How to apply international treaties and international custom and usage in China

On December 28, 2023, the Supreme People’s Court held a press conference to issue the Explanations of the Supreme People’s Court on Several Issues concerning the Application of International Treaties and International Customs in the Trial of Foreign-related Civil and Commercial Cases, which attracted public attention.

People’s Court has upheld the principle of international law that treaties must be adhered to, and fulfilled international treaty obligations in good faith. While properly resolving disputes, it has fostered the international influence and credibility of China’s judicial, made important contributions to service high-standard opening up, create a world-class business environment with market-oriented, rule-based and international rule, and uphold a fair and just international trade and investment order.

The international shipping industry is an important industry of China, and the total number of containers in China’s ports has ranked first in the world for many years. China’s maritime trials always respect international shipping practices and optimize the rule of law environment for shipping with clear refereeing rules.

In 2023, courts across the country concluded 16,000 maritime cases, including more than 3,000 cases involving foreign affairs, accounting for nearly 20%. With the opening up to the outside world, China’s maritime trial has provided an excellent solution to the application of international treaties and international custom and usage in China.