China and Hong Kong: The One Country, Two Systems Principle and Its Practical Implications for Polish Civil Courts

• Authors: Szymon Zaręba
• Languages of publication: EN

Abstracts

EN

This article seeks to examine the landmark decision of the Supreme Court of Poland of 11 October 2013 (ref. no. I CSK 451/12), which is the first ruling of Poland’s highest civil court on the applicability of treaties between Poland and China to the Hong Kong Special Administrative Region. The article focuses on that part of the Court’s reasoning which discusses the principles and rules of international law. It is argued that despite some flaws in the Court’s reasoning, its overall conclusion was correct: the 1987 Sino-Polish Agreement on legal assistance in civil and criminal cases does not apply to Hong Kong.

Keywords

EN

enforcement of judgement, legal assistance, Hong Kong, China, VCLT, Vienna Convention on the Law of Treaties

• Publisher: Polska Akademia Nauk
• Journal: Polish Yearbook of International Law
• Year: 2013
• Volume: 33
• Pages: 363-369

Dates

published

2014-07-25

Contributors

author

Szymon Zaręba

• Institute of Law Studies of the Polish Academy of Sciences, Nowy Swiat St. 72, 00-330 Warsaw, Poland

Identifiers

DOI

10.7420/pyil2013n