State Immunity From Enforcement Measure Focus On The Enforcement Of Icsid Arbitral Award

State immunity is an old and changeable issue of international law. State immunity system had changed from absolute immunity to restrict immunity since1930s. Nowadays, most of the countries accepted restrict immunity system which deems to be a big achievement of state immunity. State immunity includes immunity from jurisdiction and immunity from enforcement measures. Compare with the widely acceptation of restrict immunity system of jurisdictional immunity, the development of immunity from enforcement is far behind the jurisdictional immunity. Only a few countries accepted restrict immunity from enforcement.1967, the Convention on the Settlement of Investment Disputes between States and Nationals of Other State (hereafter "the Convention") came into force, ICSID arbitration started to play a vital role in the stage of international investment. As the rapid development of international investment, ICSID becoming more and more important. However, the issue of immunity from enforcement is the last obstacle in front of the development of ICSID arbitration. Are the rules of the Convention suitable for the development of ICSID? Which system of immunity would be more suitable for the enforcement of ICSID arbitral award? The first part of the article would present the main topic of the article after introducing the background of the main topic and the general situation of the ICSID arbitration system and immunity from enforcement measures. Three issues would be discussed in this article. First, what immunity system would be used in the area of the enforcement of ICSID arbitral awards? Second, what measures would be taken if the investor had suffered from the enforcement immunity defense? Third, what improvement shall be taken to the enforcement immunity system of the enforcement of ICSID arbitral award of China?The second part of the article discussed the immunity system used in the area of the enforcement of ICSID arbitral awards. This part would be first discussed the legal basis of restrict immunity from enforcement measures. By summarizing the multinational and domestic legislation and jurisprudence, the author discussed the process which the immunity system changes from absolute immunity to restrict immunity. And then, by study the influence of immunity from enforcement measures to the enforcement of ICSID arbitral award through case study, the author will analyze which immunity system shall be used in the area of enforcement of ICSID arbitral award.The third part of the article discussed the two main defenses to the immunity from enforcement measures of the enforcement of ICSID arbitral award. Those two main defenses are waiver of the immunity and the property uses for the commercial purpose. For the discussion of waiver, the author will discuss the relationship between imply and explicit waiver and the relationship between the waiver of jurisdictional immunity and immunity from enforcement measures. For the discussion of property used for commercial purpose, the author will discuss the "linkage" which stipulated in the immunity legislation.The last part of the article will discuss the immunity system of enforcement of ICSID arbitral award of China. The author will first present the framework of the immunity system of China. And then, the author will discuss the advantages and disadvantages of using the restrict immunity system in the framework of China. Lastly, the author will give the suggestion to the legislation of China and the Chinese investors.