Two Sessions 2020: coronavirus lawsuits spur call in China for rethink on state immunity
- Lawmakers say the time right for the country to let Chinese citizens sue foreign governments in its courts
- Submission to NPC comes amid legal claims overseas demanding that Beijing pay compensation for the pandemic
Ma, a researcher at the Beijing Academy of Social Sciences’ Institute of Law, said legislation should be enacted to support claims by Chinese plaintiffs against foreign governments, and give Chinese courts the jurisdiction over foreign states’ assets.
He said the absence of such a law in China put the country at great disadvantage when dealing with foreign litigation.
“Due to the lack of legislation, the rights and interests of the parties in our country cannot be guaranteed through the domestic justice system but our government is frequently … a defendant in foreign courts,” Ma said.
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As a general principle of international law, a sovereign government cannot be sued in a foreign court. But many countries, such as the United States, do allow for some exceptions such as victims suing state sponsors of terrorism.