FG Hemisphere Associates v. Democratic Republic of the Congo

(2014) 108(4) American Journal of International Law 776-82

7 Pages Posted: 30 May 2015

See all articles by Shen Wei

Shen Wei

Shanghai Jiao Tong University Law School

Date Written: May 27, 2015

Abstract

State immunity is an important public international law issue to China which places more emphases on state sovereignty in its international law practice. FG Hemisphere Associates LLC v. Democratic Republic of the Congo & Ors therefore is exceptionally important to affirm China's stance on the state immunity doctrine. Once again, as confirmed in this case, the absolute state immunity doctrine is firmly applied in such cases that involve China (including Hong Kong and Macau) unless there is an explicit waiver.

Keywords: Sovereign immunity, restrictive theory, commercial arbitration

Suggested Citation

Wei, Shen, FG Hemisphere Associates v. Democratic Republic of the Congo (May 27, 2015). (2014) 108(4) American Journal of International Law 776-82. Available at SSRN: https://ssrn.com/abstract=2611086

Shen Wei (Contact Author)

Shanghai Jiao Tong University Law School ( email )

No.1954 Huashan Road
Shanghai, Shandong 200030
China

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