The Jurisdiction Of The Theory Of National Exemption Exception

State immunity is one of the most important, most complicated problems inmodern international law. When a state is sued in a foreign country,whether it caninvoke the state immunity to avoid the jurisdiction of the foreign court matters muchto its vital interests,involving the sovereign equality of States. With the increasingdeepening of foreign economic activities among countries, its significance revealseven more clearly.Dating back to the forming periods of state immunity, there has been disputesbetween Absolute immunity theory and Restrictive immunity theory.since the20thcentury, the latter gradually gained a dominant position in this area.Some of the mostimportant international documents and the representative domestic laws confirmedthat sovereign countries are entitled to invoke State immunity,while making a lists ofexceptions under which circumstances sovereign countries should refrain fromexercising such rights.This dissertation takes state immunity as the research object, based on theprovisions of most representative domestic legislation as well as the most influentialinternational treaties, aimed at presenting a comprehensive analysis of the mostwidely-recognized State immunity exceptions.Chapter One briefly states the fundamental issues of state immunity such asdefinition，clarification,legal source,theoretical basis,etc.and presenting a relativelythorough comparison of the Restrictive theory and the Absolute theory.Chapter Two focuses on commercial transaction exception,the most common andthe most controversial exception.Based on the related domestic and internationallegislation, the author is trying to clarify the definition of commercial transaction, aswell as the subjects engaging in commercial transaction,and to set up the criterion ofwhether an activity of the country can be judged as a commercial transaction which ishardly distinguishable in legal practice.Chapter Three concerns tort exception in which the sovereign countries engaged,giving a summary of such issue and pointing out the circumstances under which domestic Court can exercise jurisdiction to such case,with last paragraph discussingcases involving violation of human rights which also matters State immunity issues.Chapter Four describes the exception of arbitration agreement, with part oneelaborating the relationship between State immunity and arbitration and the arbitrationagreement, part two defining the the range of exceptions a State may not invoke incase of an arbitration agreement exists to which a state is one party.Chapter Five first analyzes China’s current principal position on this issue,withan analysis of China’s basic attitude reflected in adoption of the "United NationsConvention on States immunity ", as well as the related legislative and judicialpractice.Then the author is trying to put forward the guideline China should adhere toand the measures to be taken on this issue in the new historical situation.