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Chinese Journal of International Law Advance Access originally published online on January 23, 2007
Chinese Journal of International Law 2007 6(1):67-81; doi:10.1093/chinesejil/jml053
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© The Author 2007. Published by Oxford University Press. All rights reserved

State Immunity from Measures of Constraints for the Property of Foreign Central Banks: The Chinese Perspective

Lijiang Zhu*

Correspondence: * Lecturer of International Law, China University of Political Science and Law (CUPL), Beijing, People's Republic of China; LL.D. (Peking University), LL.M. (Lund University, Sweden), LL.B. (Peking University). e-mail: lijiangz{at}cupl.edu.cn. This paper takes account of materials as of 20 October 2006.

As China's first law concerning state immunity, the Law on Judicial Immunity from Measures of Constraint for the Property of Foreign Central Banks of 2005 grants special protection to the property of foreign central banks in the People's Republic of China (PRC), including Hong Kong Special Administrative Region (SAR) and Macau SAR. Although the Law itself does not reflect the restrictive immunity doctrine, the PRC's signature of the United Nations Convention on Jurisdictional Immunities of States and Thesis Property in 2005 might signal a message that the PRC has switched from its traditional absolute immunity stance to accept relative immunity in international law. The Law also reiterates the traditional stance to the principle of reciprocity in state immunity.


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