ABSTRACT

Establishing the contents of foreign law is an important, yet difficult, task for Chinese judges when they deal with international civil disputes. The task will be more challenging against the background of the Belt and Road Initiative, as many countries in this area have their distinct legal, religious, and cultural traditions which are markedly different from China. Moreover, as most those countries are developing countries whose law and decisions are not easily accessible to the outside world, hence it is of vital importance to provide a research on the new problems of ascertaining foreign law faced by Chinese courts under the background of the Initiative. This chapter attempts to provide a systematic review of those problems; to analyze the relevant Chinese legislation, judicial interpretation and case law; and to put forward corresponding suggestions for responding to the challenges.