The Rise of China and International Law


Book Description

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.




A Chinese Theory of International Law


Book Description

This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.




The Rise of China, Inc.


Book Description

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




China, State Sovereignty and International Legal Order


Book Description

China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.




China's Rise in the Global South


Book Description

As China and the U.S. increasingly compete for power in key areas of U.S. influence, great power conflict looms. Yet few studies have looked to the Middle East and Africa, regions of major political, economic, and military importance for both China and the U.S., to theorize how China competes in a changing world system. China's Rise in the Global South examines China's behavior as a rising power in two key Global South regions, the Middle East and sub-Saharan Africa. Dawn C. Murphy, drawing on extensive fieldwork and hundreds of interviews, compares and analyzes thirty years of China's interactions with these regions across a range of functional areas: political, economic, foreign aid, and military. From the Belt and Road initiative to the founding of new cooperation forums and special envoys, China's Rise in the Global South offers an in-depth look at China's foreign policy approach to the countries it considers its partners in South-South cooperation. Intervening in the emerging debate between liberals and realists about China's future as a great power, Murphy contends that China is constructing an alternate international order to interact with these regions, and this book provides policymakers and scholars of international relations with the tools to analyze it.




Chinese Contemporary Perspectives on International Law


Book Description

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.




Chinese Perspectives on the International Rule of Law


Book Description

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.




China's Treaty Policy and Practice in International Investment Law and Arbitration


Book Description

With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.




The Futility of Law and Development


Book Description

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




Global China


Book Description

The global implications of China's rise as a global actor In 2005, a senior official in the George W. Bush administration expressed the hope that China would emerge as a “responsible stakeholder” on the world stage. A dozen years later, the Trump administration dramatically shifted course, instead calling China a “strategic competitor” whose actions routinely threaten U.S. interests. Both assessments reflected an underlying truth: China is no longer just a “rising” power. It has emerged as a truly global actor, both economically and militarily. Every day its actions affect nearly every region and every major issue, from climate change to trade, from conflict in troubled lands to competition over rules that will govern the uses of emerging technologies. To better address the implications of China's new status, both for American policy and for the broader international order, Brookings scholars conducted research over the past two years, culminating in a project: Global China: Assessing China's Growing Role in the World. The project is intended to furnish policy makers and the public with hard facts and deep insights for understanding China's regional and global ambitions. The initiative draws not only on Brookings's deep bench of China and East Asia experts, but also on the tremendous breadth of the institution's security, strategy, regional studies, technological, and economic development experts. Areas of focus include the evolution of China's domestic institutions; great power relations; the emergence of critical technologies; Asian security; China's influence in key regions beyond Asia; and China's impact on global governance and norms. Global China: Assessing China's Growing Role in the World provides the most current, broad-scope, and fact-based assessment of the implications of China's rise for the United States and the rest of the world.