This volume outlines a new approach for understanding China's treaty performance around international standards on trade and human rights, using the paradigms of selective adaptation and institutional capacity. Selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. Institutional capacity explains how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion. The author also offers policy suggestions for more effective engagement with China on trade and human rights issues.

Closer and more frequent contact among states and societies brought about by globalization has led to an increase in trade and human rights disputes that can challenge economic relations and cloud constructive relationships. Preventing these kinds of disputes where possible and managing them when necessary requires a better understanding of the cross-cultural dimensions of treaty performance on trade and human rights. Assessing Treaty Performance in China examines the dynamics of Selective Adaptation and Institutional Capacity as foundations for China's legal performance around international standards on trade and human rights. The paradigm of Selective Adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. The paradigm of Institute Capacity helps explain how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion. These normative and operational perspectives are applied to China's legal performance on trade and human rights issues. For example, China's accession to the WTO is discussed as context for China's emerging legal regimes for contracts and property. This volume outlines a new approach for understanding the treaty performance of an increasingly important actor in the international system. It also offers policy suggestions for more effective engagement with China on trade and human rights issues.

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.

Global Health Security in China, Japan, and India assesses evolving global health security in three major Asian countries that adhere to the standards and targets in accordance with United Nations Sustainable Development Goals (SDGs). The COVID-19 pandemic has put a newfound emphasis on the importance of global health security: the idea that countries must cooperate to address international public health threats while meeting varied domestic health care needs. Balancing cost, affordability, stakeholder demands, political ideology, and global economic pressures, all three countries have made significant advances in health law and policy over the past decade.

Volume 36 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2018. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific. Questions and comments can be directed to the editorial board of the Yearbook by email at [email protected].

This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Featuring contributions from top scholars and emerging stars in the field, the Handbook of Protest and Resistance in China captures the complexity of protest and dissent in contemporary China, while simultaneously exploring a number of unifying themes. Examining how, when, and why individuals and groups have engaged in contentious acts, and how the targets of their complaints have responded, the volume sheds light on the stability of China’s existing political system, and its likely future trajectory.

This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.

Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This collection introduces the innovative concept of “grey zones” of global governance, where international rules are bent or ignored. These zones are significant, contested spaces for state policy and market behaviour to interact with respect to trade, the environment, food security, and investment. Powerful incentives exist in the global economy for states to harmonize their policies through trade and investment agreements. But grey zones both promote uniformity in many areas of public life and facilitate diverse forms of capitalism in market societies. They enable governments to balance national and global economic benefits as they advance their core interests. At a time of growing nationalist sentiment, Grey Zones in International Economic Law and Global Governance explores creative local engagement with international economic law and offers a bold new way to understand public concerns about international trade and investment, food security, green energy, subsidies, and anti-dumping actions.