence, for Agamben, the camp is a place where law is nothing and the existence of beings is reduced to a bare life. Moreover, a camp is place where the sovereign decision acts without any consequence and thus the existence of every man is reduced to a bare life. Thus in his famous work, Agamben aspires the return of the sovereign by rejecting the Foucaultian Methodology. Although both Foucault and Agamben are against the concept of totalitarianism but the only divergence exists in their methodology. But according to several scholars, on one side Agamben is against the concept of totalitarianism but on the other hand he attempts to resurrect it by nullifying his initial argument.

In the latter context, there is a huge difference between Agamben and Foucault when it comes to the question of bio-politics, law, sovereignty, life and law. Hence, the divergence can be understood from the context of ontology, epistemology, metaphysics, politics, methodology and normativity. For instance, unlike Foucault, in his famous work “Homo Sacer” Agamben defines the concept of sovereignty from the Schmittian Standpoint, that is a sovereign means;” he who decides on the exception”. This is why, various experts deemed Agamben as the radical, who is trying to resurrect politics as opposed to Sovereignty.

On the contrary, just like Foucault, Agamben consider the concept of the bare life as the nucleus of the sovereign power. However, on the other hand, Agamben embraces the argument of Carl Schmitt that the concept of “Exception” lies at the heart of the Sovereign Power or Sovereignty.

Hence, when it comes to the Sovereignty and Bare life, it is the inclusion of zoe within the bios only by the means of Zoe’s exclusion. Here Zoe means (Bare Life) while Bios means (Political Life). Moreover, in Agamben’s definition of ‘Sovereignty’ does surrounds institutions rather it defines the abstract and exceptional relationship between the Zoe and Bios. Hence, basically, it is through this particular exceptional and abstract relationship, Agamben attempts to define the context and prevailing dynamics of the Western Politics. In contrast, Agamben defines the context of Sovereignty within the standpoint of the exception, perhaps, here the “exception” resembles the return of “The Sacred” in the Roman law. No doubt, it is a clear fact that “the sacred” in the Roman law serves as a kind of bridge between Aristotle and Modernity.

In the latter Context, it can be said that for Agameben the term sovereignty is not just a social or political phenomenon rather a trans-historical Phenomenon. On the contrary, for Michel Foucault, the term sovereignty is a recent phenomenon, whose origin can be traced to the power of the feudal monarchy during the middle Ages. Nonetheless, the fact should be kept in mind that whether it was in the ancient times or modern day, Sovereignty has played a key role in underlying the Social Contract. 

According to the Foucaultian definition, the theory of Sovereignty relies on the subject, whose sole power is to establish the unity of power. More precisely, in the Foucaultian context, the theory of the Sovereignty assumes three ancient elements: First, a subject who must be subjectified, the unity of power must be established, and the legitimacy, that must be respected by all (Subject, unitary power, and the law).

Basically, the latter three elements clearly explains the dynamics of the feudal power during the Middle Ages. Moreover, from the Foucaultian standpoint the concept of discipline and bio-power are essential concepts surrounding term “Sovereignty”.

Another difference between Foucault and Agamben was that Agamben equates the concept of Sovereignty with the state, whereas, Agamben laments the erosion of the modern day State-Sovereignty equivalence. Nonetheless, the fact cannot be denied that Foucault failed to use the historical Schema in order to understand the meaning of sovereignty first from the standpoint of discipline up to the level of the security and the bio-power. For Foucault, discipline within the context of sovereignty only exists in the ancient world, however, in the modern times, it has been replaced by the concept of bio-power and the security. Hence, for Foucault, in the ancient times, the Penopticon can be seen as a great dream of the Sovereignty.

On the other hand, the fact cannot be denied that in the modern times, the concept of sovereignty has entered into the innate symbiosis with various professions ranges from jurists, doctors, scientists, scholars and even priests. It was the famous German Jurist Carl Schmitt, who first grasped the definition of sovereign exception, which is nothing less than the limit concept of the doctrine of the state and the law. Hence, the fact cannot be denied that here the concept of state and sovereignty resembles each other.

