Abstract

Abstract:

The academic discourse on the rank of duly concluded treaties (DCTs) in the Chinese legal order has been in chaos for decades due to the lack of a uniform provision in the Constitution, the diversity and even contradiction of treaty-related articles (TRAs) in ordinary laws. Recent noticeable developments have occurred in Chinese legislation and judicial practice. These include the gradual deletion of TRAs in many ordinary laws, the impact of the "Belt and Road Initiative" upon the application of international economic and commercial treaties, and the diversity of application of DCTs in the courts. Although Chinese scholars have proposed to standardise the rank of DCTs in the Constitution, the amendment to the Constitution in 2018 has failed to positively respond to the proposal.

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Additional Information

ISSN
0219-8614
Print ISSN
0219-7472
Pages
pp. 135-154
Launched on MUSE
2019-12-07
Open Access
No
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