Jerry Z. Li and Sanzhuan Guo

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI:

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The Chinese Constitution is silent on the domestic status of treaties, customary international law, and other international rules. Treaties to which China is a party are generally regarded as a part of Chinese law. Chinese domestic legislation may be passed to implement treaties, and Chinese courts may directly apply treaties in some areas such as civil and commercial areas. However, not all treaties are directly applied by Chinese courts without transformation. International human rights treaties are good examples of this. International treaties should have a lower legal status than the Constitution and the basic laws, but may have the same legal force as the laws passed by the National People's Congress' Standing Committee, administrative regulations, or ministerial rules, depending on their concerned making procedures.

Keywords: Chinese law; constitutional law; domestic law; constitution; customary international law; treaties

Chapter.  19074 words. 

Subjects: Public International Law

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