Hong Kong\u27s Future: Can the People\u27s Republic of China Invalidate the Treaty of Nanking as an Unequal Treaty?

Abstract

This Note analyzes the PRC\u27s claim that, according to accepted principles of international law, it is justified in abrogating the Treaty of Nanking. The basis for the PRC\u27s position is that the treaty is not reciprocal in its terms and is the product of coercion. Therefore, according to the PRC, the Treaty is unequal and nonbinding. The first part of this Note provides the historical background surrounding the conclusion of the Treaty of Nanking. Part II briefly defines the principle of pacta sunt servanda and examines problems that arise when the rule is applied to unequal treaties. Part III presents a two-part analysis of whether execptions to pacta sunt servanda exist, and, if so, whether the Treaty of Nanking falls within the exceptions