The Rise of China and International Law: Taking Chinese Exceptionalism Seriously. By Congyan Cai

2021 ◽  
Author(s):  
Orli Zahava ◽  
Shirley V Scott
Keyword(s):  
International Law ◽  
Rise Of China ◽  
The Rise Of China

scholarly journals China in the Post-World War II International Legal System

2015 ◽  
Vol 01 (02) ◽  
pp. 205-222
Author(s):  
Sheng Hongsheng
Keyword(s):  
World War Ii ◽  
International Law ◽  
Legal System ◽  
World War ◽  
System A ◽  
Evolving System ◽  
International Legal Order ◽  
Rise Of China ◽  
International Legal System ◽  
The Rise Of China

Dramatic changes have taken place in the international legal system since the end of World War II, such as the expanding arenas for application of international law, the emergence of a series of new legal institutions, and the parallel extension of both rights and obligations of states. In recent years, new developments have been arising in the international legal system, manifested by three important sets of transition, that is, from a "sovereign priority" to a "human rights priority"; from "consent-orientation" to "coercion-orientation"; and from "integrity" to "fragmentation." The rise of China and the evolution of international law are closely related: while China's ascent has been achieved within the parameters of the international legal system, a more prosperous and stronger China will certainly influence the future trajectory of the evolving system. China should and can be a positive force in constructing a contemporary international legal order through promoting domestic justice and international rule of law. In this process, China needs to take a more proactive role and evolve from being a recipient to a rule-maker, in order to modify the outdated principles and rules in international law.

China, India, and International Law: A Justice Based Vision Between the Romantic and Realist Perceptions

2019 ◽  
Vol 9 (2) ◽  
pp. 217-250 ◽  
Author(s):  
Muthucumaraswamy SORNARAJAH ◽  
Jiangyu WANG
Keyword(s):  
International Law ◽  
Analytical Framework ◽  
Status Quo ◽  
China And India ◽  
International Legal Order ◽  
Rise Of China ◽  
The Common ◽  
Potential Impact ◽  
The Rise Of China ◽  
International Status

AbstractThis paper aims to build an analytical framework and a research agenda for a study of the potential impact of the rise of China and India on international law. In the light of the possibility that the two states may, together or individually, make changes in international law and shift it from its present Europe-America moorings, this paper attempts to analyze and answer three topics: (1) the common and different stances of China and India on the existing international legal order; (2) the changes China and India have sought to the international status quo; and (3) the contributions that have been or could be brought by China and India to the development of international law and their implications for the future. It proposes an analytical framework in which these questions are viewed through two lenses: the romantic vision and the realist vision.

The Rise of China and International Law

2019 ◽  
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
National Level ◽  
International Dispute ◽  
International Legal Order ◽  
Rise Of China ◽  
Rising China ◽  
Legal Policies ◽  
Identity Changes ◽  
The Rise Of China

The rise of China represents a far-reaching process of international relations in the twentieth century, which should bring about extensive but uncertain ramifications. How China interacts with international legal order—namely, how China takes advantage of international law to facilitate and justify its rise and whether and how international law is relied upon to engage a rising China—has been inviting growing debates among academics and policy circles. A couple of recently eye-catching events, for instance, China-Philippines South China Sea (SCS) arbitration and the China-U.S. trade war, have intensified unease in international society. This book for the first time provides a systematic and critical elaboration on interplay between a rising China and international law. It focuses on several crucial issues, including: Is international law relevant to the rise of China? How has China adjusted its international legal policies as China’s state identity changes over time, especially as it rises as a new great power? What methodologies does China adopt to comply with international law, in particular, to achieve its new legal strategy of norm entrepreneurship? What is the typology of China’s engagement with international organizations? How does China organize its domestic institutions to engage international law to enhance its rise? How does China use international law at the national level (Chinese courts) and the international level (lawfare in international dispute settlement)? And finally, how should “Chinese exceptionalism” be understood? This book adds important literature on emerging comparative international law.

International Law in Chinese Courts during the Rise of China

2018 ◽  
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Great Power ◽  
The Core ◽  
Rise Of China ◽  
The Rise Of China

This chapter highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent years. This chapter seeks to theorize Chinese judicial policy toward international law, without discussing this policy’s legitimacy. The core argument is that China’s 30-year pursuit of great power status has been a significant causal and explanatory factor in the particularities of approach, methodology, and structure in judicial application of international law by Chinese courts. Section II presents and discusses the Chinese legal system’s pathways for giving effect to international law. Section III reviews Chinese courts’ sensitivity to differences among the various categories of relationships governed by specific international rules, and explores their connection with, and implications for, the economic and geopolitical rise of China.

Lawfare in Dispute Settlement

2019 ◽  
pp. 267-320
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Community ◽  
Normative Framework ◽  
Rise Of China ◽  
Trade War ◽  
International Adjudication ◽  
The Rise Of China

This chapter examines how China resolves international disputes from the unique perspective of lawfare. It reviews the concept of lawfare and then invents a normative framework for analyzing lawfare. Furthermore, it examines China’s changing policies and practice in international adjudication in the context of the rise of China and the judicialization of international law. Relying on the normative framework for analyzing lawfare, this chapter analyzes how China understands and uses international law to handle the China-Philippines SCS arbitration and the China-U.S. trade war, which are two crises that China and the entire international community face.

Regimes

2019 ◽  
pp. 101-154
Author(s):  
Congyan Cai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Status Quo ◽  
International Regimes ◽  
Norm Compliance ◽  
The Status ◽  
Rise Of China ◽  
International Obligations ◽  
Rising China ◽  
The Rise Of China

This chapter examines China’s engagement with international regimes from perspectives of both norm compliance, which is the focus of China as a rule-taker, and norm entrepreneurship, which represents a major ambition of a rising China. It does not debate too much the status quo of China’s norm compliance or norm entrepreneurship. Instead, it focuses on what methodologies China adopts to comply with its international obligations and achieves its norm entrepreneurship. In doing so, this chapter examines how China engages the regimes in relation to peace, development, human rights, and new areas as well. This chapter informs people how international law enables the rise of China, how international law contains or fails to contain the rise of China, and how China seeks to reshape international law, thereby illustrating the multiplities of interactions between international law and the rise of China.

Chinese Courts

2019 ◽  
pp. 233-266
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Public Policies ◽  
National Courts ◽  
National Rule ◽  
Rise Of China ◽  
The Rise Of China ◽  
International Rule

This chapter explores the context, dynamics, methods, structure of the application of international law in Chinese courts and new roles that Chinese courts seek to play in the context of the rise of China. This chapter first discusses the implications of national courts on international rule of law and national rule of law by applying international law. It then examines the factors that are relevant to the application of international law by Chinese courts. More importantly, this chapter finds how Chinese courts, in order to enhance the rise of China, structurally apply international law, thereby showing the long-term judicial policy of China toward the application of international law. This chapter inform how national courts are organized and organize themselves to coordinate with other governmental organs to pursue public policies.

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