Post by Sapphire Capital on Aug 11, 2008 21:09:31 GMT 4
State Immunity, China and its Shifting Position
Dahai Qi
Chinese Journal of International Law, Vol. 7, Issue 2, pp. 307-337, 2008
Abstract:
This paper argues that China may well consider a probable shift of its position on the principle of State immunity from the absolute doctrine to the restrictive doctrine for the purpose of better accommodating the rapid growth of the private sector in China's economic structure and significantly enhancing the judicial protection of the interest of Chinese private entities actively involved in international commerce since the 1990s. This paper makes a brief study of China's past practice and position in relation to State immunity, offers an analysis of the rationale for a position shift, recommends means to facilitate the shift and comments on some relevant principal legal issues about which China may have legitimate concerns.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1158280
Dahai Qi
Chinese Journal of International Law, Vol. 7, Issue 2, pp. 307-337, 2008
Abstract:
This paper argues that China may well consider a probable shift of its position on the principle of State immunity from the absolute doctrine to the restrictive doctrine for the purpose of better accommodating the rapid growth of the private sector in China's economic structure and significantly enhancing the judicial protection of the interest of Chinese private entities actively involved in international commerce since the 1990s. This paper makes a brief study of China's past practice and position in relation to State immunity, offers an analysis of the rationale for a position shift, recommends means to facilitate the shift and comments on some relevant principal legal issues about which China may have legitimate concerns.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1158280