Title: The rise of China and international law : taking Chinese exceptionalism seriously /
Authors: Cai, Congyan
Year: 2019
Subjects: International law China.; International and municipal law China.; Exceptionalism China.; Diplomatic relations; Exceptionalism; International and municipal law; International law; China Foreign relations; China
Abstract: 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 "Chinese0exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Contents: Introduction -- The relevance of international law -- State identity and legal policies -- Regimes -- Institutions -- Chinese courts -- Lawfare in the dispute settlement -- Conclusion : taking Chinese exceptionalism seriously.