We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part III - Selected Areas of Chinese State Practice
Published online by Cambridge University Press: 04 January 2024
The doctrine of state immunity occupies a contentious space in China’s contemporary approach to international law. The People’s Republic of China (PRC) insists on the doctrine of absolute immunity: Chinese courts cannot exercise jurisdiction over a foreign state without its permission, nor can foreign courts exercise jurisdiction over the PRC without its consent. This position contrasts with the doctrine of restrictive immunity, which holds that domestic courts may hear a limited number of cases against foreign governments that engage in commercial activity or seize foreign-owned property. In maintaining the absolute position, China clings to the traditional view. However, recent overtures suggest that China may begin a shift, made by many other countries, towards the restrictive theory. Ultimately, this chapter is agnostic as to whether China should adopt the restrictive theory.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
