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9 - The ‘Effect Doctrine’ and the Extraterritorial Application of Chinese National Laws

It’s Easier Said Than Done

from Part III - Selected Areas of Chinese State Practice

Published online by Cambridge University Press:  04 January 2024

Ignacio de la Rasilla
Affiliation:
Wuhan University
Congyan Cai
Affiliation:
Fudan University, Shanghai
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Summary

Extraterritorial jurisdiction of Chinese law has received increased attention in recent years. On 25 February 2019, President Xi Jinping called for fast-track institution building in extraterritorial jurisdiction of Chinese law. It is the first time that China has made such a bold claim from the very top level of the leadership. This chapter offers a critical examination of Chinese practice in relation to effect-based extraterritorial jurisdiction. It focusses on three fields of law dealing with offensive maps, marine environment protection, and anti-monopoly in which a number of cases have been handled by Chinese executive authorities and courts. It not only looks at how such rules are prescribed in black-letter law but also surveys and reviews how such jurisdiction has been enforced in practice. It attempts to evaluate how successful is China’s approach towards effect-based extraterritorial jurisdiction and to offer some insights into the future development of this significant area of Chinese law.

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Publisher: Cambridge University Press
Print publication year: 2024

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