Extraterritoriality of Chinese Law: Myths, Realities and the Future

Abstract

While China strongly opposes the US practice of ‘long-arm jurisdiction’, it has decided to build its own legal system of extraterritoriality. This paradox reflects the crossroads at which China finds itself currently. Being a country weaker than the sole global superpower, it needs to stand firmly against the American ‘legal bullyism’ by invoking the shield of territorial sovereignty. Yet, as an emerging world power, it is in China’s interest to establish a legal system of extraterritoriality to safeguard its own national interests that extend globally. This article has two aims. First, it provides a comprehensive overview of the current model of Chinese extraterritoriality. Second, it proposes four key planks that should support the emerging Chinese system of extraterritoriality such that it will be both distinct from the US system as well as being practically achievable in light of China’s role in the global stage, national interests, and current capacity and conditions.