6 - International Law in Chinese Courts

Summary

While statutory provisions regarding domestic implementation of international law often remain vague, court practice reveals the actual significance of international law within a domestic legal system. Courts in China in principle refrain from applying international treaties directly if there is no specific enabling legislation that commands them to apply such norms. However, this chapter makes use of open access court decision databases to investigate the interpretation and application of international law by Chinese courts. It analyzes a number of treaties from various areas of international law to answer questions such as: What kind of international treaties are applied by courts? Do judges give primacy to national law or to international law in case of conflicting provisions? What standards of interpretation do judges apply when interpreting international treaties? Do Chinese judges selectively adapt international norms or engage in international norm-making?