In 2023, China enacted a comprehensive law on State immunity, abandoning its traditional adherence to the absolute doctrine. The article focuses on the legal and political reasons behind the adoption of the law, namely China’s willingness to end its international isolationism in the matter of immunity, a series of lawsuits filed against it in the wake of Covid-19 pandemic, and the country’s opening up to international trade with launch of the New Silk and Road initiative. It examines the key features of the new law and the main differences between it and China’s pre-2023 approach to immunity. It also considers the broader implications of the law for the content of the customary standard in this area and for the functioning of international trade.
Marco Argentini (2024). La nuova legge cinese sull'immunità dello Stato e il conseguente possibile rilancio degli scambi internazionali. DIRITTO DEL COMMERCIO INTERNAZIONALE, 38(2), 313-334.
La nuova legge cinese sull'immunità dello Stato e il conseguente possibile rilancio degli scambi internazionali
Marco Argentini
2024
Abstract
In 2023, China enacted a comprehensive law on State immunity, abandoning its traditional adherence to the absolute doctrine. The article focuses on the legal and political reasons behind the adoption of the law, namely China’s willingness to end its international isolationism in the matter of immunity, a series of lawsuits filed against it in the wake of Covid-19 pandemic, and the country’s opening up to international trade with launch of the New Silk and Road initiative. It examines the key features of the new law and the main differences between it and China’s pre-2023 approach to immunity. It also considers the broader implications of the law for the content of the customary standard in this area and for the functioning of international trade.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.