Author
Prof Viatcheslav V. Gavrilov
Organisation/Institution
Far Eastern Federal University
Country
RUSSIA
Panel
International Law
Title
EFFECT OF INTERNATIONAL LAW IN THE LEGAL SYSTEM OF THE PEOPLE'S REPUBLIC OF CHINA
Abstract
The legal system of China is a unique phenomenon that requires a comprehensive study against the background of the place and role that the PRC occupies in the world today. In recent years, a large number of works have appeared in legal science devoted to the analysis of the features and content of the legal system of the PRC, but the issues of determining the place and role of international law in China's legal system have been addressed to a minor extend in these studies. Meanwhile, it is obvious that without their in-depth study of these prob-lems, it is simply impossible to get a complete picture of the essence and mechanisms of functioning of the legal system of the PRC, since in the current conditions of international turbulence China continus to demonstrate their commitment to the basic principles of international law and the founding world order on them. The presentation represents the study in which, based on an analysis of the provisions of the 1982 Constitution of the People's Republic of China, as well as a large number of acts of its national legislation and judicial practice, the main ways of implementing in the Chinese legal system customary and treaty norms of international law were identified and formulated. The main conclusion of the work is that, in essence, only three such meth-ods can be distinguished. Depending on in what area and at what level the corresponding international agreement is concluded or an international custom is ap-proved, the Chinese legislator himself decides which method national legal implementation of their norms will be involved in this particular case.
Biography
Viatcheslav V. GAVRILOV Heard Department of International Public and Private Law, Far Eastern Federal University (Vladivostok, Russia). He received his PhD in Juridical Sciences from Kazan State University in 1994 and his LL.D. in 2006. Gavrilov has authored 154 scientific publications on public and private international law, including five monographs and several textbooks. He was invited as a speaker and has participated in international conferences and programs in the USA, Canada, China, France, Hungary, Taiwan, Thailand, Spain, Indonesia, Luxembourg, Malaysia, Philippines, Cambodia, India and Japan. He is also a co-founder and attorney of the Board of Lawyers “Etalon” in Vladivostok. The area of scientific interests of V. Gavrilov includes the theory of international law, Arctic law, international law of the sea and the resolution of international disputes. https://orcid.org/0000-0001-7298-2961
