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China, State Sovereignty and International Legal Order
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Protection of Sexual Minorities since Stonewall
The Stonewall Riot in New York in 1969 marked the birth of the sexual minority rights movement worldwide. In the subsequent four decades, equality and related rights on grounds of sexual orientation and gender identity have been enshrined in many African, Asian, Australasian, European and North American countries, thanks to better informed discourses of the natures of sexual orientation, gender identity, equality and rights that systematic scientific and socio-legal research has generated. Discrimination, harassment and persecution on grounds of a person’s sexual orientation or gender identity, however, continue to pervade the laws and social norms in all developed and developing countries...
China, State Sovereignty and International Legal Order
In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China's exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.
Equality in Asia-Pacific
In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, stating every human being’s right of equality in dignity and right. However, notwithstanding recognition by the international community of its importance and codification in numerous national and sub-national constitutions and legislation, reinforced by various multilateral and regional human rights treaties, the right of equality continues to be unable to take complete firm hold in all regions and countries. Evidence, as presented by the insightful papers in this collection, published initially as a Special Double Issue of The International Journal of Human Rights dedicated to exploring the ...
Global Governance, Conflict and China
Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.
Self-determination and Minority Rights in China
In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.
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.
Revolution, State Succession, International Treaties and the Diaoyu/Diaoyutai Islands
Dynamism in Sino-Japanese relations, of which the Diaoyu/Diaoyutai Islands dispute constitutes a major part, has greatly overshadowed not only prospects of positive collaboration between China and Japan, but also regional order in East Asia. On the surface, the essence of the dispute focused on sovereignty, which entails competition for maritime resources development and strategic access to the adjacent waters as a critical transportation and military route. What lies at the crux, however, is the conflict between different sets of values, which lead and shape their interpretations of international treaties, changes of governments, and impacts of this upon these Asian states’ attitudes towa...
Neo-nationalism and Universities
"This book offers the first significant examination of the rise of neo-nationalism and its impact on the missions, activities, behaviors, and productivity of leading national universities. This book also presents the first major comparative exploration of the role of national politics and norms in shaping the role of universities in nation-states, and vice versa, and discusses when universities are societal leaders or followers-in promoting a civil society, facilitating talent mobility, in researching challenging social problems, or in reinforcing and supporting an existing social and political order"--
Transoceanic Perspectives in Amitav Ghosh’s Ibis Trilogy
Transoceanic Perspectives in Amitav Ghosh’s Ibis Trilogy studies Ghosh’s Sea of Poppies (2008), River of Smoke (2011) and Flood of Fire (2015) in relation to maritime criticism. Juan-José Martín-González draws upon the intersections between maritime criticism and postcolonial thought to provide, via an analysis of the Ibis trilogy, alternative insights into nationalism(s), cosmopolitanism and globalization. He shows that the Victorian age in its transoceanic dimension can be read as an era of proto-globalization that facilitates a materialist critique of the inequities of contemporary global neo-liberalism. The book argues that in order to maintain its critical sharpness, postcolonialism must re-direct its focus towards today’s most obvious legacy of nineteenth-century imperialism: capitalist globalization. Tracing the migrating characters who engage in transoceanic crossings through Victorian sea lanes in the Ibis trilogy, Martín-González explores how these dispossessed collectives made sense of their identities in the Victorian waterworlds and illustrates the political possibilities provided by the sea crossing and its fluid boundaries.
