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Columbia Law School
Volume 01, Number 1, Fall 1987
SOVEREIGN IMMUNITY: CHINESE VIEWS AND PRACTICES
Wang Houli
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.

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