Conflict of Laws in the People’s Republic of China (Elgar Asian Commercial Law and Practice series)

A THOROUGH ANALYSIS OF CONFLICT OF LAWS ISSUES IN CHINA – ALSO AVAILABLE AS AN E-BOOKAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersUntil fairly recently, there has been something of a shortage of literature on Chinese law accessible to English speaking readers, a situation which the three co-authors of this book have sought to redress. They have done so with considerable success via the publication of this excellent international law book.A new title from Edward Elgar Publishing, the title provides invaluable assistance to western lawyers, particularly those specialising in commercial and civil law, who seek both a broad-based and in-depth analysis of the range of issues pertaining to conflict of laws in China. But note that the book deals with commercial and civil law only. Family law will be the subject of a separate book.In producing this monograph, the three expert authors have both stated and implied that Chinese law, as it now manifests itself, is a bit of a late developer, especially in the area of conflict of laws, which of course refers to the conflict that transpires when the laws of one country differ from those of another.Due to China’s startling rate of economic growth post 1978 and also such catalysts as the handing over of Hong Kong, for example, in 1997, it became expedient for the Chinese conflict of laws system to modernize. ‘It is fair to argue,’ remark the authors, ‘that China has established a comprehensive and up-to-date system since the 2010s and the Chinese conflicts system now enters into “the modernization age.”’The five sections into which the book is divided deal with a wide range of issues, including jurisdiction, choice of law, procedure, judgment, enforcement – and more besides, supported throughout by decisions on cases, judicial practice and the body of relevant data and empirical evidence available.The introductory chapter offers an historical perspective which provides as succinct and informative an account as you’re likely to find anywhere, of the bumpy evolutionary road which led to the development of contemporary Chinese law.Perhaps to oversimplify, it is basically the story of a mighty nation suffering under the yoke of successive tyrannies and centuries of isolationism, perpetrated under various dynasties. Curiously, there appears to be no mention of the recent tyranny of Mao Tse-Tung, or his infamous cultural revolution, although the title of a volume containing his complete works is listed in the bibliography.That said, the book is nonetheless an enlightening read from any number of viewpoints. Its historical accounts of the often uncertain evolution of Chinese law in general – and the conflict of laws in particular – are quite fascinating.Clearly this is a book for international lawyers and scholars with a special interest in Chinese law in which issues relating to conflict of laws assume an exceptionally prominent role. With its massive bibliography of almost 40 pages, its detailed table of contents and index, this book is a valuable find for general readers and researchers who will also appreciate the extensive tables of cases and of legislation.As a recent addition to Elgar’s Asian Law and Practice series, the book’s publication date is cited as at 2016.