State Immunity Legislation Development

State immunity in international law, is that a country and its property are immuned from the jurisdiction of domestic courts in other countries. The issue of state immunity has a long history. With the increase in economic contacts between countries and the enhancement of countries' position in international trade, the principle of state immunity has been entrusted with new contents. In 1978, United Nation (UN) International Law Commission began to draft the "United Nations Convention on Jurisdictional Immunities of States and their property" (hereinafter abbreviated as "the Convention"), which was finally unveiled in 1994 after more than 20 years. This thesis is expected to consider the Convention as a new clue on the question of state immunity for further analysis and study.The reasonⅠchosen the issue of state immunity is that, although there is a lot of theoretical research, a new trend of the issue in theory and practice appears. Before the appearance of the Convention, Chinese scholars on this issue adhere to some exceptions to the principle of immunity. The adoption of the Convention indicates a large degree of consensus on the issue of immunity and the principle of absolute immunity has gradually moved toward the principle of restrictive immunity, which is extremely important to the development of international economics and we need to pay attention to. Under the reality, we should actively take domestic legislative measures to solve the dispute among foreign countries, individuals, legal persons and other entities and to safeguard our own interests. The writer raises some opinions about the issue of state immunity.First of all, from the background and the process of drafting the Convention, interpret the content of the Convention, and point out that the concrete manifestation of the new legislation about State immunity.Part one put forwards all kinds of theories about state immunity, each of which is reasonable to some extent. The theory of sovereign equality gets the widespread support. During the development of state immunity, there are two theories, the principle of absolute immunity and the principle of restrictive immunity. The latter principle lives up to the need of social development and the theory of state immunity.Part two mainly discusses the new trend of the Convention.Firstly, compare the "Convention" and "draft articles on jurisdictional immunities of States and their property" in 1991 on the contents, discuss the difference between them.Secondly, compare the two doctrines of absolute immunity and restrictive immunity and point out the restrictive immunity is demand of history development and the concrete embodiments of restrictive immunity are illustrated combined with the Convention.Then, the position of the Convention is very clear that states and their property immunity are the principle and the premise. At the same time, the Convention provides some exceptions to the principle. As for exceptions to jurisdictional immunities, there are two kinds, objective exceptions and subjective ones. It is discussed that whether "nature criteria" or "destination criteria" is to judge the nature of the state in objective exceptions. As for implementation immunity, there are objective exceptions and subjective ones. The problems of judgment on commercial uses of state property and that of implementation immunity of state property are analyzed combined with article 19 of the Convention. In the writer's opinion, it is correct to distinguish between state-owned property and state property.Part three analyse the effects of the Convention, expounds China's stance on State immunity. Then, some suggestions are raised to deal with the issue of state immunity from legislation and practice:1. Enact as soon as possible the "People's Republic of China Convention on Jurisdictional Immunities of States and their property ".2. Separate property of state and the property of state-owned enterprises. 3. Improve the modem enterprise system.4. Under existing institutions with expertise in the establishment of a special exemption or the body.This thesis focuses on the application of the Convention, the new trend in the legislation of state immunity is the introduction of the Convention, the subjects of state immunity, the implementation immunity and our practice. The paper compared the "Convention" and the "draft" State immunity combined with the issues in depth comparison Analysis and research, In accordance with Chinese practice gives the corresponding countermeasures, For an in-depth study of State immunity, the author use the main method of historical analysis,comparative study,Inductive Reasoning method and so on.