The Research On State Immunity

In 2012,the International Court of Justice gave a judgment of state immunity on Germany v.Italy case.The court held that Germany,as a sovereign state,enjoys state immunity,while Italy does not have jurisdiction to Germany.The judgment triggered a heated international discussion.The main dispute focus on w hether Ital y’s exercise of jurisdiction and its enforcement of German property was legal,whether it is reasonable for Italy’s recognition and enforcement of the judgment of the Greek court,whether the reasons given by the Italian Constitutional Court for refusing to implement the judgment of the International Court of Justice are reasonable and whether judges’ different opinion of the International Court of Justice on the judgment of the case is reasonable.In the end,based on the current status of state immunity in China,the author analyzes the impact of this case to China’s civil claim against Japan and enlightenment.In the first chapter,the author introduces the basic facts and raises the four controversial issues which is related to jurisdictional immunity.I n the second chapter,the author the important points of this paper and studies the four focus issues in detail in order to refute the judgments of the International Court of Justice.And then the author draw the conclusion that in terms of State Immunity,especially in immunity from jurisdiction,it is legal for Italy to exercise its jurisdiction,and it is legal to take compulsory measures against German property.Then the author studies the rationality of Italy’s recognition and enforcement of the judgme nt of the Greek court,reasons given by the Italian Constitutional Court for refusing to implement the judgment of the International Court of Justice and whether judges’ and different opinion of the International Court of Justice on the judgment of the case.In the third chapter,based on the current status of state immunity in China,according to the current status in China,the author discovers the negative impact on China’s civil claim against Japan and offers reference for the issue.In the end,in theor y and practice,China should turn to restrictive immunity principle to accelerate up immunity legislation process.Only in this way,can we maintain our international interests and improve international influence.Under the different state immunity in the international stage and Japan’s violation of international jus cogens,domestic courts of China should have jurisdiction in terms of China’s civil claim against Japan in order to protect human rights.