Hence, if we put the Agamben’s and Foucaultian definition of sovereignty into context then it becomes clear that the concept of sovereignty in Agamben’s perspective is not united rather it is more historical and continuous. More precisely, in Agamben’s perspective the concept of sovereignty is historical, which can be stretched from the time of Aristotle to the Modern day.

Similarly, for Agamben, the subject of the sovereign power, which is the result of the division of Zoe/bios, have been polluted or corrupted over the course of the centuries. Moreover, during this particular course, the domain of the Zoe was extended to a significant level, whereas, the domain of the bios was diminished by unfolding its actual perspective. As a matter of fact, throughout his writings, Agamben subscribes to the juridico-discursive concept of power, which for Foucault was insufficient for understanding the very concept of the modern bio-politics. In contrast to the above, the fact cannot be denied that through his major contributions, Michel Foucault attempted to project the “entire western reflection on Power“.

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International Law

The End of the West in Self-annihilation (Intentionality, Directionality and Outcome)

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A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.-Definition of Health, Preamble of the World Health Organisation (WHO) Constitution, 1948

For months, many argue that our Covid (C-19) response is a planetary fiasco, whose size is yet to surface with its mounting disproportionate and enduring secondary effects, causing tremendous socio-economic, demographic and cross-generational, political and psychosomatic contractions and convulsions. However, worse than our response is our silence about it.

It is an established fact that the quintessence of Nazism was not Hitler and the circle of darkness around him. It was rather a commonly shared ‘banality of crime’ atmosphere: Benevolent acceptance of ordinary village people living next to Auschwitz, Mauthausen, Dachau that the nation must be ‘purified’ …

The day when questioning stops and silent acceptance (especially among the well informed, well mobilised and educated ones) becomes a ‘new normal’ is a day when fascism walks in a big time. Of course, today we have a diagnosis for it: manufacturing consent through choice architecture. It is done via fear-imprisoned and media infantilised (returned to the pre-Oedipal phase) psychology of the de-socialised and alienated, an atomised one.

Hostage crisis: Appinion disguised as opinion – Who is really in charge?

There is no political or economic crisis. There is neither energy crisis, nor health, nor environmental crisis. Every crisis is just a deficit of cognitive mind that comes to the same; a moral crisis.

Ecological Globalistan, Political Terroristan, the author

Did we really forget basic teaching of our history: Every time when the power was unchecked, it degenerated into the obscure brutality; ritualising its force with a stamp on or under our skin to visualise and immortalise the twilight of reason?

So, our C-19 response and its widespread synchronicity (of measures and its timing) illustrates – the argument goes – nothing else but a social pathology of hostage crisis: the non-transparent concentration of power, and our overall democracy recession – further bolstering the management of apathy via surveillance and social control systems. All that as lasting consequences of cutbacks, environmental holocaust, deintellectualisation, liberticide, privatisation (or PPP-ization) of key intergovernmental and vital national institutions, ill-aimed globalisation as well as of the fixation on overly allopathic, mandated (not a repurposed, but usually novel expensive and inadequately tested) drugs-centred healthcare, and lack of public data commons. Public health or private wealth? Pandemic or plundermic …   

Urban communities of developed countries are especially hit hard. Within these groups, the vulnerable categories like pre- and early- school children, and elderly suffer the most. People there wonder if they are (aggressively) coerced to participate in something they fear from the beginning is a lie. No wonder that the trust in and support to governmental and intergovernmental institutions is rapidly deteriorating.

Ever larger number of citizens do not see the mainstream media (or pop culture celebrities) at service for the population, but as a cartel that follows a special interest. Dialogue and opinion is discouraged and silenced, if not, even sanctioned. Our western, ‘modern’ medicine still falls short of consensus on a fundamental question: Is illness contracted (from outside) or created (conditions within our body). Hence, the faith in western medicine is in a free fall. Compromised generational contract and thinning social consensus are challenging our fabrics like never before in recorded history.

The first real stress-test since the end of the WWII, the United Nations (UN) clearly did not pass. Many feel deeply disappointed with and disfranchised by the universal organisation and its global Agencies for their steady self-marginalisation (and reduction onto self-seeking entities).[1] Is our cohesion irreversibly destroyed?

