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.

America’s exceptional empire

2017 ◽  
Author(s):  
Jude Woodward
Keyword(s):  
World Order ◽  
Great Power ◽  
Power Politics ◽  
The Us ◽  
Rise Of China ◽  
Great Power Politics ◽  
Strategic Position ◽  
The Rise Of China ◽  
Line P ◽  
Liberal Perspective

The Obama administration announced in 2010 that the US would make a strategic foreign policy turn towards Asia i.e. China. This chapter shows that the discussion on this policy in the US is framed by a shared perception that the rise of China presents an existential challenge to the US-led world order that has prevailed since 1945. Some see conflict as an inevitable consequence of Great Power politics; others allege conflict will be unavoidable because China has regional expansionist aspirations or because China is a revisionist power that does not accept the rules of the ‘pax Americana’. The Pentagon is developing military strategies in the case of conflict with China. This chapter demonstrates that wherever the argument, starts, whether from a neocon or liberal perspective, whether concerned about the US’s economic, military or strategic position, all arrive at the same conclusion: China must be brought into line.

American Grand Strategy in the Indo Pacific: Plus ça change?

2019 ◽  
Vol 92 (4) ◽  
pp. 741-757
Author(s):  
Thomas S. Wilkins
Keyword(s):  
International Relations ◽  
Grand Strategy ◽  
Strategic Culture ◽  
Ir Theory ◽  
Theoretical Understanding ◽  
The Core ◽  
Rise Of China ◽  
Critical Approaches ◽  
The Rise Of China ◽  
American Grand Strategy

In an era of heightened great power competition, debates about American grand strategy in the Indo-Pacific region have returned to the fore. This review essay looks at three recent volumes that directly address such debates. After introducing the concept of grand strategy, Part I reviews each of the books individually in sequence, outlining their scope, contents, and contributions. Part II then integrates the contributions of each of the volumes into a broader discussion relating to four pertinent issues: American perspectives on "Asia"; international relations (IR) theory; American strategic culture; and the rise of China, before concluding. The books under review are to differing degrees orientated toward one of the core IR theory paradigms: realism (Green), liberalism (Campbell), and constructivism/ critical approaches (Kang). As such, read together, they contribute to a multi-faceted theoretical understanding of US grand strategy in the Indo Pacific that will be of significant value to both scholars and practitioners.

Canada as a peninsula state: Conceptualizing the emerging geopolitical landscape in the 21st century

2019 ◽  
Vol 74 (3) ◽  
pp. 345-362
Author(s):  
Tsuyoshi Kawasaki
Keyword(s):  
United States ◽  
The United States ◽  
Great Power ◽  
Power Politics ◽  
Rise Of China ◽  
Key Policy ◽  
Great Power Politics ◽  
Arctic Ice ◽  
Rising Power ◽  
The Rise Of China

An unprecedented geopolitical landscape, driven by the reduction of Arctic ice and the rise of China as “a Polar power,” is emerging. What does this mean for Canada, and how should Canada respond to it in a systematic and strategic manner? We need a coherent and holistic conceptual framework to answer these key policy questions. Yet, the current literatures do not offer us such a concept. In an attempt to fill the void, this article presents a vision that conceives of Canada as “a peninsula state” exposed to great power politics in its vicinity, involving China as a rising power as well as the United States and Russia as resident powers. Furthermore, it argues that Canada should be prepared for three kinds of strategic dynamics as it enters the game of great power politics: theatre-linkage tactics and wedge-driving tactics vis-à-vis China and Russia, as well as quasi-alliance dilemma with the United States. Moreover, in order for Canada to cope with this complex international environment effectively, this article calls for creating a cabinet-level unit to coordinate various federal bureaucracies’ foreign and security policies.

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.

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.

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