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The Rise of China and International Law
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...
The Cambridge Handbook of China and International Law
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 UN Security Council and the Maintenance of Peace in a Changing World
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.
The BRICS in the New International Legal Order on Investment
The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.
The UN Security Council and the Maintenance of Peace in a Changing World
Three experts present their perspectives on the Security Council's role in maintaining peace in a changing international order.
Emerging Powers, Global Justice and International Economic Law
The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a gene...
China and International Adjudication
China will eine "Führungsnation" im Völkerrecht werden. Dieses Buch zeigt mit einer ersten umfassenden Analyse von Fallrecht und chinesischen akademischen Debatten von 2002 bis 2018, dass die verstärkte Nutzung von internationalen Gerichten Teil eines breiten Unterfangens ist, Chinas wirtschaftliche und politische Erfolge zu konsolidieren, und erneut Großmachtstatus zu erlangen. Handels- und Investmentrecht, Seerecht und territoriale Fragen werden abgedeckt – auch zum Südchinesischen Meer – und ein jahrzehntelanger Prozess zwischen Vorsicht und Ambition nachgezeichnet. Diskussionsmuster und tatsächliches Engagement Chinas in allen Rechtsbereichen zeigen bemerkenswerte Gemeinsamkeiten, lediglich die Zeitpläne sind unterschiedlich.
Research Handbook on Unilateral and Extraterritorial Sanctions
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Decoding Chinese Bilateral Investment Treaties
Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.
The Oxford Handbook of Comparative Foreign Relations Law
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial preceden...
