A Landmark Change from Absolute to Restrictive Immunity : A Commentary on Foreign Sovereign Immunity Law of the People's Republic of China

Huo, Zhengxin

Osaka University Law Review, 2025, 72, 79-90

Number of Access:116（2025-04-24 06:39 Counts）

Identifier to cite or link to this item: https://hdl.handle.net/11094/100522

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Title
A Landmark Change from Absolute to Restrictive Immunity : A Commentary on Foreign Sovereign Immunity Law of the People's Republic of China
Creator
CreatorName
Huo, Zhengxin
Description
Articles
Abstract
On 1 September 2023, the Chinese national legislature adopted the‘Law of the People's Republic of China on Foreign State Immunity’. Comprising 23 articles, the Law represents a landmark change in China’s foreign state immunity doctrine from absolute to restrictive immunity. The Law deals with a foreign state’s immunity and property from civil lawsuits in Chinese courts and judicial enforcement in the People’s Republic of China, representing a new chapter for foreign states in Chinese courts. The adoption of the restrictive immunity doctrine significantly increases the scope of proceedings to be pursued against foreign states with respect to their commercial transactions and enforcement actions to be implemented against foreign states’ commercial assets within China. Parties entering commercial transactions with foreign states will benefit from this law in the event that a dispute arises, and thus, enforcing their rights against a state in Chinese courts becomes necessary.
Publisher
Graduate School of Law and Politics, Osaka University
Source Title
Osaka University Law Review
Volume (Issue)
72
Page
79-90
Date of Issued
2025-02
Language
English
Handle URL
https://hdl.handle.net/11094/100522
PISSN
04721381
NCID
AA00328406
Access Rights
open access
oaire:version
Version of Record
Category
紀要論文 Departmental Bulletin Paper
Osaka University Law Review / Number 72　(2025/2)