KuvausWhereas statutory provisions and government statements regarding the domestic implementation of international law often remain vague, court practice reveals the actual significance of international law within a domestic legal system. Previous research has demonstrated that courts in China, in principle, refrain from applying international treaties directly if there is no specific enabling legislation that commands courts to apply international norms. Apart from reviewing scholarly writings and analyzing legislation, the study uses open access court decision databases to investigate Chinese courts' global law interpretation and application. The study analyses several treaties from various areas of international law to answer, among other things, the following questions: What kind of international treaties are applied by courts? Do judges prioritize national or international law in case of conflicting provisions? What standards of interpretation do judges apply when interpreting international treaties? The study further analyses court practice about other sources of international law, such as international customary law. Moreover, it addresses how Chinese courts fit into global trends of applying international law in domestic courts and whether Chinese judges selectively adopt international norms or engage in international norm-making.
|Aikajakso||6 syyskuuta 2022|
|Vaikuttavuus / laajuus||Kansallinen|