As we known, state has jurisdiction . While not in all the circumstances, a state or its judicial bodies can exercise its jurisdiction over the specific cases. This is the issue related to "state immunity". State immunity has two levels, the first level is exemption from the jurisdiction and the other level is exemption from the enforcement measures against state`s property. What are the theories about state immunity in modern international society? And which kind of theory does states prefer in reality? And what`s the jurisprudence behind this immunity? What kinds of actions equals to the waiver of immunity? And how can a state waive its immunity?

Question:

Which doctrine does China use in pracitse?  Give your analysis and provide some examples.

文档Sovereign (or state)immunity

Materials

1. Draft Articles on theJurisdictionalImmunities of States and Their Property

2. 1972 European Convention on StateImmunity

3. the 1976 ForeignSovereign Immunities Act(FSIA) of the United States

4. the 1978 StateImmunity Act of the UnitedKingdom (SIA)

5. the 1985 Foreign States

6. Immunities Act of Australia

• Sovereign(or state) immunity

• Theact of state doctrine

• Diplomaticimmunity

Immunityfrom the jurisdiction of courts

Otherprivileges and immunities

• Consularimmunity

• Immunitiesof international organizations

• Waiverof immunity 

Readings

1. Daniel J.Meltzer, SeminoleDecision and State Sovereign Immunity, Supreme Court Review 1 (1996).

2. ErnestA. Young, State Sovereign Immunity andthe Future of Federalism,The Supreme Court Review1-79 (1999).

3. Jerrold L.Mallory,Resolving the Confusion over Head of State Immunity: The Defined Rightsof Kings, Columbia LawReview 169(1986).

4. ErwinChemerinsky,Against SovereignImmunity, Stanford Law Review 1201-1224 (2001).

5. MichaelA. TunksSource,LawDiplomats or Defendants? Defining the Future of Head-of-StateImmunity,Duke Law Journal651-682 (2002).

6. Lori J. Shapiro,ForeignRelations Law: Modern Developments in Diplomatic Immunity,Annual Survey ofAmerican Law 281(1989).

7. Veronica L. Maginnis,LimitingDiplomatic Immunity: Lessons Learned from the 1946 Convention on the Privilegesand Immunities of the United Nations, Brooklyn Journal of International Law989 (2002).

8. Michael Shaunessy,SovereignImmunity and the Extent of the Waiver of Immunity Created by the Texas TortClaims Act, Baylor Law Review 87(2001).

9. Shobha Varughese George,Head-of-StateImmunity in the United States Courts: Still Confused after All these Years,Fordham Law Review 1051(1995).

10. A. CraigCarter,Is Sue and beSued Language a Clear and Unambiguous Waiver of Immunity, St. Mary's LawJournal 275(2003).

Questions