Early lockdowns, mid-March 2020, were justified by a need to flatten the curve of the ‘sudden’ virus (harmfulness, mortality and transmissibility) impact, since there were not enough hospital beds. In the meantime, the lockdowns were extended and widened, curves not arguably altered. Still, for the past 12 months, there is hardly any new hospital built in the EU although the non-essential medical services, at most cases, were suspended.[2] Neither there was nor is any massive investment into general health prevention. The only visible infrastructure growth is in 5/6G network expansion. 

Following a simple ratio that the one’s state of health is genetic expression of life-style choices made, it is no surprise that there are also growing speculations if the lockdown – as the most notorious expression of monofocal perspective and rejection to any scientifically contested, debate-based integrated judgment – is invasion or protection:

  • And, if is there any back-to-normal exit from the crisis, or this disaster ‘turned into planetary terror, through global coup d’état’ will be exploited to further something already pre-designed (with a fear, not as a side-effect, but rather as a tool manufactured to gain control). Simply, is all that more related to the biotronics and demographics (IoT and Internet of Bodies) – ‘epsteinisation en masse’, than to health and economics or any common social purpose?

Undeniably, nature of politics also changed: Political parties – main agents of political life of any society – have amorphized from giant membership organisation to fundraising machines. Thus, Le Monde Diplomatique – while examining the possible merger between tech/pharma oligopoly and political monopoly – claimed from a very beginning of this crisis that: “Political decisions have been central in shaping this tragedy — from the destruction of animal habitats, to the asymmetric funding of medical research, to the management of the crisis itself. They will also determine the world into which we emerge into after the worst is over.”

Over the past 30 years, every critical juncture had a similar epilogue: pardon and enhancement for the capital, a burden and suppression for the labour. The C-19 is no exception to it: Ever since early lockdowns of March 2020, the capital flows unhindered while the labour, ideas and humans are under the house arrest.[3] The XXI century frontline is the right to health (incl. body integrity and informed consent) and labour, privacy and other fundamental human rights and liberties. (LMD, IV20)

Is the political, economic or moral triumph of the West still possible past this crisis?

Every crisis since Westphalia until the so-called financial crisis of 2008-09, political West exited in (what was seen as) moral triumph. What is in front of us? If the world is flat, will it become one big pharma Banana Republic – as many fear?

Earth provides enough to satisfy everyone’s needs, but not for a single man’s greed

The rate of profit does not, like rent and wages, rise with the prosperity, and fall with the declension, of the society. On the contrary, it is naturally low in rich, and high in poor countries, and it is always highest in the countries which are going fastest to ruin.

The Wealth of Nations, Adam Smith

Still to be precise, the WHO- decreed virus pandemic brought nothing truly new to the already overheated conduct of, and increasingly binarized, world affairs. It only amplified and accelerated what was present for quite some time – a rift between alienated power centres, each on its side of Pacific, and the rest. No wonder that the work on and dispatch of the C-19 -related injection (vaccine) is more an arms race than it is a collaborative humanity plan. Look at its geography and conditionalities.

Would all this be – in its epilogue – about the expansion of (the 4th industrial revolution caused) techno-totalitarian model of government as an alternative to liberal democracy (from one-party democracy to one-party autocracy)? Devolutionary singularisation into techno-feudalism as the highest stage of capitalism? Is now a time to return to the nation-state, a great moment for all dictators-in-waiting to finally build a cult of personality? Hence, will our democracy be electro-magnetised and vaccinated for a greater good (or greedier ‘god’)? Is the decolonisation (and deprivatisation) of global health a failed attempt?[4] Will we (ever) be allowed to exit the year of 2020?[5]

