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Adaptation of International Law in the Chinese Constitution and Legal System: New Developments
Wang, Chao1; Shen, Taixia2
2022-08
Source PublicationChinese 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.

DOI10.1093/chinesejil/jmac018
Indexed BySSCI
WOS IDWOS:000841707700001
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Document TypeJournal article
CollectionDEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorShen, Taixia
Affiliation1.Faculty of Law, University of Macau
2.Law School & Intellectual Property School, Jinan University, Guangzhou, China
First Author AffilicationFaculty 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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