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Lu Xu

Abstract

This article identifies and clarifies some of the miscommunication between Chinese and English in the discussion of rule of law or rule by law. “Rule by law” is not a concept readily understandable by a Chinese audience because there is no acceptable translation or equivalent in Chinese. At the same time, the historical and contextual significance of the different denotations of “rule of law” in Chinese is often overlooked in an English-speaking environment. Meanwhile, the abstraction in critical examination of Chinese law often masks significant changes taking place in China’s construction of a “socialist rule of law with Chinese characteristics”, such as the emergence of a system of case law. The different components and aspects of such a system, ranging from the guidance cases system published by the Supreme People’s Court, to the largest database of judicial decisions in the world, and the newly established China International Commercial Court under the Belt and Road Initiative could fundamentally alter and structure, nature and principles of Chinese law as we know it.

Tom Harper

Abstract

The Belt and Road Initiative alongside the Shanghai Cooperation Organisation are the latest phase of China’s return to the Eurasian landmass after the collapse of the Soviet Union. China has reshaped Eurasia in several ways, which includes the common definition of this concept, which had largely been perceived as a chiefly Russian entity. This is rooted in Halford Mackinder’s The Geographical Pivot of History, which depicted the Eurasian landmass as a threat to Britain’s maritime hegemony with the advent of rail. While the traditional focus had been on Eurasia as the Russian empire, Mackinder also alluded to a Eurasian empire created by ‘Chinese organised by Japanese’ as a result of the latter’s development during the Meiji Restoration. While this did not come to pass, it has become an imperative to consider the notion of an Asian power in Eurasia due to China’s rise.

The purpose of this paper is to argue that China is as much a Eurasian power in the vein of Mackinder’s theories as Russia is, with the BRI providing a potential opportunity to further integrate with Eurasia. In addition, the initiative is also symbolic of China’s bid to create an alternative order both in Eurasia and the wider world as part of its global role to challenge the dominance of the United States, which raises the spectre of Mackinder’s warning over a challenger emerging from the Eurasian Heartland.

Joshua Andresen

Abstract

China’s Belt and Road Initiative (BRI) is the largest investment in global infrastructure of all time, easily outpacing the United States’ Marshall Plan following World War II. Despite the BRI’s aspirations, it has been called into question from an increasing range of perspectives. This article focuses on security questions raised from the American perspective. By placing the BRI in historical and global perspective, I will critically evaluate the questions raised by American observers in order to separate the concerns we should take seriously from those that are overblown. The Belt and Road initiative and accompanying military buildup have been heralded as a fundamental change in the global order. Whether that is the case, of course, remains to be seen. What is certain, however, is that the balance of regional economic and military power is undergoing a dramatic change.

Bryane Michael and Say Goo

Abstract

To what extent do corporate governance practices in one jurisdiction affect another? In this paper, we look at the way that Hong Kong’s and the Mainland’s corporate governance practices have co-evolved, along with offshore incorporations from both places. Drawing on empirical illustrations of the data using analytical techniques like differential equations and Fourier Spectral Analysis, we find a strong relationship across time between changes in corporate governance practices in both jurisdictions as well as offshore incorporations. Our data also support the idea of a theory-free equilibrium level of corporate governance (determined by market participants’ own behaviour rather than by a theory-laden econometric model). We show that lethargy likely explains the persistence of corporate governance practices in both places, with innovations in one place correlating with innovations in the other. Such work clearly implies that corporate governance improvements in one place can help encourage such improvements in other markets which have not adopted laws aimed at improving corporate governance.

Mala Sharma

Abstract

China’s Belt and Road Initiative (BRI) as a geoeconomic vision and geopolitical strategy is closely watched and scrutinised by Indian economists, diplomats, and strategists. Perspectives on India’s approach to the BRI can broadly be classified into three—the optimist, the sceptic and the cautionary. Whereas, economists generally appear optimistic, there is a sense of uneasiness within India’s strategic community that the BRI represents much more than China’s ambition to emerge as an economic leader in the region. This article argues that India’s approach to the BRI has largely been pragmatic, cautious and complex. Accordingly, India has taken an atomistic approach to the various components of the BRI depending on its security and economic needs, which explains why on the one hand India has become increasingly receptive of the Bangladesh-China-India-Myanmar Economic Corridor (BCIM EC) and on the other continues to publicly oppose the China-Pakistan Economic Corridor (CPEC).

Xinmin Ma

Abstract

The 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention) is one of the most important accomplishments in the development of international law in the twentieth century. As a comprehensive compilation of the modern law of the sea, the UNCLOS not only codifies numerous customary rules of law of the sea, but also progressively develops the treaty rules of law of the sea. Especially the three bodies established by the UNCLOS, namely the International Seabed Authority (ISA), the International Tribunal for the Law of the Sea (ITLOS) and the Commission on the Limits of the Continental Shelf (CLCS), have played an important role in facilitating the implementation of the UNCLOS and promoting stability and development of the international marine order. As a member of the big family of the States Parties to the UNCLOS, China has been faithfully fulfilling the obligations of the UNCLOS, fully engaged in the work of the three bodies and actively contributing its solutions and wisdom. In the process of implementing the UNCLOS, China has formed its own practices and policies.

Dimitris Liakopoulos

Abstract

The evolutionary interpretation of a norm presents a similar nature—even if obviously not identical—to the modification of the law, which is a process that follows an interpretative method that must be particularly careful not to be in contrast with the intention of the states concerned by the rule. Interpretation in practice, in speciem in the World Trade Organization becomes prescriptive to descriptive, since our aim will be to see the theme of evolutionary interpretation through the jurisprudence of the Organization.

Juan Pablo Bohoslavsky

Abstract

This article offers, using a human rights approach, an in-depth analysis of the functioning of the China’s regulatory framework applicable to external lending through national and international financial institutions as well as concrete proposals to enhance that framework. The article describes and critically assesses the institutional and legal framework of the Chinese international lending and outbound investment, it studies the main trends in the Chinese lending to developing countries in the context of the Chinese “Going Global” strategy, and it presents the human rights impact of external lending and outbound investments in terms of both their positive effects and good practices as well as challenges and concerns. A particular attention is paid to the case of the new pertinent multilateral development banks: New Development Bank and Asian Infrastructure Investment Bank. After presenting the conclusions the article ends proposing for discussion recommendations addressing a wide range of stakeholders.

Editor-in-Chief Qingjiang Kong

This is a fully Open Access journal, which means that all articles are freely available online, ensuring maximum, worldwide dissemination of content. Thanks to generous support of China University of Political Science and Law, all article publication fees are waived.

The Chinese Journal of Global Governance (CJGG) is dedicated to the studies of the legal development in the globalization era, and particularly to the global governance and its interaction with the international rule of law. CJGG aims to provide a forum for scholars, practitioners and policy-makers to discuss a broad range of legal issues about globalization, global governance and international law. The journal considers articles that provide in-depth analysis of global governance issues, the impact of global governance on international legal order, and the response of international communities, nation states and non-governmental organizations in terms of international institution-building and international law enforcement. Normative analyses and empirical studies in the area of global governance are welcome in CJGG as the journal will cover certain "core" fields such as international law, international studies, international politics and economics.

Online submission: Articles for publication in The Chinese Journal of Global Governance can be submitted online through Editorial Manager, please click here
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