Turning human body into an (purposely unoptimized) operative system that needs constant updates and antivirus programs is a dangerous thought. The entire scientific community considers the attempt to mandate the experimental biological agent of unchecked reproductive toxicity and other side effects (while calling it the C-19 vaccine) as very troubling. Having these calls chiefly advocated and aggressively promoted by the handful of self-interest driven private companies – all accompanied with a contradictory and confusing governmental stance which is siding up with the industry it was supposed to regulate – is highly disturbing.[6] No surprise that ever-larger societal segments perceive it as liberticidal warfare, not an enhancing welfare. The world that for over a century portrayed itself as Kantian is rapidly turning into a dark Hobbesian (immuno-apartheid) place. Is now anarchy just one step away?[7]

One is certain, confronting the long-term interests of stakeholders with the short-term interests of shareholders, the private sector from both sides of Atlantic exercises disproportionate power in the technological share (infrastructure and data). It also largely benefits from the massive public research funds – especially in the fields such as bioinformatics, AI, nanorobotics, or geophysics engineering – while in return paying dismal, negotiable tax if any at all.[8]

Far too often it comes with the nondisclosure agreements, liability outsourcing/ protections and other unilaterally beneficial legal instruments as well as with the close ties between the private sector, intelligence agencies and media.[9]

The same applies to a big Pharma which – through pornography of (decontextualized) numbers over the widening fields of misery – increasingly dictates a non-preventive, monofocal approach to medicine and research, and controls reporting about it – not always in the name of our public health.

Therefore, the above represents the largest underreported (or ignored) threat to our democracy and future societal conduct.

Conclusively, bioinformatics (including the synthetic biology and data-to-genes sequestration for data storage or data mining purpose) – as much as the geoengineering itself – is a dual-use technology. Past its formative age (with a digital infrastructure near completion), it has today a huge weaponization potential for at home and abroad, be it for state or non-state actors.

Consequently and urgently, this necessitates a comprehensive legislation which builds up on the Universal Charter of Human Rights and Nuremberg Code, and rests on its effective enforcement (with the monitoring of compliance mechanisms as set for the IAEA, OPCW, RC-BTWC and the Nagoya protocol),[10] nationally and internationality, and for all actors.[11]

Threat of Otherness: Criminalisation of different opinion

All state authority is derived from the people (XX 2) … All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available. (XX 4)

Civil disobedience as the Constitutional Right[12]

By many accounts, 2020-21 – time of astonishing synchronicity, when distancing became social[13] – will be remembered as the worst period in living memory (since 1939). Some would say; C-19 stopped history, as it locked down our dialogues and atrophied political instincts of masses. All this with too many cases of arbitrary censorship streaming almost in a form of neuro-linguistic programming from the privately owned social platforms. Still, 2020-21 only quarantined and halted us, while in fact it accelerated history. This especially refers to the ‘Old Continent’.

People have the right to know what those in power are doing, especially in times of crisis. Therefore, Europe’s eldest and the most comprehensive multilateral mechanism – Council of Europe, promulgated Convention on Access to Official Documents more than ten years ago in Tromsø, Norway (entering in force on 01 December 2020). This Charter is the first binding international legal instrument to recognise a general right of access to official documents held by public authorities.[14]

As this author noted back in spring 2020: “It is amply clear from the C-19 event that the right to health is an issue for all. The search for a reliable cure for pandemics control is not a matter of private business, but of fundamental individual rights situated on higher levels of sociableness, as embedded in the UN and EU Charters, and being obligatory for each of the UN Specialized Agencies or EU bodies to comply with. (Not a fear-based manufactured giving-in, but the right for informed consent as an inseparable segment of the constitutionally endorsed right to health.)

Even if the vaccine becomes the agreed or preferred option, it must be made available patent-free for all, and locally manufactured. However, binarization of debate onto a pro-and-con vaccine represents a dangerous reductionism and waste of planetary energy critically needed for a holistic and novel approach. There is no silver bullet for the European or world problems. Consequently, there is no solution in one-directional medical research in response to any pandemic, and in a single-blended (or centrally manufactured, hastily introduced) and mandated experimental medication for all. This especially refers to the genoccine.[15] (Dogma is based on a blind belief; science necessitates constant multidimensional exploration. Science, especially a medical one, holds no single or absolute truth: The closest it can get is to the least wrong answer – which must be contested constantly, literally every single day.)

