INTERNATIONAL TREATIES IN CHINESE PRIVATE INTERNATIONAL LAW

The status of international treaties in private international law is controversial and uncertain. The major concern is whether the conflict of laws theory permits treaties, as non-state law, to govern disputes. Chinese legislation do not include any provisions clarifying if international treaties can be applied as the applicable law in China. This situation has not been improved after China enacted and enforced the Law of the People's Republic of China on the Applicable Law regarding Foreign-Related Civil Relations. This article aims to explore the application of international treaties in Chinese private international law from both theoretical and practical perspectives. It is concluded that the status of international treaties in Chinese private international law is uncertain and divergence exists in judicial practice. The author suggests the issue to be clarified in the later legislation or judicial interpretation and the general practice adopted internationally should be followed by permitting the parties to choose only state law but to incorporate international treaties as non-state law into contracts and enforcing them as contract terms.