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This survey contains materials reflecting the Chinese practice of private international law in 2022. Firstly, the changes in the statutory framework of private international law in China include two legislative acts and one administrative regulation. Moreover, three international treaties in this regard were ratified by the National People's Congress. Secondly, three judicial interpretations of the Supreme People's Court ("SPC") were adopted or amended, and 56 typical cases in six judicial documents on different topics were issued by the SPC. Thirdly, four typical cases on Chinese courts' jurisdiction; 14 cases on choice of laws on various issues such as foreign investment contracts and negative lists, rights in rem , life insurance contracts and mandatory rules; one case on international judicial assistance rendered to an Argentinean court; three cases on interim measures; three cases on the recognition and enforcement of foreign judgments; nine cases on international arbitration including international sports arbitration and foreign awards, are selected in this survey for their emerging significance. Fourthly, the provisions regarding the extraterritorial application of Chinese laws have been identified for the first time in this series of surveys, shedding light on this aspect of private international law in China. They include those contained in, inter alia , China's Anti-Monopoly Law, Anti-foreign Sanctions Law, Export Control Law, Securities Law, the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures, as well as the Provisions on the Unreliable Entity List. [ABSTRACT FROM AUTHOR]

Chinese State-owned enterprises (SOEs) play a key role not only in China' domestic market, but also in implementing the Government of China (GOC)'s ambitious Belt and Road Initiative. Accordingly, Chinese SOEs have increasingly fallen back on investor-State investment arbitration to protect their investments in host States. A recurrent issue arising in arbitral proceedings concerns whether Chinese SOEs should be allowed access to investor-State dispute settlement mechanisms in view of the close links between Chinese SOEs and the GOC. This article sets forth two arguments. First, applying the relevant ILC Articles to Chinese SOEs, the article makes a legal argument that it is highly unlikely for a Chinese SOE to be denied standing as a qualified claimant in investor-State arbitration. Second, notwithstanding concerns about Chinese SOEs in the global investment landscape, the article makes a policy argument that the denial of Chinese SOEs' standing before arbitral tribunals is not only unhelpful in addressing those concerns, but also undermines the rule of law in international investment. [ABSTRACT FROM AUTHOR]

This survey is composed of materials reflecting the practice of private international law in China in 2015. First, this survey covers the reports of the Supreme People's Court (SPC) released in 2016, notably the Report on the Work of the SPC in 2015, which contains the statistics of the foreign-related civil or commercial cases accepted and concluded by Chinese courts. Second, the survey covers laws and judicial interpretations that were revised or took effect in 2015. The important legal instruments include: the Interpretations of the SPC on the Application of the Civil Procedure Law of the PRC, the Provisions of the SPC on Several Issues concerning the Application of Law to the Arrest and Auction of Ships, and the Reply of the SPC to the Request for Instruction by the Shanghai High People's Court and Others on Issues Concerning Cases of Judicial Review of Arbitral Awards Rendered by the CIETAC and its Former Sub-Commissions. Third, this survey particularly focuses on typical cases decided by various Chinese courts during 2015 in the following areas: classification and definition of foreign elements, jurisdiction (exclusive choice of court agreements), choice of law (international air transport contracts, transfer of share agreements, foreign-related employment contracts), recognition and enforcement of foreign judgments, jurisdiction of the CIETAC and its former sub-commissions, validity of arbitration agreement, recognition and enforcement of foreign arbitral awards, and ad hoc arbitration. [ABSTRACT FROM AUTHOR]

A reprint of the document "China Adheres to the Position of Settling Through Negotiation the Relevant Disputes Between China and the Philippines in the South China Sea," which appeared on the official Website of the Foreign Ministry of China on July 13, 2016, is presented. Topics discussed include the territorial sovereignty of China over Nanhai Zhudao, the dispute between China and the Philippines over maritime delimitation, and China's policy on the South China Sea issue.

