International Law in Chinese Courts During the Rise of China

Abstract

The number of countries in which domestic courts are actively engaged with major public affairs has increased markedly since the early 1990s. In many transitional states, in particular, domestic courts have ruled on great constitutional controversies, which influence the national political process. They have also taken an active role in the application of international law— especially human rights treaties—and at times treat such treaties as a “New Standard of Civilization.” In particular, domestic courts have at times invoked international law in becoming more aggressive toward the executive branch. This trend has been one normative element inspiring some theorists to propose a new field known as comparative international law. This article highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent years.