A Study Of The Terrorism Exception In Sovereign Immunity

As an embodiment of the important principle of international law that equals have no jurisdiction,the rule of sovereign immunity has been tested by hundreds of years of international exchanges.The idea that no country can govern another sovereign country has been deeply rooted in the hearts of the people.However,with the end of the Cold War,continuous conflicts broke out in Africa and the Middle East due to political and religious factors,and international terrorism also breeds.In a situation where the targets of international terrorist attacks are undifferentiated and civilians,traditional armed strikes and international sanctions cannot provide relief to victims who have suffered damage due to terrorist attacks.The international community needs to find new measures beyond the traditional counter-terrorism methods to provide relief to the victims of terrorist attacks.It is not limited to fighting terrorist organizations,deterring terrorist activities,and preventing terrorist crimes.The United States has created a unique set of sovereign immunity laws and regulations by revising and enacting a series of legal documents such as the "Foreign Sovereign Immunity Act" and the "Anti-Terrorism Financing Act" to promote the transformation from absolute immunity to relative immunity.By adding terrorism to the exception of sovereign immunity,relevant international conflicts are brought into the jurisdiction of the national courts.From the "Foreign Sovereign Immunity Act" of 1976 to the"Anti-Terrorism Financing Act" of 2016,the United States has continuously provided clear legal basis for victims of terrorism by guiding American citizens to independently file civil lawsuits in the courts and striving to expand The jurisdiction of the US courts provides protection and relief to victims of terrorist attacks.Although the original intention of the establishment of the U.S.Terrorism Exception System is to better implement U.S.anti-terrorism policies and effectively protect the rights and interests of terrorism victims,with the passage and implementation of relevant laws,more and more legislative and judicial issues are in practice.Be exposed.The formulation and improvement of the US terrorism exception system has gone through a long process.However,after the latest Anti-Terrorism Financing Act was promulgated in 2016,this system is also facing huge problems.For example,it is difficult to define the standard of the term"financing" in terrorist financing countries;it is difficult to allocate the burden of proof;and it is difficult to enforce a successful judgment.In the judicial practice of the United States,not only is it difficult for the victims of the terrorist attack involved to obtain relief,even if they win the case,they can only obtain psychological comfort,not material compensation,and the result of the judgment has seriously damaged the international image of other countries.Seriously affect the relations between the two countries,undermine international cooperation and international exchanges.Unilateral legislation has clearly exacerbated conflicts between countries on sovereign immunity.In order to solve the problem of relief for victims of terrorism,we must clarify our position on multilateralism and strengthen international exchanges and cooperation.Limit the expansion of jurisdiction,formulate our country's sovereign immunity law in a prudent manner,and define the exception of terrorist immunity under certain conditions.