The Theory And Practice Of China's Sovereign Immunity

The recent trade war between China and the United States has brought the old topic of state immunity into the forefront of international law,showing the importance of state immunity once again.On December 2,2004,General Assembly of the United Nations adopted the United Nations convention on the immunity of states and their property(hereinafter referred to as the convention).The adoption of the convention marks the change from the position of absolute immunity to the position of restrictive immunity.On September 14,2005,Chinese foreign minister Li Zhaoxing signed the convention on behalf of China,which demonstrated China's positive attitude towards the doctrine of restrictive immunity obviously.However,the standing committee of the National People s Congress has not yet adopted the convention.According to Chinese relevant laws,the convention cannot be applied in China.This inevitably leads other countries to query China's position of sovereign immunity and restrict economic and trade exchanges with China.In this paper,based on our country's present condition,reviewing the development of the theory of state sovereign immunity,analyzing the foreign sovereign immunity act in the United States and the convention passed by General Assembly of the United Nations,combined with the evolution of Chinese national exemption from position of historical development,analyzing from the Angle of economy,politics,law,from the aspect of China's national interests,the author draws the conclusion:The changing from absolute immunity position to restrictive immunity,China will not only maintain its own interests,at the same time,China can promote the theory of state sovereign immunity in the right direction as well.