Why China is changing its laws to allow court action against foreign states

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Author: Hayley Wong

  • Analysts say changes had been in the pipeline for a long time, but Beijing was spurred to act because of concerns about its increasing investments abroad
  • The move aligns the country with international norms, but some concerns have been raised about protections for lower-ranked officials
Why China is changing its laws to allow court action against foreign states
Illustration: Brian Wang

China’s recent decision to allow legal action against foreign states indicates its increased willingness to use legal means to defend its national interest, analysts have said.

From January 1 next year, sovereign states and their property will no longer be fully immune from prosecution in China.

China will move to allow cases concerning commercial activities and territorial torts – defined as cases involving death or injury, or damage to property – from foreign state representatives, including diplomats, to come to court.

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