}
TSINGHUA CHINA LAW REVIEW
Background, Implications and Future of the Law on Foreign State Immunity in China
Created on:2024-06-29 21:29 PV:1722
By SI Yinong | China Law Update | 16 Tsinghua China L. Rev. 337 (2024)   |   Download Full Article PDF

Abstract: On September 1, 2023, the Law of the People's Republic of China on State Immunity of Foreign States was adopted by the Fifth Meeting of the Standing Committee of the Fourteenth National People's Congress and came into force on January 1, 2024. The introduction of the law fills the blank of state immunity in Chinese domestic legal system. This essay begins with the background of the enactment of the law from previous legislation and judicial practice. The it will discuss in detail the favorable implications of the enactment of this law on the country at both the corporate and national levels and some issues need to be explained under the text of the law. A better understanding of the significance of the enactment of the law and the meaning behind it can be achieved through a review of its history and context, which will help China to better deal with issues related to State immunity.

Keywords: Foreign State lmmunity; Principle of Reciprocity; Integrity