Die Immunität ausländischer Staaten im Recht der Volksrepublik China

Immunity of Foreign States Under the Law of the People's Republic of China. The Law of 1 September 2023 as an Instrument for the Shaping of Customary International Law. The Law of the PR of China on the Immunity of Foreign States (Immunity Law) has been adopted by the Standing Committee of the National People's Congress and entered into force on 1 January 2024. The law is a legislative measure to establish a »foreign-related rule of law« that is directed both inwards and outwards. Inwardly, it means that the courts of the People's Republic of China are now entitled to hear lawsuits brought against foreign states. Outwardly, the Immunity Law enables China to actively participate in the development of customary international law, as many rules regarding restrictive immunity have still not been conclusively clarified. Active participation of this nature is a declared goal of foreign-related rule of law as proclaimed under Xi Jinping, seeking namely to give Chinese law a higher status at the international level and to allow the Chinese government and Chinese courts to influence the shaping of international legal norms.