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Global Governance, Conflict and China

Global Governance, Conflict and China

Author: Matthias Vanhullebusch
Publisher: Brill Nijhoff
ISBN: 9789004356467
Published In: January 2018
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through China’s relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.

Acknowledgments

Table of Materials

List of Abbreviations

Introduction

China, Global Governance, and International Law: Towards a Relational Normativity

Introduction

I China and the Philosophy of Science: Towards a Relational Thought

A Western Epistemology and the Conflictual Paradigm

B Chinese Epistemology and the Complementarity Paradigm

C Chinese Communism and Relational Thought

II China and International Relations: Towards a Relational Governance

A Relational Governance and International Relations

B China and the Forms of Its Relational Governance

C China and the Quality of Its Relational Governance

III China and International Law: Towards a Relational Normativity

A Relational Normativity and International Law

B China and the Creation and Development of International Law

C China and the Interpretation and Application of International Law

Conclusion

China and Collective Security

Introduction

I China and the Prohibition of Aggression

A China and the War of Resistance against Japan

B China and the Korean War

C China and the Principle of Mutual Non-aggression

II China and the Right to Self-defence

A Individual Self-defence

B Collective Self-defence

C Pre-emptive Self-defence

III China and the Expanding Grounds on the Use of Force

A From Collective to Human Security

B Humanitarian Intervention

C Responsibility to Protect

Conclusion

China and Peacekeeping

Introduction

I China and the Principle of Non-interference

A Security Council Authorisation

B Consent of the Parties

C Regional Action

II China and the Principle of Impartiality

III China and the Use of Force

Conclusion

China and Arms Control

Introduction

I China and the Principle of Sovereign Equality

A National Security

B Economic Security

II China and the Principle of Non-proliferation

A Prevention

B Supervision

C Disarmament

III China and the Principle of Humanity

A Prohibited Use

B Restricted Use

Conclusion

China and the War on Terror

Introduction

I China and the Principle of Non-interference

II China and the Principle of Non-proliferation

III China and the Principle of Humanity

Conclusion

China and Post-Conflict Justice

Introduction

I China and the Principle of Judicial Sovereignty

II China and the Principle of Primacy

III China and the Principle of Complementarity

A Negotiating the Rome Statute

B Prosecution of Nationals of Non-icc Members

C The Proprio Motu Powers of the icc Prosecutor

Conclusion

I Global Governance, Conflict and … the Holy Trinity

II Through Consultation and Process

III Guided by Principles and Consensus

Bibliography

Index

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