Immunity from Compulsory Judicial Measures under Chinese Foreign State Immunity Law: Changes and Challenges
- Autores: Ying Wei, Wenhua Shan
- Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 107, Nº 3, 2024, págs. 741-759
- Idioma: italiano
- Enlaces
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Resumen
The adoption of the Law of the People’s Republic of China on Foreign State Immunity (CFSIL, or the Law) marks a shift in China’s position on State immunity from absolute immunity to restrictive immunity. The Law covers both immunity from jurisdiction and immunity from compulsory judicial measures. This essay concentrates on immunity from compulsory judicial measures under the CFSIL, exploring the changes brought about by the CFSIL and the challenges potentially facing its implementation. The changes brought by the CFSIL are significant because they have established both a new approach and a new position. The challenges in volved in the implementation of the CFSIL mainly relate to the criteria for determining commercial activity, the principle of reciprocity in State immunity, and the role of the Ministry of Foreign Affairs in handling State immunity issues. Whilst the CFSIL has generally achieved a balance between respecting the sovereignty and dignity of foreign States and safeguarding the legitimate interests of China and its citizens, further clarifications and specifications would help fully realize the values of the Law.
