Engagement of Chinese Courts with International Law

Abstract Despite the lack of clear constitutional framework concerning the status of international treaties in the Chinese legal order, a number of Chinese laws stipulate to varying degrees the possibility of applying international treaties domestically. These laws provide a strong basis for Chinese courts to engage with international law. Additionally, judicial interpretations formulated by the Supreme People’s Court give concrete guidance to courts to use international treaties in judicial practice. Generally speaking, the practice of Chinese courts appears to be mostly one of alignment with international treaties. In certain circumstances, a treaty may override conflicting domestic law. Courts also take into consideration treaties in the construction of consubstantial domestic norms. This general alignment posture notwithstanding, Chinese courts occasionally engage in avoidance strategies especially in dealing with human rights treaties. Overall, clear constitutional foundation is needed for more extensive engagement of Chinese court with international law.