Legal revisions aimed at resolving intl disputes

By CAO YIN | China Daily
Updated: 09:55 AM (GMT+8) Nov 20, 2023
[Photo/VCG]

China is advancing the revision of its Arbitration Law so that it can better solve international commercial disputes and improve its legal system in matters involving foreign affairs, a senior expert said on Sunday.

Huang Jin, head of the Chinese Society of International Law, who has paid close attention to efforts to amend the law, said the revision will greatly enhance the country's ability to deal with foreign-related commercial cases.

"It will contribute to enriching our legislative tool kit for the rule of law involving foreign affairs," he said.

He suggested the amendment should be aligned with the Model Law on International Commercial Arbitration, which was formulated by the United Nations Commission on International Trade Law, adding that he expected the revised law to come into effect as soon as possible.

Huang made the remarks at the fourth Symposium of the International Communication of China's Rule of Law, which was organized by the Academy for the Rule of Law at the China University of Political Science and Law.

A blue book that introduces the development of China's rule of law involving foreign affairs, along with 10 influential cases in this field, was also issued at the symposium.

As China's first blue book in this regard, it recalls the country's achievements in legislation, law enforcement, legal services, arbitration, talent education and international exchanges related to foreign matters in 2022, and presents major studies, papers and journals in these areas.

With seven chapters, the book shows China's endeavors in the formulation and implementation of laws on foreign state immunity, foreign relations and countering foreign sanctions, with an introduction on China's innovation in the handling of foreign-related civil, commercial and criminal cases.

Huang, who is also a law professor from the university, regarded the foreign state immunity law as significant progress in China's legislation, as it clarifies China's policy on foreign state immunity is limited immunity.

Since Chinese courts, in principle, do not exercise jurisdiction over foreign countries and their assets, the law, which will take effect on Jan 1, gives some exceptions, Huang said.

Passed by the Standing Committee of the National People's Congress in September, the law on foreign state immunity stipulates the rules for Chinese courts to handle civil cases involving a foreign state and its property.

Huang lauded the Law on Foreign Relations, which came into effect on July 1, saying it was a significant result in optimizing the foreign-related legal system and improving the capacity of the rule of law in handling foreign affairs.

Compiled by the university, the blue book aims to meet the central leadership's requirement of taking a coordinated approach to promote the rule of law at home and in matters involving foreign affairs.

Themed "Rule of Law in Foreign Matters and International Communication", the symposium attracted a number of guests from colleges, legislative departments, judicial authorities and news outlets. They shared what they have done in promoting the building of the rule of law related to foreign affairs and exchanged ideas on how to increase international communication in this field.

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