TITLE:
Research on the Application of Non-State Law in the Field of International Commerce
AUTHORS:
Kaiwei Cui
KEYWORDS:
Non-State Law, Applicable Law, International Commercial Treaties, International Commercial Usages
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.2,
June
9,
2023
ABSTRACT: Since the unification movement of International Private Law, some consensus has been reached on application of Non-State law. However, due to the difficulties that exist in conceptual characterization and value judgment, the problems of insufficient connection between legislative supply and judicial practice have not been effectively solved. There is a real interaction between State Law and Non-state Law and it is important to promote the diversified development of international law by breaking the uniqueness of the application of State enacted law in the judicial and quasi-judicial fields. In response to the need for the construction of “Community of Shared Future for Mankind” and “foreign-Related Rule of Law”, China could focus on the consideration of “convenience”, realize the construction of a Non-state law system from the dimensions of system positioning, value hierarchy, norm evolution and reality promotion, and gradually endow international commercial usages with the status of applicable law at the domestic dimension.