State Immunity Research

State immunity is one of the most important, most complicated and also most realistic problems in modern international law. When a state is sued in a foreign country, whether it can successfully claim the state immunity to avoid the jurisdiction of the foreign court concerns the great interest of the state, and involves such fundamental international principle as equality of state sovereignty. As to legal practice, it has far-reaching significance and influence on the governmental departments and private businesses. With the increasing deepening of foreign trade of each state, its realistic significance will be revealed even more clearly.This dissertation takes state immunity as the research object, and proceeds from the point of view of the basic theories of international law, and discusses the concept, the significance and the theoretical basis of state immunity. It also addresses the typical problems in the field of state immunity—the subjects and exceptions—deeply and in great details. It analyses and prospects the theory, practice and existing problems concerning jurisdictional immunity in China, as well as the trend of its future development. The dissertation is divided into 5 chapters.The Forward briefly states the importance of the problem of state jurisdictional immunity, and indicates the problems that the dissertation is going to work on.Chapter One mainly studies the concept, significance and theoretical basis of state immunity. This chapter studies the concept and connotation of state immunity through comparison with such relevant concept as diplomatic immunity; analyses the significance and complexity of state immunity from such different points of view as public international law, private international law and social economy, and at the same time states the state immunity is one principle of customary international law; introduces four theoretical bases concerning state immunity: doctrine of exterritoriality, doctrine of dignity of state, doctrine of comity and doctrine of sovereignty equality of state, through historical review. Although the author is in favor of the view that independence and equality of state are the bases of state immunity, certain degree of understanding and approval of different views are also expressed.Chapter Two studies the theories and practices surrounding state immunity. First, the author briefly discusses the theories concerning state immunity: doctrine of absolute immunity, doctrine of relative immunity, doctrine of abolishing immunity and doctrine of...