Prof. Guangjian Tu
Netherlands International Law Review
Prof. Guangjian Tu, Professor of the Faculty of Law at UM and a member of the APAEM Financial Innovation Team, has co-authored a paper with Ms. Xiaoxuan Gu, a PhD student in law at UM, and Prof. Weiqing Song, Associate Professor at the Faculty of Social Sciences of UM. The paper, titled “China’s Shift on Foreign State Immunity and Its Legal Implications for ‘One Country, Two Systems’”, has been published in the Netherlands International Law Review (Q1, 5-Year Impact Factor: 1.0).
This article explores legal issues of state immunity under the “One Country, Two Systems” framework, specifically examining whether foreign state financial assets are subject to jurisdiction and enforcement by Chinese courts and arbitral bodies, including those in Hong Kong and Macao.
Abstract:
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.
For details: https://doi.org/10.1007/s40802-025-00279-7