The law applicable to transboundary treaties in China: theory and practice
In the context of globalization and economic integration economic interdependence of countries is growing dynamically. Trade and economic ties between organizations, associations and firms of different States are implemented by means of concluding cross-border contracts. Determination of applicable law is one of the most difficult issues in Private International Law, it is the core of the resolution of disputes arising from transboundary agreements. China is the largest foreign trade partner of Russia, for Russia is very actual analysis of international legal norms and national legislation of the PRC governing and sustainable economic cooperation. This article discusses the concept of cross-border agreements in law and doctrines of China, the role of conflict-of-laws rule of “autonomy of will of the parties” and “closest connection” and the concept of “characteristic performance”. The principle of “autonomy of will of the parties” is the original general principle. The principle of “closest connection” is a subsidiary principle, and plays a major complementary role in relation to the principle of “autonomy of will of the parties”. And the concept of “characteristic performance” is only a presumption of the principle of “closest connection”, with the help of which is determined by the law applicable to the regulation of cross-border contractual relationships in China. And the article examined the expression of the will of the parties, time limits for the implementation of “autonomy of will of parties”, margins of “autonomy the will of parties” and the scope of the law chosen by the parties, concerning the conflict of laws rules of “autonomy of will of the parties” and the concept of “characteristic performance”, the international agreement of China and customs of international trade with the domestic laws of China.