On The Theory And Development Of Jurisdictional Immunity Of State And Its Property

State immunity is one of the most important, most complicated and also most realistic problems in modern international law. When a state is sued in a foreign country, whether it can successfully claim the state immunity to avoid the jurisdiction of the foreign court concerns the great interest of the state, and involves such fundamental international principle as equality of state sovereignty. As to legal practice, it has far-reaching significance and influence on the governmental departments and privatebusinesses. With the increasing deepening of foreign trade of each state, its realistic significance will be revealed even more clearly.This dissertation takes state immunity as the research object, and proceeds from thepoint of view of the basic theories of international law, and discusses the concept, thesignificance and the theoretical basis of state immunity. It also addresses the typicalproblems in the field of state immunity—the subjects and exceptions—deeply and ingreat details. It analyses and prospects the theory, practice and existing problemsconcerning jurisdictional immunity in China, as well as the trend of its future development. The dissertation is divided into5chapters.The Forward briefly states the importance of the problem of state jurisdictional immunity, and indicates the problems that the dissertation is going to work on.Chapter One mainly studies the concept and the theoretical basis of the state immunity.Chapter Two studies the theories and practices surrounding state immunity. First, the author analyses the reasons and the backgrounds of doctrine of absolute eimmunity and doctrine of relative immunity and also comments on them. Second, study. Second, the author introduces the practices of states concerning state immunity of the main western countries. The author takes the method of comparison to further discuss the practices concerning state immunity of states, and the main points of analysis are the judicial decisions, diplomatic announcements and the opinions of the scholars around the world.Chapter Three mainly studies the subjects of state immunity. State is the subject of state immunity. However, within the field of state immunity, the concept of state has been extended. The size of scope of state becomes the core problem arousing great attention.Because the actual act of state tends to be expressed through the act of the governmental departments, the head of the state, the king and the diplomatic representatives, and the state itself does not engage in any act, and therefore, the problem of subject in studying state immunity possesses considerable realistic significance. The author still adopts the comparative study method, and mainly studies what kind of persons and organizations can claim jurisdictional immunity representing the state or through engaging in the"public" act empowered by the sate through comparative study of the laws of state immunity and adjudicative practices of Britain and the United States as well as the provisions of the UN Convention on Jurisdictional Immunity of State and its Property.In Chapter Four, the author studies several typical problems concerning the exception to state immunity. The author selects two principal exceptions to state immunity as the main objects of study:commercial transactions and tortuous acts.In Chapter Five, the author discusses the practices of state immunity in China and its future trend of development, and reached the conclusion that China should also adapt itself to the trend of development in the world, adopt the doctrineof restrictive immunity and make the "state immunity law" as soon as possible.The Conclusion part sums up the main contents of the dissertation. The problem of state immunity is still in the process of continuous development. China should solve the relationship between the matter of principle and the matter of flexibility, that is, Chinashould stick to the international law principle of state immunity and promote the development of universal international convention concerning state immunity, and at the same time China should also adopt flexible and diverse measures in actual international civil and commercial activities to harmonize the conflict of interest with other states as well as individuals and corporations, and subsequently China can not only protect the subjective interest of China in international civil and commercial transactions, but can also promote the smooth development of China’s foreign civil and commercial relationship.