Law

Global Governance, Conflict and China

By Matthias Vanhullebusch
Brill Nijhoff January 2018

Specifications

ISBN-13
9789004356467
Publisher
Brill Nijhoff
Publication
January 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

Acknowledgments
Table of Materials
List of Abbreviations
Introduction
1.
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
2.
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
3.
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
4.
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
5.
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
6.
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
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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