Research On The Dispute Settlement Method Of State Responsibility System From The Perspective Of State Immunity

This paper makes a comparative analysis of the relationship between the state responsibility system and the state immunity system from both horizontal and vertical dimensions,as well as static and dynamic states.From the horizontal and static point of view,this paper analyzes the differences between the state responsibility system and the state immunity system in the origin,nature and value of the system,as well as the similarities in the applicable subjects and characteristics of the system.Then,from the point of view of whether a state's state responsibility can be investigated by means of domestic litigation,this paper analyzes the intersection and contradiction of the state responsibility system from the vertical and dynamic perspectives.In particular,since the subject criterion of the regime of state responsibility is broader than that of the regime of state immunity,when the subject of an internationally wrongful act does not meet the requirements of state immunity,where the subject of the Act does not enjoy immunity,the injured party may pursue its responsibility through domestic proceedings,or where the subject of the internationally wrongful act also meets the subject criterion of state immunity,however,when the internationally wrongful act does not meet the standard of conduct of the regime of state immunity(that is,when the Act is a nonsovereign Act of the state),the injured party may also be held responsible through domestic proceedings,at this point the system of state responsibility and the system of state immunity are linked,which is the intersection of the two.At the same time,the author points out the possible consequences of the above-mentioned cross-point through the case of the United States against China's new crown disease.Of course,when the subject of an internationally wrongful act meets the subject criteria of both the regime of state responsibility and the regime of state immunity,but is a sovereign act of the state,the injured party can not pursue the state responsibility of a state through domestic litigation because of the system of state immunity,which is the contradiction between the two.