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China and International Law in the 21st Century
Volume I Rising Dragon

Book Description
Publication date: December 1, 2013
ISBN : 979-11-85315-05-8
PRICE : 150USD / 150,000won

China's rise is one of the most noticeable features of the twenty-first century global affairs. As the world's largest populated country, she has been fast attaining the status of a truly hegemonic power in the world as well as Asia. China's GDP is expected to surpass that of the United States' in a number of years which will lead to changes in the political economy of the international community. China is finally becoming a superpower of the contemporary world. Its practices are grounds for the new international custom; its attitudes towards international law are shaping the future.
Titled , this book collects the academic papers of Chinese lawyers published at the Journal of East Asia and International Law spanning from volume 1(2008) to volume 5(2012). More than twenty leading Chinese lawyers have participated in this publication. Each article represents native Chinese viewpoints on highly topical regional and global affairs. As a whole, the book can thus be a well-designed blueprint to analyze and predict China's law and policy in various issue areas.
Nineteen papers have been selected for the book. They are divided into the following categories: Security and Human Rights, Environment, Maritime Affairs, Economy and Trade, Civil Aviation and Outer Space Development, and Private International Law. The section includes three articles on Tibet, PSI and ethnic minorities in China each of which is very contentious issue. Here, China's positions on these matters have been clearly manifested. The section contains articles on marine ecological damage and the Clean Development Mechanism in China. Articles in the section mainly deal with the on-going territorial and fisheries issues with neighboring countries in and around the China's coastal areas. This section also includes an article on the more global question of piracy. Leading international lawyers of China have contributed their ideas to the section. These research topics are also intermingled with the critical issues regarding Cross-Strait cooperation, human rights, copyrights, and ASEAN. The section touches on the enthusiastic national interest of China in this field. Finally, this book publishes an article on the changing private international law of China.
The five-year period when these articles were individually published at the Journal of East Asia and International Law was a historical turning point of China forging her identity as a key player in the turbulent global community. I believe this book is a collective academic response of Chinese legal scholarship to the challenges from the outside world. Such an effort will help readers to understand the real position of China in the face of globalization. Hopefully, it will modify the ill-defined anxiety that people harbor towards this fast coming superpower into mutual trust and, more fundamentally, the common good of today and tomorrow. -->

Table of Contents

Part I: Security and Human Rights

Yongmin Bian, Legal Autonomy of Tibet: A Chinese Lawyer's Perspective
Mincai Yu, China's Position on the Proliferation Security Initiative and Its Reappraisal
Lijiang Zhu, The Right of Ethnic Minorities to Free Interpretation in Criminal
Proceedings under International Law: With Special Reference to China

Part II: Maritime Affairs

Hui Wu & Dan Zhang, Territorial Issues on the East China Sea: A Chinese Position
Manjiao Chi, Finding out the' Achilles'Heels': Piracy Suppression under International Law and Chinese Law
Junwu Pan, Territorial Dispute between China and Vietnam in the South China Sea: A Chinese Lawyer's Perspective
Zewei Yang, The Present and Future of the Sino-South Korean Fisheries Dispute: A Chinese Lawyer's Perspective

Part III: Environment

Xiaoqin Zhu & Lin Dong, Legal Remedies for Marine Ecological Damage in China:
As Illustrated by the Tasman Sea Oil Spills Case
Xiaoyi Jiang & Fahui Hao, Legal Issues for Implementing the Clean Development
Mechanism in China

Part IV: Economy and Trade

Congyan Cai, Human Rights Conditionality in International Economic Relations: A Chinese Lawyer's Perspective
Liang Zhang, Unprecedented RTA Practices between the Customs Territories of China
Zhichao Chen, The Cross-Strait Economic Cooperation Framework Agreement: Deliberation on Economic, Political and Legal Aspects
Huan Qi, Investment Law in the China-ASEAN Free Trade Agreement
Zhongfa Ma & Yan Zhang, TRIPs Agreement and Enforcement of the Intellectual Property Rights in China

Part V: Civil Aviation and Space Development

Yu Gong, U.S.-E.U. Open Skies Deal and Its Implication for the Liberalization of International Air Transport Services: A Chinese Perspective
Yun Zhao, Disaster Management and the Tampere Convention
Yun Zhao, The Way Forward for Promoting Awareness of Space Law in Asia: A Proposal for Institutional Capacity Building
Yan Ling, Prevention of Outer Space Weaponization under International Law: A Chinese Lawyer's Perspective

Part VI: Private International Law

Zhengxin Huo, Reshaping Private International Law in China: The Statutory Reform of Tort Conflicts

About the Editor

Eric Yong Joong Lee is the President of YIJUN Institute of International Law as well as Professor of International Law at Dongguk University, Seoul, Korea. He is also serving as Secretary & Treasurer for the Korean branch of the International Law Association ("ILA"). Professor Lee obtained his A.B.(political science) and M.P.A.(public policy) from the University of Washington and Seoul National University, respectively. Then, he continued to study international law at Leiden University for LL.M. and completed his Ph.D. in the same field under the supervision of Professor Peter Malanczuk at Erasmus University Rotterdam, The Netherlands. As an analyst of international law based on international relations, Dr. Lee has authored books and articles in international dispute settlement, law of the sea, and inter-Korean relations. He may be contacted at: [email protected]