| Since
the establishment of diplomatic relations between the People's Republic of
China and the United States in 1979, the Sino-U.S. relationship has
undergone substantial development. In the legal field, for example, a
series of agreements have been reached on such diverse issues as nuclear
energy cooperation, avoidance of double taxation, scientific and technical
cooperation, and exploitation of marine resources. Over the past few
years, the legal communities of both countries, including lawyers, judges,
and law professors, have been exchanging visits with increasing frequency.
Teachers and students from each country are teaching and studying in law
schools and universities of the other. Lawyers have become increasingly
involved in trade and economic transactions between the two nations.
Increasing numbers of conferences, symposia, and seminars on legal and
economic questions are being held jointly by scholars and practitioners
from both countries. In short, legal ties between China and the United
States have become stronger and broader than ever before.
At
the same time, however, legal problems, or problems with legal elements,
have arisen occasionally between China and the United States. Examples
include disputes over the Taiwan Relations Act, China's diplomatic
properties in the United States, United States arms sales to Taiwan, and
private lawsuits in United States courts against the Chinese government.
This shows that legal issues constitute an important aspect of our
bilateral relationship. Finding proper solutions to existing and future
legal problems, so as to make the legal factor a positive one in the
promotion of our overall relationship, remains a common task before us
all. Legal workers from both sides have a great deal to do in this
respect.
In
the last few years, several legal actions have been instituted in United
States courts against the Chinese government which have caused concern in
both countries. One common question in these actions is that of sovereign
immunity. This subject is not only relevant to Chinese attitudes towards
international law but also bears on the Sino-U.S. relationship.
I
once asked a well-known American law professor what, in his opinion, was
the single most important international law question at present. He
answered, "Perhaps sovereign immunity." This may not be too much
of an exaggeration. There are scholars from other countries who have the
same opinion. This question is of great significance both from the point
of view of academic inquiry and from that of practical application. If the
volumes of literature written on sovereign immunity are examined, and the
number of lawsuits relating to the question are considered, the
significance of the question of sovereign immunity and its relevance to
people in the legal profession become immediately clear. |