3
轉
governing which treaties require ratification and which do not. This is a matter of custom and the particular circumstances of each treaty Consequently the term 'important agreements' in Article 67 (14) has not required formal interpretation.
3. At present the conclusion of international treaties is governed by 'internal' regulations issued by the State Council, which dictate which government departments may participate in treaty negotiations as well as the role of the Ministry of Foreign Affairs and the State Council itself. In practice, different departments of
of the State Council may be given responsibility for the negotiation of technical aspects of the Ministry of Foreign
treaties, but general authority rests with Affairs. These regulations are currently being revised to form the basis of a new law on the conclusion and ratification of treaties which will probably be presented to the NPC Standing Committee for passage in 1989.
4. Although China subscribes to the principle that every state is bound by its
international obligations,
there is no general principle of Chinese law that the provisions Of મે validly concluded treaty will always govern when in conflict with a provision of Chinese domestic law.
In Mr. Liu's view no other major state allows itself to be 50 strictly bound. Furthermore, it is unlikely that the basic laws of the state, such as the Constitution, could be subject to such a sweeping
rule.
5. The principles of the domestic application of treaty provisions in China are not entirely clear.
There is no simple answer to the question of when and how a treaty obligation will be implemented, which often depends on the circumstances of the case at issue. However Mr. Liu emphasized that he was not taking the position that Chinese domestic law has a higher legal status than China's treaty obligations
At present there are 5 different methods that have been used in Chinese law to give effect to the provisions of international law:
a) A law may
4
include a provision which dictates the treatment of a matter in a way which is in accordance with international
law Such as Articles 3 to 8 of the Criminal Law which govern the issues of extra-territorial effect and the treatment of foreigners;
b)
law may include મ provision which gives priority to international treaties,
but does not expressly address the question of conflicts, such as Article 16 of the Sino-Foreign Equity Joint Venture Income Tax Law which concerns the application of double- taxation agreements;
તુ
c) A law may include provision which gives express priority to international treaties in the event of a conflict with a specified law,
such as Article 142 of the General Principles of the Civil Code which provides for the application of treaty provisions where they differ from the civil laws of the P.R.C. (It should be remembered that the term civil law' in China
does not include relations between individuals and the state.);