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<p>China’s recent adoption of the Law of the People’s Republic of China on Foreign State Immunity marks a major shift from the principle of absolute state immunity to that of restrictive state immunity. Largely motivated by the desire to align more closely with the norms of the international community, this move has raised some fundamental issues in the legal arrangements between the Chinese Central Authority and Hong Kong and Macau, its two special administrative regions, which are administered under the ‘One Country, Two Systems’ formula. Before the adoption of the CFSIL, the principle of absolute immunity, which was used in Mainland China, was introduced to the SARs through a lawsuit in Hong Kong. With the adoption of the law, a number of questions have arisen regarding its implementation in Hong Kong and Macau and the legal arrangements between the Chinese Central Authority and the two special administrative regions.</p>

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China’s Shift on Foreign State Immunity and Its Legal Implications for ‘One Country, Two Systems’

  • 期刊论文

  • 发表日期：

    2025年8月25日

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  • Guangjian Tu,
  • Xiaoxuan Gu,
  • Weiqing Song

摘要

China’s recent adoption of the Law of the People’s Republic of China on Foreign State Immunity marks a major shift from the principle of absolute state immunity to that of restrictive state immunity. Largely motivated by the desire to align more closely with the norms of the international community, this move has raised some fundamental issues in the legal arrangements between the Chinese Central Authority and Hong Kong and Macau, its two special administrative regions, which are administered under the ‘One Country, Two Systems’ formula. Before the adoption of the CFSIL, the principle of absolute immunity, which was used in Mainland China, was introduced to the SARs through a lawsuit in Hong Kong. With the adoption of the law, a number of questions have arisen regarding its implementation in Hong Kong and Macau and the legal arrangements between the Chinese Central Authority and the two special administrative regions.