Harmonisation of Chinese Legal Culture with English Common Law Principles through International Customary Law, By Mary B. AYAD*

Chinese legal culture is compatible with ancient and current English Common Law principles in applications of international customary law construction of contracts.  Proof of this is found in a recent Australian High Court decision on the Forrest Mining case[1]  which from the Australian perspective,[2] though vague on expounding the precise legal principles underpinning its reasons,[3] sets a sophisticated and pragmatic precedent in the topical matter of the constructions of cross-border commercial contracts, international sales contracts and investor—State contracts. Continue reading