Proportionality of our (current and future) responses in Europe is another key issue. Hence, what presents itself as an imperative is the universal participation through intergovernmental mechanisms and popular control to it. That rule applies for at home and for abroad, as the Union has to comply with (and set example to) it urgently.

Growing particularisms in Brussels quarters, where (on taxpayers’ money and public trust), it is more and more the particular – be it individual, regional, national, lobby-groups driven – interest that prevails over the solid all-European project of our common presence purpose and future.[16]  Europe or EU Rope? 

Past the Brexit, the Union has to be extra cautious about its chronic democracy-deficit, apparatchik alienation of Brussels,[17] as well as the brewing concerns that the EU without UK becomes yet another greater Germany.[18]

Of Paper Tiger and its Talking Heads

The one-year score (March 2020 – March 2021) of the Union is highly disturbing:[19]

  1. [20]
  2. [21]
  3. [22]

After all, the truth is plain to see; countries with the highly (deregulated and) privatised health sector are the C-19 worst offs (eg. USA) – as measured by the fatalities, overall socio-economic cost (incl. the long-term health prospects, or redistribution and inequalities), damage to the social consensus (safety and security), and the speed of recovery. Countries of the centralised health sector which resides strictly in public hands and is under popular control did and are still making it far better. Those among them that keep high respect for individual rights, liberties and freedoms (eg. Sweden) are by far the best achievers.

How the issues of health will be balanced with the human rights – as these two are not excluding but are complementing each other – is the fundamental issue for the future.

Additionally, how (geno and pheno) data are generated, stored and governed, and ultimately used will be the second defining issue of global public health (and planetary support to or conflict over it) in the coming decades. That very much includes a dubious imposition of exclusionary digital bio surveillance grid that some circles advocate as a presumptive recommendation to restore ‘normalcy’.   

All in all, the one-year score (March 2020 – October 2021) is highly disturbing;

Not only the socio-economic one, but every aspects of Western vitality is also vanishing rapidly, making the prospect of triumph of its model (or its demographic relevance) less likely with every passing day. Hight time to accuse the silence?

Beyond the disputes about possible initial intentionality (allegedly inspired by the sectarian, class, demographic, environmental or any other drive), let us close this text by displaying the probable epilogue: An ever-larger number of military strategists see (unfolding of) the C-19 event as a (techno-)biological warfare.

Here comes the powerful reminder that history gives us: decisions to go to war were never based on facts but on perceptions.[23] Therefore, make no mistake; the end game to any further continuation or escalation (of attempt to singularise the biological, chemo-electric and digital, and to centrally control it) is the nuclear holocaust which none of us will escape.

Post Scriptum:

Reducing the human integrity on a bodily space (and freely harvestable biodata) to which (an early capitalism territorial raw grab) business model should apply – is truly diabolic idea. Moreover, it is a suicidal idea – a last outcry before the ultimate self-destruction. (Imperialism, as the highest stage of capitalism, manifests through the Nazification of question of space. As always, an expansion over the limits of physics and society leads to a fast contraction and ultimate death).

Thus, invading human body on the same principle as the colonization of the west followed the age of so-called Grand Discoveries. (Interestingly, then in XV century – almost as now in XXI – Chinese were the first to explore and circumvent, while the western peripheries of than global civilization only brutally followed and accelerated.)

Finally, monetizing this newly acquired space in the absence of expanding anywhere else: Treating human health like a business model and invading unconsented humans through the hijacked medicine. (Actually, what we consider as ‘medicine’ is also a political construct. There is a western medicine – which we falsely label as ‘medicine’. But, over half of this planet follows the Vedic, Chinese, Shaman, and several other traditional medicines in their approach towards life health and nature.)

But to extend the context:

History of (what we, humans, describe as) technology is a story about primordial (survival-driven) fear far too often turned into a long line of violence towards all organic and inorganic systems on our planet. Too many times our technological breakthroughs were linked to destruction (with violence against nature and societies as means to introduce it), instead of being coupled with or supportive to creation. Otherwise, our millenniums-long technological march would have brought us to the Gates of Triumph in self-realisation of human race.

