9 - The ‘Effect Doctrine’ and the Extraterritorial Application of Chinese National Laws

Summary

Extraterritorial jurisdiction of Chinese law has received increased attention in recent years. On 25 February 2019, President Xi Jinping called for fast-track institution building in extraterritorial jurisdiction of Chinese law. It is the first time that China has made such a bold claim from the very top level of the leadership. This chapter offers a critical examination of Chinese practice in relation to effect-based extraterritorial jurisdiction. It focusses on three fields of law dealing with offensive maps, marine environment protection, and anti-monopoly in which a number of cases have been handled by Chinese executive authorities and courts. It not only looks at how such rules are prescribed in black-letter law but also surveys and reviews how such jurisdiction has been enforced in practice. It attempts to evaluate how successful is China’s approach towards effect-based extraterritorial jurisdiction and to offer some insights into the future development of this significant area of Chinese law.