China Adopts Restrictive Theory of Foreign State Immunity
Conflict of Laws
SEPTEMBER 14, 2023
Article 5 provides that a foreign state is deemed to consent if it files suit as a plaintiff, participates as a defendant and files “an answer or a counterclaim on the merits of the case,” or participates as a third party in Chinese courts. As discussed further below, the addition of “rulings” (??) but not to “rulings.”
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