The Rise Of China And International Law

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The Rise of China and International Law

Author : Congyan Cai
Publisher : Oxford University Press
Page : 344 pages
File Size : 40,7 Mb
Release : 2019-09-10
Category : Law
ISBN : 9780190073619

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The Rise of China and International Law by Congyan Cai Pdf

The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

The Rise of China and International Law

Author : Congyan Cai
Publisher : Oxford University Press, USA
Page : 377 pages
File Size : 53,9 Mb
Release : 2019
Category : Law
ISBN : 9780190073602

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The Rise of China and International Law by Congyan Cai Pdf

The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Issues Decisive for China’s Rise or Fall

Author : Yuwa Wei
Publisher : Springer
Page : 203 pages
File Size : 50,5 Mb
Release : 2019-02-28
Category : Law
ISBN : 9789811336997

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Issues Decisive for China’s Rise or Fall by Yuwa Wei Pdf

This book focuses on the most serious social and economic challenges faced by China from a public international law perspective. The vast and diversified nature of public international law inspires the author to organize the book on a topic oriented basis, i.e. selecting five most crucial and interrelated issues in contemporary China to investigate and address. It reviews and evaluates China’s response to these challenges and its continuing efforts in searching for solutions to these problems. These issues are inter-related and mutually affective, and moreover, impact collectively on the nation’s standings in the international community. The country’s national stability and economic sustainability may be retained only when these issues are dealt with efficiently and appropriately. This is a timely and comprehensive book addressing the most crucial problems confronted by contemporary China in the field of public international law, mainly concerning border issues, natural resources, environment and corruption. The work not only addresses these issues separately, but also delineates their interrelationships. In doing so, the complexity of these issues is revealed to a full extent.

The Rise of China, Inc.

Author : Shaomin Li
Publisher : Cambridge University Press
Page : 347 pages
File Size : 48,8 Mb
Release : 2022-01-27
Category : Business & Economics
ISBN : 9781316513873

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The Rise of China, Inc. by Shaomin Li Pdf

Reveals how the CCP pursued global expansion by running the Chinese state like an organisation that acts as swiftly and flexibly as a firm.

Sovereignty in China

Author : Maria Adele Carrai
Publisher : Cambridge University Press
Page : 301 pages
File Size : 46,5 Mb
Release : 2019-08
Category : Law
ISBN : 9781108474191

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Sovereignty in China by Maria Adele Carrai Pdf

This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.

China, State Sovereignty and International Legal Order

Author : Phil C.W. Chan
Publisher : Hotei Publishing
Page : 367 pages
File Size : 42,5 Mb
Release : 2015-05-13
Category : Law
ISBN : 9789004288379

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China, State Sovereignty and International Legal Order by Phil C.W. Chan Pdf

In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China’s exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.

Chinese Perspectives on the International Rule of Law

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 51,7 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390

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Chinese Perspectives on the International Rule of Law by Matthieu Burnay Pdf

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Shifting Global Powers and International Law

Author : Rowena Maguire,Bridget Lewis,Charles Sampford
Publisher : Routledge
Page : 315 pages
File Size : 45,7 Mb
Release : 2013-06-26
Category : Political Science
ISBN : 9781135017491

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Shifting Global Powers and International Law by Rowena Maguire,Bridget Lewis,Charles Sampford Pdf

This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020

Author : Anonim
Publisher : BRILL
Page : 314 pages
File Size : 54,6 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004501638

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020 by Anonim Pdf

Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020.

The Futility of Law and Development

Author : Jedidiah Joseph Kroncke
Publisher : Oxford University Press
Page : 373 pages
File Size : 47,6 Mb
Release : 2016
Category : Law
ISBN : 9780190233525

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The Futility of Law and Development by Jedidiah Joseph Kroncke Pdf

This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.

The Cambridge Handbook of China and International Law

Author : Ignacio de la Rasilla,Congyan Cai
Publisher : Cambridge University Press
Page : 1090 pages
File Size : 50,6 Mb
Release : 2024-01-18
Category : Law
ISBN : 9781009050418

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The Cambridge Handbook of China and International Law by Ignacio de la Rasilla,Congyan Cai Pdf

This handbook provides a comprehensive road map to China's engagement with international law and an upgraded bridge between Chinese and Western approaches in times of turmoil. Written by a leading group of Chinese and Western specialists, it examines how China is assimilating into, and putting its stamp on, the global legal order. It offers updated analyses of China's relationship with international institutions, human rights law, international trade law, the law of the sea, the laws of peace and war, international criminal law, global health law, international investment law, international environmental law, climate change, international terrorism law, outer-space law, intellectual property law, cyber-space warfare, international financial law, international dispute settlement, territorial disputes, the Belt and Road Initiative, the Community of Shared Future for Mankind, China's constitutional law, the judicial application of international law, state immunity, the international rule of law, China's treaty practices and the extraterritorial application of Chinese laws.

China's Influence on Non-Trade Concerns in International Economic Law

Author : Paolo Davide Farah,Elena Cima
Publisher : Taylor & Francis
Page : 548 pages
File Size : 52,6 Mb
Release : 2016-10-14
Category : Law
ISBN : 9781317167204

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China's Influence on Non-Trade Concerns in International Economic Law by Paolo Davide Farah,Elena Cima Pdf

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

The Futility of Law and Development

Author : Jedidiah J. Kroncke
Publisher : Oxford University Press
Page : 376 pages
File Size : 41,8 Mb
Release : 2016-01-18
Category : Law
ISBN : 9780190493370

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The Futility of Law and Development by Jedidiah J. Kroncke Pdf

For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.

The Rise of China vs. the Logic of Strategy

Author : Edward N. Luttwak
Publisher : Harvard University Press
Page : 321 pages
File Size : 42,7 Mb
Release : 2012-11-15
Category : Political Science
ISBN : 9780674067936

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The Rise of China vs. the Logic of Strategy by Edward N. Luttwak Pdf

As the rest of the world worries about what a future might look like under Chinese supremacy, Luttwak worries about China’s own future prospects. Applying the logic of strategy for which he is well known, he argues that the world’s second largest economy may be headed for a fall unless China’s leaders check their military ambitions.

The U.S.-Taiwan-China Relationship in International Law and Policy

Author : Lung-chu Chen
Publisher : Oxford University Press
Page : 441 pages
File Size : 49,8 Mb
Release : 2016
Category : Law
ISBN : 9780190601126

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The U.S.-Taiwan-China Relationship in International Law and Policy by Lung-chu Chen Pdf

This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.