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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.
This interdisciplinary exploration of the modern historiography of
international law invites a diverse assessment of the indissoluble
unity of the old and the new in the most global of all legal
disciplines. The study of the history of international law does not
only serve a better understanding of how international law has
evolved to become what it is and what it is not. Its histories,
which rethink the past in the present, also influence our
perception of contemporary matters in international law and our
understandings of how they may potentially unfold. This
multi-perspectival enquiry into the dominant modes of international
legal history and its fundamental debates may also help students of
both international law and history to identify the historical
approaches that best suit their international legal-historical
perspectives and best address their historical and legal research
questions.
The history of international adjudication is all too often
presented as a triumphalist narrative of normative and
institutional progress that casts aside its uncomfortable memories,
its darker legacies and its historical failures. In this narrative,
the bulk of 'trials' and 'errors' is left in the dark, confined to
oblivion or left for erudition to recall as a curiosity. Written by
an interdisciplinary group of lawyers, historians and social
scientists, this volume relies on the rich and largely unexplored
archive of institutional and legal experimentation since the late
nineteenth century to shed new light on the history of
international adjudication. It combines contextual accounts of
failed, or aborted, as well as of 'successful' experiments to
clarify our understanding of the past and present of international
adjudication.
This interdisciplinary exploration of the modern historiography of
international law invites a diverse assessment of the indissoluble
unity of the old and the new in the most global of all legal
disciplines. The study of the history of international law does not
only serve a better understanding of how international law has
evolved to become what it is and what it is not. Its histories,
which rethink the past in the present, also influence our
perception of contemporary matters in international law and our
understandings of how they may potentially unfold. This
multi-perspectival enquiry into the dominant modes of international
legal history and its fundamental debates may also help students of
both international law and history to identify the historical
approaches that best suit their international legal-historical
perspectives and best address their historical and legal research
questions.
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