Chinese Law and International Treaties

The influence of international law, in particular international treaties, on the Chinese legal order has been the subject of many studies published in English that focus on the period prior to the early 1990s. This article investigates the relationship between Chinese law and international treaties, particularly focussing on how this area has developed during the past 15 years following the reform and opening policy. The position of the People’s Republic of China (PRC) will be analysed with respect to the abstract relationship between international law and municipal law, treaty-making competence, legal doctrine of treaty application, legislative and adjudicative practice of treaty application in addition to the rank of treaties within the municipal legal system.