Theory and Practice of Foreign Sovereign Immunity in the United States

Source: iolaw.cssn.cn | 2022.1.13  

 

 

Li Qingming, Theory and Practice of Foreign Sovereign Immunity in the United States, Beijing: People’s Daily Publishing House, December 2021.

 

This book is the preliminary research result of the large-scale CASS research project "The Belt and Road Legal Risk Prevention and Legal Mechanism Construction", led by Professor Mo Jihong, current director of CASS Institute of Law and former director of CASS Institute of International Law. China's sovereign immunity in the United States has always been an important issue affecting Sino-US relations. This book discusses the theory, law, politics and diplomatic practice of the United States in matters of state immunity. Based on the legislation of the United States Congress and the amicus curiae submissions, declarations of interest, "immunity proposals" and precedents of the United States courts, especially the federal courts, submitted by the United States government, it summarizes the issue of sovereign immunity of foreign governments, state-owned enterprises and public institutions, and government officials in litigation in U.S., and outlines how China should deal with China-related sovereign immunity lawsuits. On the basis of an overview of the legal history and framework structure of foreign sovereign immunity in the United States, this book introduces the subjects that can claim sovereign immunity, analyzes the issue of personal jurisdiction, especially the issue of service of judicial documents, and discusses other issues relating to sovereign immunity litigation, including procedural rules, and rules on the choice of law and judgment by default, focusing on exceptions to jurisdictional immunity and execution immunity, thereby providing new information, perspectives and inspiration for those in theoretical and practical circles engaged in foreign-related business.

 

 

The author of this book, Dr. Li Qingming, is an associate research fellow at and deputy head of the Private International Law Department of CASS the Institute of International Law and an editor of the journal Chinese Review of International Law. His main research fields are private international law, international civil procedure law, and international commercial arbitration. He has published many books, including the monograph Research on the US Alien Tort Claims Act (Wuhan University Press, 2010) and the translated book The new Role of Comity in Private Procedural International Law (China Social Science Press, 2011) and more than 30 academic papers and translated works in Global Law Review, Chinese Review of International Law and other law journals.