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The Cambridge Handbook of China and International Law

Ignacio de la Rasilla (Wuhan University) Congyan Cai (Fudan University, Shanghai)

$283.95

Hardback

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English
Cambridge University Press
18 January 2024
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.

Edited by:   , ,
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
ISBN:   9781316517406
ISBN 10:   1316517403
Series:   Cambridge Law Handbooks
Pages:   610
Publication Date:  
Audience:   College/higher education ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active
Introduction: China and international law – not a map but perhaps a compass Ignacio de la Rasilla and Congyan Cai; Part I. Taking Centre Stage In Global Governance and the International Legal Order: 1.China's reform and opening-up and its move to international institutions Yun Zhao; 2. The belt and road initiative and the international legal order: why it happened, what it does and how, and what it brings about Congyan Cai; 3. The Community of shared future for mankind and international law Ignacio de la Rasilla and Yayezi Hao; Part II. Interfaces between National and International Law: 4. The constitution of China and international law: from selective adaptation to normative consensus Chao Wang and Xin Xiang; 5. Chinese and Western perspectives on the rule of law and its international implications Karen J. Alter and Ji Li; 6. International law in Chinese courts Björn Ahl;Part III. Selected areas of Chinese state practice: 7. China's treaty practices: politicization of law or legalization of politics? Carrie Shang Shu and Wei Shen; 8. The solid state of state immunity in the People's Republic of China Timothy Webster; 9. The 'effect doctrine' and the extraterritorial application of Chinese national laws: it's easier said than done Yongping Xiao and Lei Zhu; Part IV. International Peace and Security: 10. The Chinese approach to the jus ad bellum in International law and cyber-warfare Zhixiong Huang and Yaohui Ying; 11. China and international terrorism law Congyan Cai and Yifei Wang; 12. China and international criminal law: a dual-identity dilemma Dan Zhu; Part V. Human-Centred International Law: 13. China and international human rights law Ruijun Dai; 14. China and global health law in the face of COVID-19 Qingjiang Kong and Shuai Guo; 15. China and international humanitarian law Binxin Zhang; Part VI. The Habitat And The Global Commons: 16. China and international environmental law: sageliness within and kingliness without? Nengye Liu; 17. China and global climate change law governance: a unison of top-down governance and multi-stakeholder engagement approach Tianbao Qin and Bingyu Liu; 18. China and the law of the sea Haiwen Zhang; 19. China and the non-weaponization of outer space: towards a relational normativity Matthias Vanhullebusch; Part VII. International Economic Law: 20. China and International trade law: rising from within the system or always an outlier? Jiangyu Wang; 21. China: an emerging rule-maker in international investment law? Freya Baetens and Sheng Zhang; 22. China and international intellectual property law: striving to become a respected player Jianqiang Nie; 23. Chinese Multilateralism in international financial law Bin Gu; Part VIII. International Dispute Settlement: 24. China and international dispute settlement by adjudicative and other means Ignacio de la Rasilla and Yayezi Hao; 25. China and the settlement of territorial disputes Xinjun Zhang and Xidi Chen.

Ignacio de la Rasilla holds the Han Depei Chair and is a One Thousand Talents Plan Professor at the Wuhan University Institute of International Law and Wuhan Academy of International Law and Global Governance in China. He is the author or editor of six books including International Law and History, Modern Interfaces (Cambridge University Press, 2021). Congyan Cai is a professor of international law in the School of Law and an adjunct professor at School of International Relations and Public Affairs at Fudan University. He is the author of The Rise of China and International Law, Taking Chinese Exceptionalism Seriously (Oxford University Press, 2019).

Reviews for The Cambridge Handbook of China and International Law

'General de Gaulle once said: 'We may go to the moon, but that is not very far. The greatest distance we have to cover still lies within us.' As an international legal scholar and senior diplomat who has been engaged in the teaching and study of international law as well as in diplomatic practice for over forty years, I am convinced that The Cambridge Handbook of China and International Law will certainly be conducive to shortening the distance between China and the rest of the world.' Huang Huikang, member of the UN International Law Commission and Chairman of the Advisory Committee on International Law of the Ministry of Foreign Affairs of China; former Ambassador to Malaysia; Distinguished Professor, Wuhan University 'There is no shortage of academic and policy literature on the rise of China as a global power, but its specific implications for China's engagement with international law had until now remained under-explored. The Cambridge Handbook on China and International Law fills this gap, providing a much needed compass. It will be of great interest both to those whose work relates to China and to those working in any of the international law areas it covers where scholarship can no longer overlook the importance of China.' Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge; Research Professor of International Law, LUISS Rome; member of the Institut de droit international 'Is China a dangerous authoritarian threat to the rules-based international liberal order? Or is China a defender of international law and a champion of genuine and inclusive multilateralism? Views on these questions differ widely. Yet there is one point on which all can agree: it is increasingly important for international lawyers to understand China's approach to international law. The Cambridge Handbook of China and International Law provides a timely response to this significant need.' Anthea Roberts, Professor at the School of Regulation and Global Governance at the Australian National University and Visiting Professor at Harvard Law School; winner of the ASIL's Certificate of Merit


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