International Law, Private International Law and International Economic Law
What the exam tests
This domain covers public international law, private international law (conflicts), and international economic law. Expect sources of international law, state responsibility, jurisdiction and immunity; choice-of-law rules for foreign-related civil relations; and WTO and CISG basics.
Core rules
- Sources under Article 38 of the ICJ Statute: treaties, international custom, general principles, and judicial decisions and teachings as subsidiary means. Treaties bind parties; custom binds states generally unless persistent objectors.
- A state is responsible for attributable acts that breach international obligations; defences include consent, self-defence, countermeasures, necessity, and force majeure.
- Private international law in China is codified in the Law on the Application of Laws to Foreign-related Civil Relations (2010). Party autonomy is allowed in contract; absent choice, apply the law of the party whose performance is most characteristic. Mandatory rules and public policy may override foreign law.
- International economic law includes WTO principles (MFN, national treatment, tariff binding) and the CISG for international sales.
Worked example
A Hong Kong company sells goods to a mainland company; the contract is silent on governing law. A dispute arises. The analysis: this is a foreign-related civil relation because the parties are in different jurisdictions. The court first checks whether the CISG applies. China is a CISG contracting state; Hong Kong's status requires care. If the CISG does not govern, Chinese conflicts rules apply: for a sales contract, absent choice, the law of the seller's habitual residence is typically the most characteristic performance. Mandatory Chinese rules and public policy remain a check. The reasoning must not jump straight to mainland law without the conflicts step.
Traps
Do not treat all international instruments as custom. Do not ignore reservations. Do not apply renvoi without checking; Chinese conflicts rules generally refer to substantive law. Do not use public policy as a routine escape. Do not confuse inter-regional Hong Kong-mainland conflicts with international conflicts. Do not forget WTO dispute settlement limits.