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


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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