JOURNAL ARTICLE

Foreign State Immunity Law of China: A Preliminary Appraisal.

  • Published In: Chinese Journal of International Law, 2024, v. 23, n. 2. P. 341 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Shi, Xinxiang 3 of 3

Abstract

The article focuses on China's adoption of the Foreign State Immunity Law (FSIL) in September 2023, marking a shift from absolute to restrictive State immunity. It analyzes key provisions of the FSIL, including waiver of immunity, exceptions such as commercial activity and torts, and the limited codification of immunity for foreign State officials under customary international law. The paper also highlights challenges posed by ambiguities in the law's text, the historically marginal role of Chinese courts in immunity cases, and the implications of the new law under the "One Country, Two Systems" principle for Hong Kong and Macau. Overall, the FSIL represents a significant legal development with uncertain practical effects on China's judicial handling of foreign State immunity.

Additional Information

  • Source:Chinese Journal of International Law. 2024/06, Vol. 23, Issue 2, p341
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:1540-1650
  • DOI:10.1093/chinesejil/jmae017
  • Accession Number:178650483
  • Copyright Statement:Copyright of Chinese Journal of International Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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