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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.
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.
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R398
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