Residential College | false |
Status | 已發表Published |
Adaptation of International Law in the Chinese Constitution and Legal System: New Developments | |
Wang, Chao1; Shen, Taixia2 | |
2022-08 | |
Source Publication | Chinese Journal of International Law |
Abstract | The relationship between a national constitution and international law reflects a nation’s self-positioning in the international legal regime and its reception of international law in the local context. The adaptation of international law in the Chinese Constitution and legal system determines China’s engagement and participation in the international law regime and indicates the country’s treaty performance. This paper provides an overview of the position and status of international law, including both treaties and customary international law, in China’s current 1982 Constitution and domestic legal system. It also analyzes current practice of international law in China’s judicial practice. By reference to recent developments in the PRC Constitution and domestic laws, especially the 2018 Constitutional Amendment, this article attempts to provide a contextual analysis on the standing of international law in the Chinese Constitution and legal system, in the hope that the understanding of the interplay between international law and the Chinese constitutional and legal system will help scholars and policymakers to pursue opportunities for cultural communication and reconciliation to seek normative consensus in the formation of international law. |
DOI | 10.1093/chinesejil/jmac018 |
Indexed By | SSCI |
WOS ID | WOS:000841707700001 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | DEPARTMENT OF MACAO LEGAL STUDIES |
Corresponding Author | Shen, Taixia |
Affiliation | 1.Faculty of Law, University of Macau 2.Law School & Intellectual Property School, Jinan University, Guangzhou, China |
First Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Wang, Chao,Shen, Taixia. Adaptation of International Law in the Chinese Constitution and Legal System: New Developments[J]. Chinese Journal of International Law, 2022. |
APA | Wang, Chao., & Shen, Taixia (2022). Adaptation of International Law in the Chinese Constitution and Legal System: New Developments. Chinese Journal of International Law. |
MLA | Wang, Chao,et al."Adaptation of International Law in the Chinese Constitution and Legal System: New Developments".Chinese Journal of International Law (2022). |
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