Non-State Law Applied In Party Autonomy

In today's international society,autonomy of willhas been widely recognized and accepted as a universal legal principle.In specific international association,both parties will generally choose a country's state law as applicable law of the contract,in most of the state of the court,this approach can also be very recognized,the parties to choose the law more may be successfully applied.Based on improvements of international transactions,more and more international treaties,international commercial customs and international model laws have been issued and applied.In 19 th March 2015,Hague Conference on Private International Lawapprobated Hague Principles on the Choice of Law in International Contracts,of which the third regulation had caused much attention.As for legislature in China,the Explanation of Supreme Court concerned to Application Law in International Civil Law Relationship regulates that,when the parities choose international treaties that PRC has not signed,court can confirm rights and obligations between parities according to the chosen international treaties.So we can find that there has been great possibility in this question.This paper aims to explore the possibility in the international communication for both parties' consensus as the applicable law of the contract.According to legislatures of other countries or international organizations,we can conclude the hesitations of the international society on this problem.In order to solve this problem,advantages and specific applying methods have been concluded in this paper.Because of different attitudes in arbitration and courts,legislation in both have been discussed separately.At last,given consideration of Chinese legislation,this paper involves some suggestions and advices to legislators.