- Title Pages
- Contributors
- Acknowledgments
- 1 Conceptualizing Comparative International Law
- 2 Methodological Guidance
- 3 Comparative International Law, Foreign Relations Law, and Fragmentation
- 4 Why Comparative International Law Needs International Relations Theory
- 5 The Many Fields of (German) International Law
- 6 Crimea and the South China Sea
- 7 “<i>Shioki</i> (Control),” “<i>Fuyo</i> (Dependency),” and Sovereignty
- 8 Comparative International Law Within, Not Against, International Law
- 9 The Continuing Impact of French Legal Culture on the International Court of Justice
- 10 International Law in National Legal Systems
- 11 Objections to Treaty Reservations
- 12 Intelligence Communities and International Law
- 13 National Legislatures
- 14 International Law in Chinese Courts during the Rise of China
- 15 The Democratizing Force of International Law
- 16 Case Law in Russian Approaches to International Law
- 17 Doing Away with Capital Punishment in Russia
- 18 Comparative Views on the Right to Vote in International Law
- 19 When Law Migrates
- 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
- 21 Comparative International Law and Human Rights
- 22 CEDAW in National Courts
- 23 The Great Promise of Comparative Public Law for Latin America
- 24 Who Cares about Regulatory Space in BITs? A Comparative International Approach
- 25 Africa and the Rethinking of International Investment Law
- 26 Not so Treacherous Waters of International Maritime Law
- Index
International Law in Chinese Courts during the Rise of China
International Law in Chinese Courts during the Rise of China
- Chapter:
- (p.295) 14 International Law in Chinese Courts during the Rise of China
- Source:
- Comparative International Law
- Author(s):
Congyan Cai
- Publisher:
- Oxford University Press
This chapter highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent years. This chapter seeks to theorize Chinese judicial policy toward international law, without discussing this policy’s legitimacy. The core argument is that China’s 30-year pursuit of great power status has been a significant causal and explanatory factor in the particularities of approach, methodology, and structure in judicial application of international law by Chinese courts. Section II presents and discusses the Chinese legal system’s pathways for giving effect to international law. Section III reviews Chinese courts’ sensitivity to differences among the various categories of relationships governed by specific international rules, and explores their connection with, and implications for, the economic and geopolitical rise of China.
Keywords: international law, Chinese courts, rise of China, Chinese judicial policy, Chinese legal system
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- Title Pages
- Contributors
- Acknowledgments
- 1 Conceptualizing Comparative International Law
- 2 Methodological Guidance
- 3 Comparative International Law, Foreign Relations Law, and Fragmentation
- 4 Why Comparative International Law Needs International Relations Theory
- 5 The Many Fields of (German) International Law
- 6 Crimea and the South China Sea
- 7 “<i>Shioki</i> (Control),” “<i>Fuyo</i> (Dependency),” and Sovereignty
- 8 Comparative International Law Within, Not Against, International Law
- 9 The Continuing Impact of French Legal Culture on the International Court of Justice
- 10 International Law in National Legal Systems
- 11 Objections to Treaty Reservations
- 12 Intelligence Communities and International Law
- 13 National Legislatures
- 14 International Law in Chinese Courts during the Rise of China
- 15 The Democratizing Force of International Law
- 16 Case Law in Russian Approaches to International Law
- 17 Doing Away with Capital Punishment in Russia
- 18 Comparative Views on the Right to Vote in International Law
- 19 When Law Migrates
- 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
- 21 Comparative International Law and Human Rights
- 22 CEDAW in National Courts
- 23 The Great Promise of Comparative Public Law for Latin America
- 24 Who Cares about Regulatory Space in BITs? A Comparative International Approach
- 25 Africa and the Rethinking of International Investment Law
- 26 Not so Treacherous Waters of International Maritime Law
- Index
