Notes to Chapter One
1.GUOJI SIFA [PRIVATE INTERNATIONAL LAW] 132 (Huang Jin ed.,2nd ed.,2004).
2.Zhonghua Renmin Gongheguo Jianshebu [Ministry of Construction of People’s Republic of China],Guanyu Guifan Fangdichan Waizizhunruheguanli de Yijian[Opinion on the Access and Regulation of Foreign Investment in Real Estate Market],Doc.No.171 (2006) (PRC).
3.BLACK’S LAW DICTIONARY 1123 (Bryan A.Garner ed.,8th ed.,2009).
4.See MALCOLM N.SHAW,INTERNATIONAL LAW 660 (6th ed.,2008).
5.See e.g.,FRENCH CIVIL CODE,art.3.
6.See NATIONALITY LAW OF GERMANY,art.4 (1).
7.SWISS FEDERAL CODE OF PRIVATE INTERNATIONAL LAW art.23(1) (1987).
8.HAGUE CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAW art.3 (1930).
9.HUNGARY CODE OF PRIVATE INTERNATIONAL LAW art.11 (2)1979.
10.Discussion on domicile,residence and habitual residence,see the following text,infra.
11.SWISS FEDERAL CODE OF PRIVATE INTERNATIONAL LAW,art.23(1) (1987).
12.GREECE CIVIL CODE,art.31(2) (1946).
13.E.RABEL,THE CONFLICT OF LAWS 131 (2nd ed.,1958).
14.HAGUE CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAW,art.5 (1930).(https://www.daowen.com)
15.Zhonghua Renmin Gongheguo Guojifa [Nationality Law] (1980) (PRC).
16.Zhonghua Renmin Gongheguo Guojifa [Nationality Law] arts 4,5,6 (1980) (PRC).
17.Zhonghua Renmin Gongheguo Shewai Minshi Falvguanxi Shiyongfa [Act on the Application of Laws over Foreign-related Civil Relationships] art.29(2010) (PRC).
18.Zhonghua Renmin Gongheguo Minfadian [Civil Code] art.25(2020) (PRC).
19.Zhengxin Huo,Two Steps Forward,One Step Back: A Commentary on the Judicial Interpretation on the Private International Law Act of China,43 HONG KONG LAW JOURNAL707(2013).
【注释】
[1]The former term signifies the legal recognition that a certain entity is independent for civil matters,capable of possessing rights in its own name.The latter term connotes the ability of a party to conduct civil activities with legal effects on its own.Detailed discussion on this topic is reserved in Chapter One,Part Six of this book.
[2]For instance,under the 1985 Foreign Economic Contract Law of China,a Chinese is not entitled to be a party of a foreign economic contract.Zhonghua Remin Gongheguo Shewai Jingji Hetongfa [Act of the People’s Republic of China on Economic Contracts Involving Foreign Interests]art.2 (1985) (PRC).
[3]For instance,the Ming Dynasty and the Qing Dynasty,for most of the time,adopted closed-door policy,and foreigners were generally prohibited from conducting commercial activities in China.However,from the late 19th century till the mid 20th century,foreigners enjoyed many privileges within China under the unequal treaties that China was forced to sign with western powers.
[4]Amendment XIV of the U.S.Constitution,Section 1 provides that “[A]ll persons born or naturalized in the United States,and subject to the jurisdiction thereof,are citizens of the United States and of the state wherein they reside...”
[5]It should be noted that pursuant to the Explanations on the Application of Nationality law in Hong Kong SAR and in Macau SAR,issued by the Standing Committee of National People’s Congress respectively in 1997 and 1999,people in these two SARs may have Chinese nationality and British or Portuguese nationality simultaneously.
[6]Within the huji system,a “hukou” is the registered residency status of a particular individual in this system.“Hukou” is more commonly used in everyday conversation.“Hukou” has been adopted by English-language audiences to refer to both the huji system and an individual’s hukou.
[7]The modern household registration system dates back to 1958 when the Chinese government began using it to control the movement of people between urban and rural areas.Individuals were broadly categorized as a “rural” or “urban” worker.A worker seeking to move from the country to urban areas to take up non-agricultural work would have to apply through the relevant bureaucracies.The number of workers allowed to make such moves was tightly controlled.Migrant workers would require six passes to work in provinces other than their own.People who worked outside their authorized domain or geographical area would not qualify for grain rations,employer-provided housing,or health care.There were controls over education,employment,marriage and so on.