Theory And Practice Of States And Their Property Immunity Research

State Immunity is an old principle of international laws. Since the date of its birth, it has played an important role in adjusting the national behavior and international relations. At the same time, it also attracted a lot of controversy, not only in the school of international laws, but also in the government policy choices. The differences in the opinion held by different nations could even become the Game chips.State sovereign immunity is a kind of privilege on law that a nation cannot be judged by foreign court, which is based on the principle of sovereign equality. Other states are not authorized to make any judgment on a state and its property, unless it has clearly announced its abandonment of the immunity. The principle of state sovereign immunity mainly includes three aspects: immunity from jurisdiction, judicial immunity and obliged immunity. This article will take jurisdictional immunities of states and their property as the research object, discuss its origin, developing process and typical cases from the perspective of history and international laws and offer some ideas and suggestions to help our government.In addition to the introduction and conclusion, this article is divided into four chapters.The first chapter is about the basic theory of immunities of States and their property. Subchapter 1 summarized the legal sources of the immunities of States and their property, , including diplomatic immunity and sovereign immunity from personal jurisdiction, and analysis the historical conditions through 5 different areas: the ideological basis, the logical foundation, the political base, the economic base and social foundation. Subchapter 2 is about the theoretical foundation of the immunity of States and their property, including the extraterritoriality theory, the theory of national pride, international comity theory and theory of sovereign equality of States. Subchapter 3 focused on the two factions in the area of state immunity—absolute immunity and restrict immunity,and the transform from the absolute immunity to restrict immunity.The second chapter mainly introduced the laws and actions of the United States and Britain on the issue of State immunity and specific practice of legislative acts, and made a simple contrast between the two acts.The third chapter is about the international conventions on the issue of state immunity, including"the European Convention on State Immunity"and"United Nations Convention on Jurisdictional Immunities of States and their property". The subchapter 1 briefly introduced the legislative background and main content of the "European Convention on State Immunity" and made a little evaluation. Then subchapter 2 put more words on"United Nations Convention on Jurisdictional Immunities of States and their property",. The introduction includes the background, the process and the main content, ESP. analyzed three important words"commercial actions","state-owned enterprises"and"enforce". Evaluation is carried out in both positive and negative sides.Chapter four summed up some important concepts that our government should pay attention to in cases ,through the four classic cases the Chinese government (including local government) expierenced. On this basis, this paragraph offered a few suggestions from the relevant domestic legislation, state-owned enterprise reform, strengthening the perspective of academic attention, etc.,...