Research On The Exception Of Jurisdictional Immunity Of States And Their Property

This paper studies three exceptions in states immunity, and discusses the issues around the theory, the situation and the scope of state immunity. I explain the application of state immunity by list several foreign national practice and jurisdiction. And then, the paper analyses the situation of China on legislation and practice to state immunity, combined with some cases which China involved in recent years. Finally, the author propose a number of measures to promote the advancement of the theory and practice in regard to State immunity. The article is divided into three parts in total.The first part briefly introduces the concepts of jurisdictional immunities of States and their exceptions. All along, the exceptions to state immunity is the most important, controversial and the most practical significance problem in this field, in this part, the discussion concentrates on the specific meaning and content of state immunity.The second part discusses on three cases of exception to state immunity stemming from the part III of “United Nations Convention on jurisdiction immunities of States and Their Property”.---intellectual property, business transactions, ownership, possession and use of property. In presenting the main exception to State immunity, this discussion focused on the ownership, possession and use of property Article 13 of the Convention(known as property rights) and Article 14 of the Convention on intellectual and industrial property rights.The third part analyses and researches states immunity of China by means of studying the current situation of legislation and the practice involving exception to state immunity of the country in recent years. The last chapter gave the countermeasures and suggestions that should be taken to deal with state immunity to China in the future, and several recommendations about legislation were proposed at the same time.