On The New Development Of The State Exemption System

Nowadays, the state immunity rules, which based on the ancient principles ofInternational Law of “par in parem non habet jurisdictionem”, has been widelyrecognized by the international community. In the early stages of the development ofthis principle, its nature was absolute and exclusive by stating that all state actions andpossessions were entitled to the right of immunity, thus no court in the world couldexercise its jurisdiction over a state and enforce its possessions. But after World WarⅡ，with the changes of state functions, more and more countries started to participatein international civil and commercial transactions as equal subjects. At the same time,the voices of protecting the rights of private subjects were increasing. Under thisbackground, the principle of limited immunity started to emerge which stated thatthere should be distinguish between different nature of a country’s actions andpossessions. In order to better play the deterministic function of law, differentcountries have made many efforts. The United Nations passed a special conventionregarding the state immunity as well as the European Commission. What’s more,many individual countries have also enacted this own state immunity act. In order tocomply with these international trends and protect the interests of Chinese privateinvestors, it’s very necessary for China to enact its own state immunity act.