Notes to Chapter Two
1.O.KAHN-FREUND,GENERAL PROBLEMS OF PRIVATE INTERNATIONAL LAW 80 (1980).
2.See E.RABEL,THE CONFLICT OF LAWS 29-30 (2nd ed.,1958).
3.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 327-328 (Huang Jin ed.,2nd ed.,2004).
4.See Jurgen Basedow,The Recent Development of the Conflict of Laws—Some Comparative Observations,in JAPANESE AND EUROPEAN PRIVATE INTERNATIONAL LAW IN COMPARATIVE PERSPECTIVE (JURGEN BASEDOW ET AL.ED.)9(2008).
5.O.KAHN-FREUND,GENERAL PROBLEMS OF PRIVATE INTERNATIONAL LAW 260 (1980).
6.PETER NORTH & J.J.FAWCETT,CHESHIRE AND NORTH’S PRIVATE INTERNATIONAL LAW 8 (13th ed.,1999).
7.ADRIAN BRIGGS,THE CONFLICT OF LAWS,introduction (4th ed.,2019).
8.European Union (Withdrawal) Act 2018.
9.O.KAHN-FREUND,GENERAL PROBLEMS OF PRIVATE INTERNATIONAL LAW 110 (1980).
10.J.H.C.MORRIS,THE CONFLICT OF LAWS 6 (1993).
11.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 49 (Huang Jin ed.,2nd ed.,2004).
12.Detailed information,see http：//www.hcch.net/index_en.php?act=conventions.listing,last visited on March 20,2020.
13.See,e.g.,GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 50-56 (Huang Jin ed.,2nd ed.,2004); E.RABEL,THE CONFLICT OF LAWS 33-37 (2nd ed.1958).
14.28 Nov.1958.ICJ Reports 1958,55.
15.See,e.g.,GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 218-219 (Huang Jin ed.,2nd ed.,2004).(https://www.daowen.com)
16.STATUTE OF INTERNATIONAL COURT OF JUSTICE,art.381 (b).
17.A.D’AMATO,THE CONCEPT OF CUSTOM IN INTERNATIONAL LAW 81 (1971).
18.E.RABEL,THE CONFLICT OF LAWS 44 (2nd ed.,1958).
19.Zhonghua Renmin Gongheguo Shewai Minshi Falvguanxi Shiyongfa [Act on the Application of Laws over Foreign-related Civil Relationships] (2010) (PRC)Zhonghua Renmin Gongheguo Minfa Tongze [GPCL] (1986) (PRC).
20.Zhengxin Huo,An Imperfect Improvement: The New Conflict of Laws Act of the People’s Republic of China,60 INT’L & COMP.L.Q.1076 (2011).
21.Zhonghua Renmin Gongheguo Minshi Susongfa [Civil Procedure Law] (1991,revised in 2017) (PRC).
22.See Zhengxin Huo,Two Steps Forward,One Step Back: A Commentary on the Judicial Interpretation (I) on the Private International Law Act Issued by the Supreme People’s Court of the PRC,43 HK LAW JOURNAL711 (2013).
23.Zhonghua Renmin Gongheguo Minfa Tongze [GPCL] (1986) (PRC),art.142.
24.ZHENGXIN HUO,GUOJI SIFAXUE [PRIVATE INTERNATIONAL LAW] 29 (2nd ed.,2020).
【注释】
[1]See FRIEDRICH K.JUENGER，CHOICE OF LAW AND MULTISTATE JUSTICE （2000）.The Chinese version of this book，translated by the author，was published by Peking University Press in 2007，those who are interested in the history of the conflict of laws may refer to this book for a deeper understanding.参见［美］弗里德里希·K.荣格：《法律选择与涉外司法》，霍政欣、徐妮娜译，北京大学出版社2007年版。
[2]According to the legislators,during the process of drafting,the conflicts statutes of some foreign countries,principally Germany,Switzerland and Japan,and the conventions of the Hague Conference of Private International Law and some Europe Union’s regulations have been referred to.
[3]Under the Chinese scholarship,civil law has both broad and narrow definitions.In its broad sense,civil law is body of law that governs proprietary and personal relationship between the parties that have equal status.In this respect,commercial law is a part of civil law.However,in its narrow sense,civil law refers to the section of private law excluding the area that shall be regulated by commercial law; and commercial law in this context is defined as the branch of law that governs company,insurance,bankruptcy,negotiable instruments,and admiralty.As civil law in its broad sense includes such an extensive coverage,law professors in China now usually embrace the narrow scope of civil law.Thus a typical Chinese textbook on civil law would include contract law,family law,tort law,property law only.
[4]The GPCL was adopted at the Fourth Session of the Sixth National People’s Congress on April 12,1986,coming into force on January 1,1987.It was abolished on January 1,2021 when the Civil Code of the PRC took effect.For quite a long period,the GPCL was the most important source of Chinese private international law.Structurally,the GPCL has devoted an entire chapter to regulating the conflict of laws (i.e.,Chapter Eight,Application of Laws to Civil Matters Involving Foreign Elements),where nine conflict rules can be found.