A Review on English Practice and Law about State Immunity in International Commercial Arbitration and Future Concerns about China
State immunity is one of the most significant and complex issues in international law and arbitration is a preferable way of dispute resolution for intemational commercial disputes.When a state or state-owned entity enters into the arbitration with a private subject, in most cases,the issue of state immunity will occur accordingly.This paper illustrates doctrines of state immunity and analyzes the reason why the main trend of state immunity theories has begun to shift from absolute doctrine to restrictive doctrine since the middle of 20th century.Many of western countries including the UK have enacted relevant state immunity law and some multilateral conventions have been signed in recent decades.After providing an analysis of the UK State Immunity Act 1978 which plays a remarkable role in the progress of state immunity legislation, through focusing the practice of the UK courts in some typical cases, the paper will look into the deeper reasons why the restrictive doctrine becomes increasingly popular in international commercial arbitration and interpret some essential issues of state immunity.Then,through introducing some improvement of Chinese international transaction and a Chinese international commercial arbitration case concerning the state immunity issue, further attention would be paid on Chinese attitude towards the theory of state immunity.The aim of the study is to take the UK as lessons and advance the theoretical development in the area of state immunity in China.Such advancement would not only perfect the research of international law and international commercial arbitration in China but also enhance the commercial transactions at the recent time.
State immunity restrictive doctrine State Immunity Act 1978 China
殷峻
武汉大学国际法研究所
国内会议
广州
英文
277-294
2015-11-14（万方平台首次上网日期，不代表论文的发表时间）