Codified Choice of Law in China: Rules, Processes and Theoretic Underpinnings
Temple University - James E. Beasley School of Law
February 27, 2012
North Carolina Journal of International Law and Commercial Regulation, Vol. 37, No. 1, p. 83, 2011
Temple University Legal Studies Research Paper No. 2012-07
Choice of Law as a conflict of laws mechanism to resolve the disputes arising from the cross-border civil and commercial activities has become a pressing matter in China as a result of the rapid economy growth and significant increase of foreign business engagement in the country. The Adoption of the Choice of Law Statute is the latest development in the conflict of laws legislation in China. Driven by the need to cope with ever escalating civil disputes that contain foreign elements, the Choice of Law Statute is intended to provide a choice of law legal scheme by which the application of law is to be dealt with in a more certain and predictable way.
In comparison with other countries, China does not have a rich experience in conflict of laws both in theory and in practice. The Choice of Law Statute draws a great deal of references from foreign laws and international conventions. In the meantime it strikes to stand on the footing of Chinese reality in conjunction with a desire to develop the choice of law rules and theories of China. As a matter of fact, in the Choice of Law Statute a quite number of foreign approaches and international rules in choice of law are being combined with the existing practice and legislative preference of the nation. Still, many issues remain yet to be solved.
Number of Pages in PDF File: 76
Keywords: China, Choice of Law Statute, international law, foreign law, public policy
JEL Classification: K00, K33
Date posted: November 17, 2011 ; Last revised: February 28, 2012