On The Commercial Exception To The Exemption Of State Property Enforcement Measures After The Judgment

Immunities of States and their property are important principles in international law.Theory and practice had progressively developed towards a restrictive doctrine of State immunity.The steps on the wider path towards a more restrictive doctrine of immunity in relation to measures of constrains were taken in theory and practice,which provided for an exception to the immunity of foreign State property from post-judgment measures of constraint where the property was in use or intended for use for commercial purposes.But until now,there is not uniform or certain model of commercial exception of immunity from post-judgment measures of constraint.This dissertation analyses nations' and international legislation and judicial practice of commercial exception of immunity from post-judgment measures of constraint.At present,China doesn't have a systematic legislation of state immunity,and insists the doctrine of absolute immunity in practice,which may not be the best way to hold.Based on the above analysis and the China's present situation,this dissertation finally puts forward the legislative and practical proposal on commercial exception of immunity from post-judgment measures of constraint,which coordinates with other domestic laws and practice.