Book contents
- The Cambridge Handbook of China and International Law
- The Cambridge Handbook of China and International Law
- Copyright page
- Contents
- Figures
- Contributors
- Foreword
- Acknowledgements
- Abbreviations
- Introduction
- Part I Taking Centre Stage in Global Governance and the International Legal Order
- Part II Interfaces between National and International Law
- 4 The Constitution of China and International Law
- 5 Chinese and Western Perspectives on the Rule of Law and Their International Implications
- 6 International Law in Chinese Courts
- Part III Selected Areas of Chinese State Practice
- Part IV International Peace and Security
- Part V Human-Centred International Law
- Part VI The Habitat and the Global Commons
- Part VII International Economic Law
- Part VIII International Dispute Settlement
- Index
6 - International Law in Chinese Courts
from Part II - Interfaces between National and International Law
Published online by Cambridge University Press: 04 January 2024
- The Cambridge Handbook of China and International Law
- The Cambridge Handbook of China and International Law
- Copyright page
- Contents
- Figures
- Contributors
- Foreword
- Acknowledgements
- Abbreviations
- Introduction
- Part I Taking Centre Stage in Global Governance and the International Legal Order
- Part II Interfaces between National and International Law
- 4 The Constitution of China and International Law
- 5 Chinese and Western Perspectives on the Rule of Law and Their International Implications
- 6 International Law in Chinese Courts
- Part III Selected Areas of Chinese State Practice
- Part IV International Peace and Security
- Part V Human-Centred International Law
- Part VI The Habitat and the Global Commons
- Part VII International Economic Law
- Part VIII International Dispute Settlement
- Index
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?
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- The Cambridge Handbook of China and International Law , pp. 113 - 130Publisher: Cambridge University PressPrint publication year: 2024