If historically our technological advancements (by its motive and method of introduction) only managed to accelerate frequency and severity of (disharmony and) alienating aggression on this planet, while repeatedly falling short to bring about everlasting self-realization of humans – than this anthropotechnic is based on confrontation (coercive introduction) and not on cooperation (support and inclusion). Then both, its intensity and direction – corrosive, polarizing, disruptive and reductionistic; must be thoroughly re-examined.

No wonder that our technology (or to say: ‘’technology’) is seen by many as the developmental dead end. Cosmos means balance/perfect order, chaos is absence of it.[24]


[1] The UN Secretary-General, Antonio Guterres is well aware of it: Addressing the Organisation’s General Assembly at the 75th anniversary (September 2020) he admitted: “… people continue to lose trust in political establishments. … widespread protests against inequality, discrimination, corruption and lack of opportunities all over the world – grievances that still need to be addressed, including with a renewed social contract.”

[2] In fact, in Germany and several other EU member states the number of hospital beds in the intensive care units is even reduced for up to 20% compared to its pre-C-19 capacities. Additional (politically polarising) controversy are millions of euros spent on diagnoses tests which are scientifically contested.

[3] In the formally neutral and peace-loving Austria – following the provisions of a strict autumn 2020 – spring 2021 lockdown – only the basic supplies shops were opened. However, besides the grocery stores, mobile phone shops and pharmacies, it also included the guns shops, while the schools, theatres, libraries and museums remained closed.

[4] There is an observable trend that – for the past few decades – our public health has been at first globalized, than centralized, with the ongoing privatization and its monopolization as the final phase.

[5] The year of 2020 recorded unprecedented planetary contractions and nearly a free-fall recession. Of course, it is misleadingly ascribed to the pandemic instead of being attributed to the C-19-related measures. Among the countries of the G-7 + G-20 group only China had scored growth. Cross-sectoral picture is the same – deep recession. Only the big tech and big pharma scored surpluses in 2020. (World Bank Report 2020)

[6] The extraordinary measures introduced in spring 2020 were and still are more administrative/political than they are scientific based. That starts with the very definition of pandemic (infection percentage threshold); goes on with the diagnostics tools and protocols as well as the way to proclaim someone infected or ill (PRC tests and number of cycles applied, or medical doctor thorough examination), and finally it culminates with a diagnosis of death (mandatory autopsy or not). Therefore, it is safe to say that the C-19 has – in its manifestation – far more political than the health elements.

[7] Talks about ‘vax-passports’ falls under the same category. Not only that it is contrary to the ruling of the Council of Europe – conditioning freedom of movement with an exposure of personal medical record is contradicting any notion of Human Rights and every of its Charters. Liberties and freedoms are fundamental inalienable rights, not privileges (to be administratively or arbitrarily taken, given, conditioned or dosed).

[8] “The pandemic has also reviled how imbalanced the relationship between the public and the private sector has become. In the US, the National Institutes of Health (NIH) invests some$40 billion a year on medical research and has been a key funder of the R&D of C-19 treatments and vaccines. But pharmaceutical companies are under no obligation to make the final product affordable to Americans, whose tax money is subsidising them in the first place. … It was a typical move for Big Pharma. … Even so, US drug prices are the highest in the world. Pharmaceutical companies also act against the public interest by abusing the patient process. … Equally bad deals have been made with Big Tech. In many ways, Silicon Valley is a product of the US government’s investments in the development of high-risk technologies. The National Science Foundation funded the research behind the search algorithm that made Google famous. The US Navy did the same for the GPS technology that Uber depends on. And the Defence Advanced Research Project Agency, part of the Pentagon, backed the development of the Internet, touchscreen technology, Siri, and every other key component in the iPhone. Taxpayers took risks when they invested in these technologies, yet most of the technology companies that have benefited failed to pay their fair share of taxes. Then they have the audacity to fight against regulations that would protect the privacy rights of the public. … the power of AI and other technologies being developed in Silicon Valley, a closer look shows that in these cases, too, it was high-risk public investment that laid the foundations” – states prof. Mazzucato (FAM 99/6/20)

