Undertaking and Implementation of International Treaty Obligations by the People’s Republic of China

In the People’s Republic of China international treaties and agreements are concluded in accordance with the Constitution, the Law of the PRC on procedure of conclusion of treaties (1990) and the Measures for the administration of conclusion of treaties (2023). In addition, in 2023 the Law on foreign relations of PRC entered into force. The authority to conclude international treaties is exercised by the Standing Committee of the National People’s Congress (NPC), the Chairman of the People’s Republic of China and the State Council. The NPC Standing Committee decides on the ratification and denunciation of treaties and important agreements. The President of the People’s Republic of China, in accordance with these decisions, ratifies and denounces treaties and important agreements. The State Council, which is the central people’s Government, is authorized to conclude treaties and agreements. The Constitution is silent on the status and effects of international treaties within the domestic legal system. The texts of international treaties are published in the Official Gazette of the NRC Standing Committee together with the relevant approval decisions of the Standing Committee. Judicial practice of the application of treaties shows that the publication of the treaty is not sufficient precondition for the direct application of treaty provisions. Transformation is the most common way for the country to implement its international treaty obligations. Courts apply provisions of international treaties only on the basis of enabling legislation or judicial interpretations of the Supreme people’s court. International treaties are applied by courts only if there is enabling legislation that expressly refers to the provisions of treaties. The Interpretation by the Supreme people’s court of several issues concerning the application of international treaties and international practices in the trial of foreign‑related civil and commercial cases entered into force on January 1, 2024.