11th September 2008
For the last 30 years, the Chinese government has engaged in the restructuring of the Chinese economic and administrative system. As part of this process, it has worked on the recreation of the judicial and legal systems in China. As Chinese companies expand their operations into the rest of world, and China increases its integration into the world economy, it can be expected that the application of Chinese law outside China, either through extraterritorial legislation (as in the case of the new Antimonopoly Law) or through choice of Chinese law as the governing law in contractual relationships, will become much more common. In these circumstances, it is important to increase our understanding of the Chinese legal system and the content and application of Chinese law. This lecture will provide an overview of aspects of Chinese law and will focus on the extraterritorial application of Chinese law, the approach of Chinese law towards contractual relationships and issues relating to Chinese corporations and structures.
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The Use of Force in Relation to Sovereignty Disputes over Land Territory