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Article: China’s Law and Development: A Case Study of the China International Commercial Court
Title | China’s Law and Development: A Case Study of the China International Commercial Court |
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Authors | |
Keywords | China International Commercial Court Legal infrastructure Capacity building Paradigm shift Beijing Consensus Law and Development China |
Issue Date | 2021 |
Publisher | Harvard University, Law School. The Journal's web site is located at http://www.harvardilj.org |
Citation | Harvard International Law Journal, 2021, v. 62 n. special issue, p. 67-104 How to Cite? |
Abstract | Established in 2018, the China International Commercial Court (CICC) represents a major step of China’s top-down effort in its capacity building in terms of its national dispute resolution infrastructure, judicial personnel, as well as the ambition to create a Belt and Road lex mercatoria and legal harmonization.
Through a close examination of the legal framework of the CICC, the paper argues that the establishment of the CICC has showcased a shift in the paradigm in the Beijing Consensus in the context of law and development via a more active top-down, institutional and hard-law approach. The article argues that the shift in paradigm does not mean that China is necessarily moving away from or abandoning the norm-based soft-law approach. Instead, it is likely that both Yin (soft power) and Yang (hard power) of China’s law and development will be a complementary attempt in its overriding “Rule of Law China” (fazhi zhongguo) vision. It is further argued that the establishment of the CICC will represent a reshaping and readjustment of the Beijing Consensus amidst the tension between Beijing’s Belt and Road Initiative and Washington’s IndoPacific Strategy, signifying a more determined and proactive mindset in the ideological tug of war in the realm of legal architecture and the international rule of law discourse. |
Persistent Identifier | http://hdl.handle.net/10722/301164 |
ISSN | 2019 Impact Factor: 1.650 2023 SCImago Journal Rankings: 0.201 |
SSRN |
DC Field | Value | Language |
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dc.contributor.author | Gu, W | - |
dc.date.accessioned | 2021-07-27T08:07:03Z | - |
dc.date.available | 2021-07-27T08:07:03Z | - |
dc.date.issued | 2021 | - |
dc.identifier.citation | Harvard International Law Journal, 2021, v. 62 n. special issue, p. 67-104 | - |
dc.identifier.issn | 0017-8063 | - |
dc.identifier.uri | http://hdl.handle.net/10722/301164 | - |
dc.description.abstract | Established in 2018, the China International Commercial Court (CICC) represents a major step of China’s top-down effort in its capacity building in terms of its national dispute resolution infrastructure, judicial personnel, as well as the ambition to create a Belt and Road lex mercatoria and legal harmonization. Through a close examination of the legal framework of the CICC, the paper argues that the establishment of the CICC has showcased a shift in the paradigm in the Beijing Consensus in the context of law and development via a more active top-down, institutional and hard-law approach. The article argues that the shift in paradigm does not mean that China is necessarily moving away from or abandoning the norm-based soft-law approach. Instead, it is likely that both Yin (soft power) and Yang (hard power) of China’s law and development will be a complementary attempt in its overriding “Rule of Law China” (fazhi zhongguo) vision. It is further argued that the establishment of the CICC will represent a reshaping and readjustment of the Beijing Consensus amidst the tension between Beijing’s Belt and Road Initiative and Washington’s IndoPacific Strategy, signifying a more determined and proactive mindset in the ideological tug of war in the realm of legal architecture and the international rule of law discourse. | - |
dc.language | eng | - |
dc.publisher | Harvard University, Law School. The Journal's web site is located at http://www.harvardilj.org | - |
dc.relation.ispartof | Harvard International Law Journal | - |
dc.subject | China International Commercial Court | - |
dc.subject | Legal infrastructure | - |
dc.subject | Capacity building | - |
dc.subject | Paradigm shift | - |
dc.subject | Beijing Consensus | - |
dc.subject | Law and Development | - |
dc.subject | China | - |
dc.title | China’s Law and Development: A Case Study of the China International Commercial Court | - |
dc.type | Article | - |
dc.identifier.email | Gu, W: guweixia@hkucc.hku.hk | - |
dc.identifier.authority | Gu, W=rp01249 | - |
dc.description.nature | link_to_OA_fulltext | - |
dc.identifier.hkuros | 323381 | - |
dc.identifier.volume | 62 | - |
dc.identifier.issue | special issue | - |
dc.identifier.spage | 67 | - |
dc.identifier.epage | 104 | - |
dc.publisher.place | United States | - |
dc.identifier.ssrn | 3830253 | - |
dc.identifier.hkulrp | 2021/014 | - |