The Delineation of Treaty-Making Powers between the Central Government of the People's Republic of China and the Special Administrative Region of Hong Kong

Chinese (Taiwan) Yearbook of International Law and Affairs, Vol. 31, p. 116–135, 2013

20 Pages Posted: 27 Aug 2016

See all articles by Björn Ahl

Björn Ahl

Institute of East Asian Studies, University of Cologne

Date Written: 2013

Abstract

This article investigates treaty making by the People’s Republic of China (‘China’) and its Special Administrative Region of Hong Kong (‘HKSAR’) with a focus on the delineation of treaty-making powers between the Central Government and the Region. Though China is a unitary state, the Region of Hong Kong enjoys farreaching autonomy that allows it to maintain its capitalist system and own institutions, independent judicial authority and a legal system that is separate from Mainland China. The autonomy of the HKSAR includes the power to conclude certain international agreements on its own. This study of treaty-making powers takes a doctrinal approach. It analyses Chinese and HKSAR legislation including scholarly views and the relevant treaty-making practice.

Keywords: Hong Kong Treaty-Making Powers, Chinese Central Government, External Powers, Delineation of Treaty-Making Powers

Suggested Citation

Ahl, Björn, The Delineation of Treaty-Making Powers between the Central Government of the People's Republic of China and the Special Administrative Region of Hong Kong (2013). Chinese (Taiwan) Yearbook of International Law and Affairs, Vol. 31, p. 116–135, 2013. Available at SSRN: https://ssrn.com/abstract=2830222 or http://dx.doi.org/10.2139/ssrn.2830222

Björn Ahl (Contact Author)

Institute of East Asian Studies, University of Cologne ( email )

Albertus-Magnus-Platz
Cologne, 50923
Germany
+492214705421 (Phone)

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