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Abstract:
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.
On the editors:
Ignacio de la Rasilla holds the Han Depei Chair and is a One Thousand Talents Plan Professor at the Wuhan University Institute of International Law and Wuhan Academy of International Law and Global Governance in China. He is the author or editor of six books including International Law and History, Modern Interfaces (Cambridge University Press, 2021). Congyan Cai is a professor of international law in the School of Law and an adjunct professor at School of International Relations and Public Affairs at Fudan University. He is the author of The Rise of China and International Law, Taking Chinese Exceptionalism Seriously (Oxford University Press, 2019).
Table of contents:
Introduction: China and international law – not a map but perhaps a compass Ignacio de la Rasilla and Congyan Cai
Part I. Taking Centre Stage In Global Governance and the International Legal Order:
1.China's reform and opening-up and its move to international institutions Yun Zhao
2. The belt and road initiative and the international legal order: why it happened, what it does and how, and what it brings about Congyan Cai
3. The Community of shared future for mankind and international law Ignacio de la Rasilla and Yayezi Hao
Part II. Interfaces between National and International Law:
4. The constitution of China and international law: from selective adaptation to normative consensus Chao Wang and Xin Xiang
5. Chinese and Western perspectives on the rule of law and its international implications Karen J. Alter and Ji Li
6. International law in Chinese courts Björn Ahl
Part III. Selected areas of Chinese state practice:
7. China's treaty practices: politicization of law or legalization of politics? Carrie Shang Shu and Wei Shen
8. The solid state of state immunity in the People's Republic of China Timothy Webster
9. The 'effect doctrine' and the extraterritorial application of Chinese national laws: it's easier said than done Yongping Xiao and Lei Zhu
Part IV. International Peace and Security:
10. The Chinese approach to the jus ad bellum in International law and cyber-warfare Zhixiong Huang and Yaohui Ying
11. China and international terrorism law Congyan Cai and Yifei Wang
12. China and international criminal law: a dual-identity dilemma Dan Zhu
Part V. Human-Centred International Law:
13. China and international human rights law Ruijun Dai
14. China and global health law in the face of COVID-19 Qingjiang Kong and Shuai Guo
15. China and international humanitarian law Binxin Zhang
Part VI. The Habitat And The Global Commons:
16. China and international environmental law: sageliness within and kingliness without? Nengye Liu
17. China and global climate change law governance: a unison of top-down governance and multi-stakeholder engagement approach Tianbao Qin and Bingyu Liu
18. China and the law of the sea Haiwen Zhang
19. China and the non-weaponization of outer space: towards a relational normativity Matthias Vanhullebusch
Part VII. International Economic Law:
20. China and International trade law: rising from within the system or always an outlier? Jiangyu Wang
21. China: an emerging rule-maker in international investment law? Freya Baetens and Sheng Zhang
22. China and international intellectual property law: striving to become a respected player Jianqiang Nie
23. Chinese Multilateralism in international financial law Bin Gu
Part VIII. International Dispute Settlement:
24. China and international dispute settlement by adjudicative and other means Ignacio de la Rasilla and Yayezi Hao25. China and the settlement of territorial disputes Xinjun Zhang and Xidi Chen.
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