[9] See, eg. the EU Pandemic Accelerator Act (April 2020) or the July 15th 2020 Suspension of the EU GMO-related legislation (the so-called EU Council adoption of the Commission’s proposal to accelerate clinical trials and the supply of medical product containing the GMOs) – all promulgated speed-track without a prior investigative scientific reports, hearings or debate (as if it is a Capitulation Agreement). These are now submitted to the European Court of Justice for a legality and impartiality judgment. In the same fashion the recently adopted European Democracy Action Plan (EDAP) leaves many ambiguities, while also massively contradicting the European Convention on Human Rights.   

[10] All four belonging to the United Nations system: International Atomic Energy Agency (IAEA), Organisation for the Prohibition of Chemical Weapons (OPCW), Review Conference to the Biological Weapons Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (RC-BTWC), the Nagoya Protocol to the Biological Diversity Convention on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (NP).

[11] The US Foreign Corrupt Practice Act of 1977 could be used as a model for the universally binding instrument to internationally prosecute and punish any corporation that pay bribes to foreign officials.

[12] German Constitution (Art. 20). Similar provisions are encapsulated in most of the national constitutions in Europe and beyond. It rests on a notion that the state and people are bound by the social contract within any given society, and that in case of a breach of confidence, citizenry has an inalienable natural right to disobedience.   

[13] The face covering coupled with distancing hinders our most basic functions of all – since humans are genuinely social animals. Social interaction for us is both a frame and content, an evolutionary constant. Physical distancing which is named a social, cloth ribbon which is named a mask and rnk-messenger appliance which is named a vaccine – all three error in objecto trigger confusions, and spark increasing mistrust and growing disobedience. Eg. it is crucial to differentiate the physical from a social distancing. Physical one is a preventive (punitive or medical) measure while the so-called social distancing is a century-old concept of (empathy charge and) social engineering. To this end, see works of the US sociologists Park, Hall and Bogardus (scale of social distancing), and Simmel’s ‘theory of the stranger’ – Simmelian social geometry (Germany 1908).

[14] During times of crisis national security arguments are often evoked to deny information to be requested and accessed. However, it is exactly at such times that a timely and trustworthy information from official sources is most needed. Informational transparency in accordance with the principles set out in the Tromsø Convention prior to the C-19 pandemic could have helped to avoid the ‘infodemic’ and a subsequent massive public distrust.

[15] Analysing the specifications indicated by the manufacturers themselves, the genoccine seems more accurate name for the experimental (thoroughly untested), new, RNK/DNK modified, nanotechnology-based tri-injecting solution that is currently advocated for the C-19. Some critics even reject to call it vaccine, arguing that it is in fact a GMO implant/hacking device or geno-therapy (which needs to be administered periodically, while vaccine is a onetime shot). Such claims are ignored, but not refuted yet.

[16] See: “World on Autopilot: The UNSC should urgently address C-19”, New Europe Brussels (Bajrektarevic-Agam, 10 APR 20); “Contributing to a Safer, Healthier and Prosperous World”, Diplomat Magazine Hague (Bajrektarevic-Goutali, 12 MAY 20); ”Return of Global Stewardship: the UNSC should urgently address C-19 – addendum” (Bajrektarevic-Agam, 25 May 20), ModernDiplomacy Athens/ Brussels; “Democracy Vaccinated, – The post-Corona epilogue of Sino-American relations”, (Bajrektarevic), L’Europe Unie Intl. Journal, Revue d’études européenne, Paris, France 2020 (15) 2.  

[17] Interestingly one of the very first works on the so-called New Age Normal (and European integration) originates from an unexpected place and unexpected times: A war time Nazi Minister for Economic Affairs and Head of the Reichsbank, Walther Funk, in his 1943 The Economic Face of the New Europe propagated ideas on the creation of a European economic area controlled by the New Germany.

