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Chinese Journal of International Law Advance Access originally published online on June 18, 2008
Chinese Journal of International Law 2008 7(2):307-337; doi:10.1093/chinesejil/jmn028
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© The Author 2008. Published by Oxford University Press. All rights reserved

State Immunity, China and Its Shifting Position

QI Dahai *

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.

* Master of Arts, the Fletcher School of Law and Diplomacy, Tufts University (2007–08), USA; Master of Law, Law School, Jilin University (1996–99), China; Bachelor of Arts, Fudan University (1992–96), China (email: dahaiqi{at}yahoo.com). This paper was completed on 15 April 2008.


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