Notes to Chapter Three
1.See http：//www.globalsecurity.org/military/world/china/aew-PRC.htm,last visited on March 1,2017.
2.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 144 (Huang Jin ed.,2nd ed.,2004).
3.J.H.C.MORRIS,THE CONFLICT OF LAWS 30 (14th ed.,1993).
4.Dahai Qi,State Immunity,China and Its Shifting Position,7 CHINESE J.OF INT’L L.,311(2008).
5.Dralle v.Republic of Czechoslovakia 17 ILR,155(1950).
6.26 Department of State Bulletin,984 (1952).
7.DAVID P.STEWART,THE FOREIGN SOVEREIGN IMMUNITIES ACT: A GUIDE FOR JUDGES,FEDERAL JUDICIAL CENTER 8,47(2nd ed,2018).
8.The Philippine Admiral [1977] A.C.373.
9.Trendtex Trading Corporation v.Central Bank of Nigeria [1977] Q.B.529.
10.J.H.C.MORRIS,THE CONFLICT OF LAWS 52 (14th ed.,1993).
11.See e.g.E.Denza,The 2005 UN Convention on State Immunity in Perspective,55 ICLQ,395(2006); R.Gardiner,UN Convention on State Immunity: Form and Function,55 ICLQ,407 (2006); G.Hafner and L.Lange,La Convention des Nations Unies sur les Immunite´s Jurisdictionnelles des E´ tats et de Leurs Biens,50 AFDI,45 (2004).
12.Dahai Qi,State Immunity,China and Its Shifting Position,7 CHINESE J.OF INT’L L.,315 (2008).
13.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 148 (Huang Jin ed.,2nd ed.,2004).
14.Huang Jin and Ma Jingsheng,Immunities of States and Their Property: The Practice of the People’s Republic China,HAGUE YEARBOOK OF INTERNATIONAL LAW 163 (1988).
15.Zhonghua Renmin Gongheguo Waiguozhongyangyinhang Caichan Sifaqiangzhicuoshihuomianfa [Law of the People’s Republic of China on Judicial Immunity from Compulsory Measures concerning the Assets of Foreign Central Banks] (2005) (PRC).
16.Dahai Qi,State Immunity,China and Its Shifting Position,7 CHINESE J.OF INT’L L.,316 (2008).
17.Zhonghua Renmin Gongheguo Waijiao Tequanyu Huomianfa[Regulations on Diplomatic Privileges and Immunities of People’s Republic of China](1986)(PRC); Zhonghua Renmin Gongheguo Lingshi Tequanyu Huomianfa[Regulations on Consular Privileges and Immunities of People’s Republic of China](1990)(PRC).
18.Huang Jin and Ma Jingsheng,Immunities of States and Their Property: The Practice of the People’s Republic of China,HAGUE YEARBOOK OF INTERNATIONAL LAW 166 (1988).
19.Dahai Qi,State Immunity,China and Its Shifting Position,7 CHINESE J.OF INT’L L.,319 (2008).
20.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 149 (Huang Jin ed.,2nd ed.,2004).(https://www.daowen.com)
21.Huang Jin and Ma Jingsheng,Immunities of States and Their Property: The Practice of the People’s Republic of China,HAGUE YEARBOOK OF INTERNATIONAL LAW 171 (1988).
22.550 F.Supp.869.
23.28 U.S.C.§§ 1330,1391 and 1602 et seq.
24.The Details of this case,see Monroe Leigh,Judicial Decision,AM.J.INT’L L.146 (1987).
25.Huang Jin and Ma Jingsheng,Immunities of States and Their Property: The Practice of the People’s Republic of China,HAGUE YEARBOOK OF INTERNATIONAL LAW 177 (1988).
26.Reproduced in 22 INTERNATIONAL LEGAL MATERIALS 81 (1983).
27.Huang Jin and Ma Jingsheng,Immunities of States and Their Property: The Practice of the People’s Republic of China,HAGUE YEARBOOK OF INTERNATIONAL LAW 178 (1988).
28.For instance,Scott v.The People’s Republic of China (No.CA3-79-0836 D.,N.D.Tex.Filed.June 29,1979),Yang Rong v.Liaoning Province Government (371 U.S.App.D.C.507; 452 F.3d 883,2006 U.S.).
29.Dahai Qi,State Immunity,China and Its Shifting Position,7 CHINESE J.OF INT’L L.,307-337 (2008).
30.Id.,at 1326.
31.C.f.AMERASINGHE,PRINCIPLES OF THE INSTITUTIONAL LAW OF INTERNATIONAL ORGANIZATIONS 322 (2005).
32.MALCOLM N.SHAW,INTERNATIONAL LAW 1309-1310 (6th ed.,2008).
33.Yang Rong,Rhea Yeung,and Broadsino Company Ltd.v.Liaoning Province Government,C.Cas.03-1687RBW (D.C.2003).
【注释】
[1]The four articles of this Law are as follows:
Article 1.The People’s Republic of China endow the asset of foreign central banks with judicial immunity of compulsory measures of assets save and implementation,however,in case the foreign central banks or the countries give up in written form,or the assets are appointed to be used in assets save and implementation,the judicial immunity of compulsory measures will be remained.
Article 2.Foreign central banks in the measures refer to central banks and finance administration organs with functions of central bank of foreign countries and organizations of integration of regional economies.Assets of foreign central banks in the Measures refer to cash,bills,deposits,valuable securities,foreign exchanges reserves,gold reserves,real proprieties and other possession of foreign banks.
Article 3.For countries that do not provide assets of the Central Bank of the People’s Republic of China and finance administration organs of Special Administration Regions with judicial immunity,or provide immunity below the Measures,the People’s Republic of China will deal with in line with principle of reciprocity.
Article 4.The Measures takes effect as of the date ot its promulgation.
[2]It should be mentioned that on September 14,2005,China affixed its signature to the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property,but so far the Convention has not been ratified by the National People’s Congress; therefore,it has not entered effect in China.
[3]Article 11 of the Convention provides that “[W]ith respect to ships owned by a Contracting State and used for commercial purposes,each State shall be subject to suit in the jurisdictions set forth in Article IX and shall waive all defences based on its status as a sovereign State.”
[4]Nonetheless,WTO is still somewhat different from the UN,for instance,Hong Kong and Taiwan,as independent economies,have joined the former,but they cannot be a party to the latter.
[5]See e.g.articles IX(2) and VII(2) respectively of the Articles of Agreement of the International Monetary Fund and the International Bank for Reconstruction and Development.See also article 16 of the Constitution of the Food and Agriculture Organization,article 6 of the Constitution of the World Health Organization and article 12 of the Constitution of UNESCO.
[6]Yang Rong was listed as one of China’s 100 richest business people by Forbes in 2002.Yang has obtained US citizenship and went to live in the United States in June 2002.In October 2002,the Liaoning Provincial Procuratorate ratified the arrest of Yang Rong as an appropriator of State-owned assets.On September 29,2003,Bo Xilai,governor of Liaoning Province,stated that Yang Rong was not a private entrepreneur at all,but an agent entrusted by the government to run state-owned assets in the group,thus refuting Yang’s private entrepreneur identity.See www.forbes.com; www1.chinadaily.com.cn/en/doc/ 2003-09/30/content_268883.htm.