Congyan Cai - Böcker

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.

Histories of International Law in China: All Under Heaven? offers a groundbreaking exploration of China's engagement with international law over the past two centuries. Written by an interdisciplinary group of international law scholars and legal historians, it provides a longue durée perspective, revealing both enduring patterns and profound shifts in China's approach to the global legal order.Beginning with China's millennia-old Sino-centric worldview-rooted in the Confucian concept of Tianxia (All under Heaven)-the book traces China's evolving relationship with international law from its period of isolation to its forced entry into the Western legal system during the First Opium War (1839-1842). It examines the transformation of China's legal landscape through the fall of the Qing Dynasty (1911), the Republican era (1912-1949), and the establishment of the People's Republic of China (1949). The book explores China's relationship with international law from 1949-including through the Cultural Revolution-until the 'reform and opening-up' era and the end of the Cold War. Histories of International Law in China sheds light on often-overlooked historical episodes and key conceptual legacies shaping China's approach to the international legal order. A unique feature is its curated biographies, including multiple long-forgotten or invisible protagonists, such as pioneering women in the history and theory of international law and China. Engagingly written and meticulously researched, this volume offers invaluable insights for legal scholars and researchers interested in understanding China's historical and contemporary role in shaping and making international law.

How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.

How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.

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.