Generally, there has been significant scholarship on the topic of China and international law (IL), but this volume stands unique by being both the latest work in the field and the most comprehensive. Drawing on solid first-hand Chinese practice, the book presents a panorama and inquires as to “the degree to which China assimilates into international law, and how it may intend to put its stamp on it” (p. 1). This is not a novel question, but the ambition to produce a satisfactory answer persists, and in reply, the contributors reflect on whether China’s interaction with IL can properly fit into one or more of the following categories: “international norm-taking, international norm-upholding, international norm-selective adaptation, international norm-entrepreneurship, international norm-shaping, international norm-challenging and international norm-making” (p.1).
Part I addresses three fundamental concepts: Reform and Opening-up (Chapter 1), The Belt and Road Initiative (Chapter 2), and The Community of Shared Future for Mankind (Chapter 3), and while not being strictly legal terms, they remain essential to understanding the Chinese perspective on IL. Part II addresses the relation between national law and IL, and picks up unique points of reference: Chinese Constitution and IL (Chapter 4), Chinese perception on the rule of law and its international implications (with a comparative western counterpart analysis) (Chapter 2), and IL before Chinese courts (Chapter 3). Part III reviews selected areas of Chinese practice: China’s treaty practice (Chapter 7), state immunity (Chapter 8), and extraterritorial application of Chinese law (Chapter 9). Part IV on Peace and Security, addresses China’s approach to jus ad bellum in IL and cyberwarfare (Chapter 10), international terrorism law (Chapter 11), and international criminal law (Chapter 12). Part V, entitled “Human-Centered International Law,” groups together Chinese practice in three right-related areas: human rights law (Chapter 13), global health law (Chapter 14) and international humanitarian law (Chapter 15). Part VI uses the global commons as the theme underpinning the analysis on China’s approach to international environmental law (Chapter 16), law of climate change (Chapter 17), law of the sea (Chapter 18), and law of the outer space (Chapter 19). Part VII moves to international economic law, an area of IL that China began to encounter at a relatively early stage after the Reform and Opening-up, and in particular after China’s joining of the World Trade Organization. This enriching part covers international trade law (Chapter 20), international investment law (Chapter 21), international intellectual property law (Chapter 22), and international financial law (Chapter 23). The final Part VIII features international dispute settlement.
The book provides a comprehensive overview of the status quo of China and IL. However, it is perhaps more intended for non-Chinese audience, illustrating that there is nothing “mysterious” about China’s approach to IL. This approach is shaped by a variety of considerations that are thoroughly uncovered by each of the contributors and are similar to those of other states around the world. A reader may or may not find such considerations legitimate, but it is essential to bear them in mind when evaluating China’s practice in IL. The overall analysis in the volume is well balanced and critical. One will not fail to note, for example, Karen J. Alter and Ji Li’s exposition on the limits of China’s rule of law conception (Chapter 5), as well as Yun Zhao’s caution that China should move beyond the developing/developed countries divide and embrace the common interests of a truly international community (Chapter 1). For those seeking a comprehensive introduction to China’s engagement with IL, this book is an excellent starting point, offering “not a map but perhaps a compass” (p. 1).
Competing interests
None.