Harmonisation of Chinese Legal Culture with English Common Law Principles through International Customary Law

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Chinese legal culture is compatible with ancient and current English Common Law principles in applications of international customary law construction of contracts. Proof of this is found in a recent Australian High Court decision on the Forrest Mining case which from the Australian perspective, though vague on expounding the precise legal principles underpinning its reasons, sets a sophisticated and pragmatic precedent in the topical matter of the constructions of cross-border commercial contracts, international sales contracts and investor—State contracts. This Court’s decision is pragmatic and sophisticated in consideration of its understanding of cross-cultural business practices unique to China.

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