Contexts
Legal – Contracts
Translation Equivalents
- Applicable rules
Analysis
In transactional law “rules” are a type of administrative law document issued by Chinese government agencies designed to facilitate or control the enforcement of the law. Adding “applicable” before “rules” is frequently done in legal contexts to refer to all rules governing a subject matter. The intent of the attorney adding this phrase to a document is to ensure that the parties commit to following the rules of that specific jurisdiction. See our encyclopedia article on Applicable Rules for more details
Legal – Appellate & Reference
Translation Equivalents
- Applicable rules
- Relevant rules
Analysis
In an appellate law context, judges often look to references from other jurisdictions to see how their law is applied. For example, the Trademark Trial and Appeals Board may give some consideration to novel cases of the European Union to see how cases are decided under TRIPS, even if the law of that jurisdiction does not apply, and is merely relevant. In Chinese documents, the meaning “relevant” is intended in some relatively rare contexts.
Diplomatic – Treaties
Translation Equivalents
- Relevant provisions
Analysis
In US domestic law, “provisions” refer to any part of the agreement, including that smaller than a rule. On the other hand, in treaty law, “relevant provisions” is often intended to encompass a reference to the specific rules within the agreement and diplomats on such treaties are familiar with that usage. United States English usage of relevant provisions can be found in agreements with Europe.
However, note that the United States Model Bilateral Investment Treaty and similar economic treaties do not use the word “relevant provisions” in their legal regimes. This may be because the treaty is intended to be applicable within an arbitral tribunal.