Criticism Of The Terrorism Exception Legislation Of State Immunity In United States

Since the end of the cold war,the political and economic pattern of the world has undergone drastic changes,regional conflicts have intensified,and terrorism has risen and spread day by day.Terrorist activities are also heavily mixed with factors such as ethnicity,religion,territory and resources,making counter-terrorism increasingly difficult and the situation more and more serious.The United States has created an exception to terrorism against the backdrop of terrorist activities that have caused serious damage to a large number of civilians,deprived many people of life,disturbed the internal order of many countries and undermined the peace and stability of the international community.At present,the research results of this exception in China are relatively limited,and this paper explores the legislative background,legislative process and legislative content of the terrorism exception on the basis of these existing research results,clarifies the effect of the exception in international law,analyzes the legislative effect of the exception,and puts forward China’s response measures to the exception based on China.The first part is a study of the legislation of terrorism exceptions,mainly on the basis of combing and summarizing many domestic and foreign literature,and analyzing the development of terrorism exceptions.The exception had a practical and theoretical background,and through four stages of development,new elements were added to the exception until the existing terrorism exception was established.The content of the terrorism exception mainly includes two aspects,immunity from jurisdiction and immunity from enforcement,which can be more specifically refined into multiple constituent elements such as plaintiff,the country being sued,the cause of action,and the limitation of actions.The second part focuses on the effectiveness of the terrorism exception,analyzing it from the perspectives of legality and enforceability,and comprehensively denying its validity in international law.The exception was heavily flawed in terms of effectiveness and was neither legitimate nor enforceable.From the perspective of legality,the U.S.terrorism exception violates a number of important principles of international law,including the principles of sovereign equality of States,jurisdiction,and immunity of the state,and also violates the supreme law of the U.S.Constitution,so it has no legitimacy.From the perspective of enforceability,the terrorism exception is not valid,justifiable and fiducious,and therefore it is not enforceable.The third part mainly analyzes the shortcomings of the terrorism exception through the effects of legislation,and explores the adverse effects of the terrorism exception from the three levels of the United States,other countries and the international community.The United States would not be able to afford to establish a terrorism exception,which undermines legislative authority in the United States and adversely affects foreign policy,social equity and harmony.In addition,it will undermine the sovereignty of other countries,affect the international community order and undermine international cooperation in counter-terrorism.The fourth part examines the impact of the U.S.terrorism exception on China and what China can do in response.The terrorism exception increases the risk of abuse against China and has adverse effects on both diplomacy and national security.In order to cope with the adverse impact of this exception,China should oppose the terrorism exception from the position of absolute immunity and pass the Draft Law on Foreign State Immunity as soon as possible to make it effective,and at the same time further increase the publicity of counter-terrorism public opinion and strengthen counter-terrorism cooperation with other countries,so as to establish a firm national image against terrorism and reduce the risk of being applied to the terrorism exception.Based on the above analysis,this paper concludes that the establishment of the terrorism exception by the United States is in line with the practical and theoretical background,but the exception itself has serious flaws,which are both unlawful and unconstitutional,and have adverse effects on the United States,other countries and the international community.In order to deal with the adverse impact of this exception,China should take a series of measures in legislation,counter-terrorism and international cooperation.