CYIL vol. 11 (2020)

YLLI DAUTAJ CYIL 11 (2020) its work during the fifty-fourth and fifty-fifth sessions of the General Assembly, and States were able to make progress on some important questions, thus we are hopeful that a convention could be adopted. Efforts are still needed to resolve the remaining substantive questions, but discussion in the Sixth Committee during the past two sessions of the Assembly indicates that it is possible for States to achieve consensus on those questions. 71 Letter from the MFA in 20 1. China considers that the issue of state immunity is an important issue which affects relations between states. The long-term divergence of the international community on the issue of state immunity and the conflicting practices of states have had adverse impacts on international intercourse. The adoption of an international convention on this issue would assist in balancing and regulating the practices of states, and will have positive impacts on protecting the harmony and stability of international relations. 2. In the spirit of consultation, compromise and cooperation, China has participated in the negotiations on the adoption of the Convention. Although the final text of the Convention was not as satisfactory as China expected, but as a product of compromise by all sides, it is the result of the co-ordination efforts made by all sides. Therefore, China supported the adoption of the Convention by the [UNGA]. 3. China signed the Convention on 14 September 2005, to express China’s support of the above coordination efforts made by the international community. However, until now China has not yet ratified the Convention, and the Convention itself has not yet entered into force. Therefore, the Convention has no binding force on China, and moreover it cannot be the basis of assessing China’s principled position on relevant issues. 4. After signature of the Convention, the position of China in maintaining absolute immunity has not been changed, and has never applied or recognized the so-called China firmly upholds the principle of State immunity as one of the important legal principles for maintaining orderly development of inter- State relations. China’s courts do not and have not exercised jurisdiction in cases against foreign states and/ or their property. In the meantime, China does not acknowledge or accept the jurisdiction of foreign courts in cases against China and/ or her property. China’s position on State immunity is normally referred to as ‘absolute immunity’, which has been reflected in the formal declarations and practices of the Chinese Government, as a legal fact widely acknowledged by the international community. 73 71 United Nations General Assembly, Fifty-sixth session, Convention on jurisdictional immunities of States and their property, Report of the Secretary General, Comments (reply from China, 19 July 2001) A/56/150. For further discussion on the Chinese objection to the approach in determining the nature of the transaction, see also NC 6152lSR 26 5 (GA) Sixth Committee 20th meeting. Discussed in Bankas, (n 17) 193. 72 Letter. 73 Shan & Wang, (n 7). principle or theory of ‘restrictive immunity’ […]. 72 Declaration of the Standing Committee in 2011


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