International economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law. Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. Vadi

China's rise to prosperity on the international stage has been accompanied by increased tensions with international standards of law and governance. Exporting Virtue? examines China's internationalizing of PRC human rights policy and practice as an example of its international assertiveness, and considers the implications. China's international human rights activism is couched in terms of virtue but manifested as authoritarianism, inviting scholars and policy makers around the world to engage critically with the issue. Exporting Virtue? investigates the challenges that China's human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.

This book examines the Chinese government's policies and practices for relations with the Inner Periphery areas of Tibet, Xinjiang, and Inner Mongolia, and the Outer Periphery areas of Hong Kong and Taiwan focusing on themes of political authority, socio-cultural relations, and economic development. China's history may be seen as one of managing the geographic periphery surrounding China proper. Successive imperial, republican, and communist governments have struggled to maintain sovereignty over the regions surrounding the great river valleys of China.

The importance of the periphery is no less real today, concerns over national security, access to natural resources, and long-held concerns about relations between Han and other ethnic groups continue to dominate Chinese law, policy and practice regarding governance in the Inner Periphery regions of Inner Mongolia, Xinjiang, and Tibet. In the Outer Periphery, Beijing sees engagement with the outside world (particularly the West) as inextricably tied to Chinese sovereignty over former foreign colonies of Hong Kong and Taiwan.

Using the case study of national integration to indicate how policies are articulated and implemented through law and political-legal institutions, this book will be of interest to students and scholars of the peripheral regions. It will also appeal to academic and policy communities interested in legal reform in China

The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.

This book examines the Chinese government's policies and practices for relations with the Inner Periphery areas of Tibet, Xinjiang, and Inner Mongolia, and the Outer Periphery areas of Hong Kong and Taiwan focusing on themes of political authority, socio-cultural relations, and economic development. China's history may be seen as one of managing the geographic periphery surrounding China proper. Successive imperial, republican, and communist governments have struggled to maintain sovereignty over the regions surrounding the great river valleys of China. The importance of the periphery is no less real today, concerns over national security, access to natural resources, and long-held concerns about relations between Han and other ethnic groups continue to dominate Chinese law, policy and practice regarding governance in the Inner Periphery regions of Inner Mongolia, Xinjiang, and Tibet. In the Outer Periphery, Beijing sees engagement with the outside world (particularly the West) as inextricably tied to Chinese sovereignty over former foreign colonies of Hong Kong and Taiwan. Using the case study of national integration to indicate how policies are articulated and implemented through law and political-legal institutions, this book will be of interest to students and scholars of the peripheral regions. It will also appeal to academic and policy communities interested in legal reform in China

This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China. This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.

China's rise to prosperity on the international stage has been accompanied by increased tensions with international standards of law and governance. Exporting Virtue? examines China's internationalizing of PRC human rights policy and practice as an example of its international assertiveness, and considers the implications. China's international human rights activism is couched in terms of virtue but manifested as authoritarianism, inviting scholars and policy makers around the world to engage critically with the issue. Exporting Virtue? investigates the challenges that China's human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.

The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies uniformly adopting international standards, or are they adapting them to local norms and cultural values? This volume presents a new conceptual approach - the paradigm of selective adaptation - to explore and explain the reception of international trade law in the Pacific Rim. It brings together scholars from Australia, Canada, China, and Japan who reveal how the World Trade Organization's standards are being interpreted - and in some cases disputed - in selected countries. Building on a conceptual discussion of the normative and institutional contexts for international trade law, the authors draw on examples from China, Japan, Thailand, and North America to show that formal acceptance of international trade standards through accession to the World Trade Organization and the General Agreement on Tariffs and Trade does not necessarily lead to uniform enforcement and acceptance at the local level. Globalization and Local Adaptation in International Trade Law provides compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade rules.

The Economic Contract Law of China: Legitimation and Contract Autonomy in the PRC

The trade principles of Western liberal democracies are at the core ofinternational trade law regimes and standards. Are non-Westernsocieties adopting international standards, or are they adaptingthem to local norms and cultural values? This volume employs theparadigm of selective adaptation to explain the reception ofinternational trade law in the Pacific Rim. Drawing on examples fromChina, Japan, Thailand, and North America, the contributors show thatformal acceptance of international trade standards does not necessarilytranslate into uniform enforcement and acceptance at the local level.They offer compelling evidence that non-uniform compliance will be alegitimate outcome of the globalization of international trade law.