Chinese Law And Its International Projection
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Chinese Law And Its International Projection
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Author : Maria Francesca Staiano
language : en
Publisher: Springer Nature
Release Date : 2023-03-22
Chinese Law And Its International Projection written by Maria Francesca Staiano and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-22 with Law categories.
This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.
Chinese Contemporary Perspectives On International Law
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Author : Xue Hanqin
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-21
Chinese Contemporary Perspectives On International Law written by Xue Hanqin and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-21 with Law categories.
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. After an in-depth revisit of China’s position on sovereignty and non-interference from a historical and cultural perspective, the author further explores a few areas of importance where China’s viewpoints often invite general interest: human rights, sustainable development, and multilateralism and regional cooperation.
The Rise Of China And International Law
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Author : Congyan Cai
language : en
Publisher: Oxford University Press
Release Date : 2019-09-10
The Rise Of China And International Law written by Congyan Cai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-10 with Law categories.
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.
Belt And Road Initiative The Implications For The International Order
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Author : Moritz Rudolf
language : en
Publisher: World Scientific
Release Date : 2021-09-14
Belt And Road Initiative The Implications For The International Order written by Moritz Rudolf and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Political Science categories.
This book showcases how the People's Republic of China (PRC) has been utilizing the Belt and Road Initiative (BRI) to reshape the global order. Dissecting China's increasingly assertive international behaviour, the book demonstrates how the PRC projects its self-perception onto the international order. The book outlines five aspects of China's international role projection, which the PRC applies selectively, depending on its target audience: (1) The bearer of traditional Chinese culture; (2) The humiliated nation; (3) The socialist state with Chinese characteristics; (4) The developing state and promoter of international development; (5) The authoritarian globalization optimist.Drawing on an in-depth analysis of hundreds of primary BRI documents, the book offers a comprehensive overview of China's most crucial foreign policy agenda item. It demonstrates how, through the BRI, the PRC has introduced mechanisms to the international level, which reflect its domestic policy-making mode. In addition, the PRC has institutionalized the initiative by establishing China-centered BRI networks across a wide range of policy areas. Within those emerging China-centered BRI networks, the PRC systematically increases its international discursive power, for example, by inserting Chinese vocabulary into UN resolutions or by promoting Beijing's approaches vis-à-vis 'the rule of law' across a range of developing states. This book also further discusses the implications of the BRI for the international legal order.
A Chinese Theory Of International Law
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Author : Zhipeng He
language : en
Publisher: Springer Nature
Release Date : 2020-03-14
A Chinese Theory Of International Law written by Zhipeng He and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-14 with Law categories.
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.
Chinese Perspectives On The International Rule Of Law
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Author : Matthieu Burnay
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27
Chinese Perspectives On The International Rule Of Law written by Matthieu Burnay and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
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.
Chinese Law
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Author : Jianfu Chen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-07-14
Chinese Law written by Jianfu Chen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-14 with Political Science categories.
Law, in particular its actual functioning in any given society, is above all a part of the culture of that society - a part of its historical, political, social and intellectual creation. If a black-letter' approach towards law in the West is under increasing criticism, it is particularly unhelpful, if not misleading, in understanding Chinese law, its nature and developments. Rather, to understand Chinese law, its nature and developments, we need to examine the Chinese legal traditions, the prevailing political and economic situations, Party policies on economic reform and tolerance towards political liberalisation, and scholarly discussions and debate. This is the approach of this book. Its aim is to put Chinese law in context', to outline the nature and present status of its development, and to analyse the meaning of the law within the Chinese context. However, this monograph does not ignore the practical needs for determining the precise contents of the black- letter' law either. A study of this kind necessarily involves a process of topic selection. However, to avoid over-generalisation and over-simplification, it also demands a considerable degree of comprehensiveness in coverage. For this reason, the book covers what the Chinese scholars term fundamental law' and basic branches' of law, while other topics are covered because they are either crucial for the understanding of the law (such as legal traditions in China) or of practical importance (such as foreign investment and trade). Chapter One provides an historical background to traditional Chinese legal culture' and modern law reforms. The historical background of specific topics is examined as the topics are analysed inthe following chapters. Chapter Two deals with the changing fate of law under Communist rule. Its focus is on the underlying factors and justifications for such changes. Chapter Three introduces discussions on specific branches of law, from public law (constitutional law, law-making, administrative law, criminal law, criminal procedure law) to private' law (civil law, family law, contracts, law on business entities, and law on foreign investment and trade). Each of these is dealt with in a separate chapter. After the analysis of these substantial topics, certain conclusions are drawn, which attempt to define the nature of Chinese law and its developments in present-day China.
International Law In China
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Author : Zhaojie Li
language : en
Publisher: National Library of Canada = Bibliothèque nationale du Canada
Release Date : 1997
International Law In China written by Zhaojie Li and has been published by National Library of Canada = Bibliothèque nationale du Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with China categories.
Today, different attitudes of various nations towards international law, different forms of civilization, history, and tradition have been exerting themselves as never before on the development of international law. Accordingly, a comprehensive study of these attitudes and a profound exploration and identification of factors of decisive importance for the formation and development of these attitudes are indispensable to, and vitally important for, the future development of international law. The present study focuses on one country, namely, China. This study attempts to make as comprehensive and inquiry as possible and over an extensive time-scale into the Chinese attitude towards international law from a broad world order perspective.
Chinese Law Context And Transformation
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Author : Jianfu Chen
language : en
Publisher: BRILL
Release Date : 2015-12-04
Chinese Law Context And Transformation written by Jianfu Chen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-04 with Law categories.
Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
The Status Of Customary International Law Treaties Agreements And Semi Official Or Unofficial Agreements In Chinese Law
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Author : Hongda Qiu
language : en
Publisher: School of Law University of Maryland
Release Date : 1989
The Status Of Customary International Law Treaties Agreements And Semi Official Or Unofficial Agreements In Chinese Law written by Hongda Qiu and has been published by School of Law University of Maryland this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.