[18] On December 18th 2020, the UN General Assembly (UNGA) adopted Resolution against glorification of Nazism, neo-Nazism and other practices that encourage modern forms of racism and xenophobia. 60 UN members co-sponsored resolution, while only 2 states casted negative vote. Rather strikingly and disturbingly, Germany refrained from voting in favour (abstained). The UN GA recommends states “to take appropriate concrete measures, including legislative and educational ones, in accordance with international human rights obligations, in order to prevent revisionism in respect of the Second World War and the denial of the crimes against humanity and war crimes committed during the WWII.”

[19] Soon we are going to retrospect on all what is happening today. What will we conclude? Dr. Robert Malone, inventor of the mRNA vaccine technology, claims the following: “… There’ve been times when as a culture facing major crisis – war, famine, and the like – decisions have been made to cross ethical lines. (Sadly enough, Europeans are rich of such history, rem. aut.) It is convenient in fogs of war to rush on judgement calls where we say that the benefits merit compromising some of our core ethical principles. Invariably, in retrospect we always end up saying that was a grave mistake.”  

[20] Detailed account about the Conflict of interests affecting judges of the European Court of Justice (ECHR) has been produced by the European Center for Law and Justice (May 30th 2021)– claiming that at least 20% of all judges might have had a troubling and long-lasting links with the non-European non-state sector. /see: One year after the report on NGOs and Judges of the ECHR: Overview (eclj.org) /  

[21] While the EU officially insists on anti-Chinese narrative, deeds are telling contrary: Practically all prescribed face masks within the Union are manufactured in and shipped from China. Diagnostic kits for C-19 testing are also largely from China (in many Member states there are – contrary to the clear health regulations – available in pharmacies but without any inscription written in the language of that EU country). This sends disturbing image about inconstancy and inauthenticity of the EU rhetoric, as well as about the inability and incompetence of the Union to re-start production even of the low-tech items such as cloth masks. Finally, the largest and ‘most successful block in history of mankind’ was unable to insist on the existing cheap, safe and effective drugs, or to produce its own medicine related to the C-19. Only one of the (emergency use) approved vaccines in the EU is partially made in the EU (Sweden), but even that one fundamentally borrowed from the external research (Russian virology solutions).        

[22] The European Union summit on Urgent response in May 2020 (May 07th) was hastily allocating billions of tax-payers’ money on the irrationally lionized, single-mandated, yet unseen, future medication – all that in a rather opaque and nontransparent way. However, what finally triggered enormous public outcry and further disfranchising was an euphoric closure of that summit by the Commission President Ursula von der Leyen (unelected Brussels’ top official). By many accounts, her final words told with a delight “Thank you Bill for your leadership” acknowledging and praising a lead role of the non-state actor who is not even European (and who was – not giving but – receiving lavish funds) was an all-time low of the European house and its representatives – ever since the Commission and other institutions of the Union exist.  

[23] Although initially representing the asymmetric workings of the non-state actor, the so-called Sarajevo assassination of 1914 triggered the WWI – a gigantic trans-continental conflict between all major powers of that time (and a rapid demise of many of them, in just few years’ time). This self-destruction lasted for 4 years with all unconventional (biological and chemical) means than at disposal used. What has happened? The non-state actor from Bosnia assaulted the Head of State in-making of the major power (Heir to the Habsbourg Empire). Now comes the most disturbing part: Asymmetric confrontation between the state and non-state actor in one corner of Europe (southeast) triggered a direct armed conflict and the immense bloodshed – but only months later and via spill over from the other corner of Europe. Militarily, the German attack on the Belgian Ardennes (northwest of Europe) marked the beginning of the total destruction – WWI. In summer 1945, Soviets were rushing through Korean peninsula to get a stake in forthcoming occupation of Japan. As a consequence, Americans repeatedly nuked that country’s inland. That much about controllability of (non-)intentionality and about mastering the outcome. Overconfidence (that easily turns into arrogance and ignorance and yet into miscalculation), is another (mass) killer. Just to recall but few history chapters by naming their chief protagonists: Darius III, Hannibal, Napoleon, Hitler, or places such as Điện Biên Phủ.

[24] For more on the topic see: Fukuyama’s defensive modernization, or author’s definition of anthropotechnique in his ‘Geopolitics of Quantum Buddhism’.

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