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China and Transnational Legal Ordering: Disaggregating the State

Edited by: Ji Li, Gregory Shaffer

ISBN13: 9781009870726
To be Published: February 2027
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £44.00





Understanding China's interaction with transnational legal ordering is essential for understanding both legal change within China and developments in public and private international law and global governance. This edited volume develops and applies a systematic analytic framework for explaining China's engagement with international and transnational legal ordering by disaggregating the Chinese state. It examines how diverse state and non-state actors within China-government agencies, businesses, lawyers, legal scholars, and civil society organizations-shape its participation in transnational legal processes.

The book shows how different Chinese actors, operating with varying interests and ideational frames in different institutional settings have selectively internalized, adapted, resisted, and reinterpreted transnational legal norms over time across domains such as trade, investment, human rights, data governance, and other areas. Through detailed case studies, the volume demonstrates that China is neither simply a rule-taker nor a rule-breaker but a complex and evolving participant in transnational legal ordering.

Subjects:
Public International Law, Other Jurisdictions , China
Contents:
1. China and Transnational Legal Ordering: Disaggregating the State
Ji Li and Gregory Shaffer

Part I. China and Public International Law: Principles, Fields, and Institutions
2. Sovereignty, Sovereigntism, and Transnational Legal Ordering in China's Engagement with International Law: Continuity and Variation Over Time and Across Issues
Jacques deLisle
3. Playing Edge Ball: China and the Non-Intervention Principle
Matthew Erie
4. Reframing International Law: The China Strategy?
Karen Alter

Part II. China and Public International Law: Territory
Rights, and the Environment
5. The Formation of a Non-Participation Decision in China's South China Sea Arbitration Case: A Transnational Legal Ordering Perspective
Jiangyu Wang
6. China's Pragmatic Approach to International Human Rights Law
Sida Liu, Yun Xian and Sitao Li
7. Chinese Green Development, Offshore Wind, and the Reshaping of Global Environmental
Norms Alex Wang and Yuanyuan Zhang

Part III. China and International Trade and Investment Law:
8. China and International Trade and Investment Dispute Settlement: The Role of Key Chinese Actors
Gregory Shaffer, Henry Gao and Ji Li
9. Transnational Legal Ordering and National Security
Weijia Rao

Part IV. China and the Knowledge Economy:
10. China and the Transnational Legal Ordering of Intellectual Property
Wentong Zheng
11. The Transnational Aspects of Chinese Data Law
Rogier Creemers
12. China's Governance of Artificial Intelligence: Domestic Ordering and Global Influence
Mingwei Liu, Yi Su

Part V. China and Transnational Legal Ordering of Private Law:
13. From Soviet Roots to Global Standards? The Evolution of China's Commercial Arbitration Regime
Ji Li, Weixia Gu
14. Learning from Your Rival? The Surprising Convergence of Chinese and American Corporate and Securities Laws Wei Zhang
15. Transnational Legal Order and Resilient State Capitalism in China: A Case Study in Global Capital Markets
Weitseng Chen
16. China and Transnational Green Finance: Diverse Influences in an Unsettled Field
Virginia Harper Ho