Chinese Journal of International Law Advance Access originally published online on August 27, 2009
Chinese Journal of International Law 2009 8(3):637-655; doi:10.1093/chinesejil/jmp020
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© The Author 2009. Published by Oxford University Press. All rights reserved
BRIEF COMMENTS, ESSAYS AND NOTES |
Issues in the Application of Dépeçage in Chinese Private International Law
Correspondence: * Associate, SyCip Salazar Hernandez & Gatmaitan Law Offices (email: ayo2103{at}columbia.edu). This paper was written by the author in his capacity as a Han Depei Fellow of the Chinese Journal of International Law. The author is indebted to the Editors of this Journal and the anonymous referees who offered valuable suggestions during the completion of this paper. This paper was completed on 26 July 2009.
This essay examines the doctrine of dépeçage as a tool that may be used to solve complex private international law problems arising in China that cannot be satisfactorily resolved with the law of just one jurisdiction. A comparative analysis is made with US law to help create a framework for the applicability of dépeçage in China. Lastly, the essay examines the factors that may hinder the application of dépeçage in China.