China claims "historic rights" over the islands and other maritime features in the South China Sea. The Philippines contests these claims on the ground that they are incompatible with the 1982 Convention on the Law of the Sea. It initiated arbitration under Annex VII of the (UNCLOS) for a declaratory judgment to that effect. China rejected the arbitral procedure in part because of its 2006 Declaration which excludes all such disputes from the compulsory dispute settlement procedure of the Convention. This paper examines the recent award of the Arbitral Tribunal accepting jurisdiction over the some of the submissions made by the Philippines. It finds that the UN Convention on the Law of the Sea has very little to offer to decide on issues of sovereignty and associated issues of overlapping maritime entitlements. [ABSTRACT FROM AUTHOR]

This brief papercomments on the clinical isolation and one-sided tendencies in the Philippines' oral arguments in the South China Sea arbitration, with illustrations fromits arguments on (1) negotiation as the agreed exclusive choice for dispute settlement, (2) sovereignty matters, (3) the optional exception of delimitation-related disputes; (4) the optional exception of military activities disputes; and (5) environmental claims. [ABSTRACT FROM AUTHOR]

This survey covers materials reflecting the practice of private international law in China in 2013. The survey covers laws, administrative regulations and judicial interpretations that were revised or took effect in 2013. The important specific legal instruments that were affected in 2013 include: the Civil Procedure Law; Trademark Law; Company Law; Regulations of the PRC on the Administration of Foreign-Funded Insurance Companies; Regulations of the PRC on Administration of the Entry and Exit of Foreigners; Reply of the SPC on Whether Maritime Courts May Apply the Small Claims Procedure; Provisions of the SPC on Handling Judicial Assistance Requests for the Service of Judicial Documents, Taking of Evidence in Civil or Commercial Matters in Accordance with International Conventions and Bilateral Treaties on Judicial Assistance; Implementation Rules on "The Provisions of the SPC on Handling Judicial Assistance Requests for the Service of Judicial Documents, Taking of Evidence in Civil or Commercial Matters in Accordance with International Conventions and Bilateral Treaties on Judicial Assistance" (for Trial Implementation); Interpretation (I) of the SPC on Certain Issues Concerning the Application of the "Law of the PRC on Application of Law to Foreign-Related Civil Relations". This survey also covers cases decided in 2013 in the following areas: proof of foreign law; jurisdiction (exclusive jurisdiction; choice of court agreements; distrainable property, maritime jurisdiction); choice of law (conflicts in current Chinese laws and their solutions, sale contracts, loan and guaranty contracts, equity transfer contracts, export credit insurance contracts, arbitration agreements, employment, maritime matters and intellectual property); foreign judgments; arbitration and foreign awards. [ABSTRACT FROM AUTHOR]

The U-shaped line in the South China Sea has been recently challenged in the international community and this challenge reached its climax when the Philippines presented China with a Notification and Statement of Claim under Article 287 and Annex VII of the 1982 United Nations Convention on the Lawof the Sea (LOSConvention) on 22 January 2013. In its Statement of Claim, the Philippines requests the Annex VII Arbitral Tribunal to adjudge and declare that China's maritime claims based on the U-shaped line are contrary to the LOS Convention and invalid. Against this background, this article will analyze the issues concerning the related submissions of the Philippines. [ABSTRACT FROM AUTHOR]

A reprint of the document "Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of Philippines," which appeared on the Website of the Foreign MInistry of China on July 12, 2016, is presented. Topics discussed include events leading to the awarding to the arbitration, and the reasons for the non-acceptance and non-recognition by China.

Presents proceedings of the Beijing Symposium on Comparative Study of International Criminal Law and the Rome Statute in Beijing, China from October 15 to 17, 2004. Purpose of the symposium; Details of the symposium's opening ceremony; Establishment of the International Criminal Court (ICC); Views of Chinese legal experts Zhu Wenqi and ang Lijun on the ICC; Description of the national experiences in the ratification and implementation of the Rome Statute.