China, India, and International Law: A Justice Based Vision Between the Romantic and Realist Perceptions

Forthcoming, Asian Journal of International Law

NUS Law Working Paper No. 2018/30

39 Pages Posted: 9 Nov 2018 Last revised: 12 Nov 2018

See all articles by M. Sornarajah

M. Sornarajah

National University of Singapore - Faculty of Law

Jiangyu Wang

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Date Written: October 23, 2018

Abstract

This paper aims to build an analytical framework and a research agenda for a study of the potential impact of the rise of China and India on international law. In light of the possibility that the two states may, together or individually, make changes in international law and shift it from its present Europe-America moorings, this paper attempts to analyze and answer three questions: (1) the common and different stances of China and India on the existing international legal order; (2) the changes China and India have sought to the international status quo; (3) the contributions that have been or could be brought by China and India to the development of international law and their implications for the future. It proposes an analytical framework in which these questions are looked through two lenses: the romantic vision and the realist vision.

Keywords: International law; international order; international law and international relations; China; India; China and India

JEL Classification: K33

Suggested Citation

Sornarajah, M. and Wang, JiangYu, China, India, and International Law: A Justice Based Vision Between the Romantic and Realist Perceptions (October 23, 2018). Forthcoming, Asian Journal of International Law; NUS Law Working Paper No. 2018/30. Available at SSRN: https://ssrn.com/abstract=3271597 or http://dx.doi.org/10.2139/ssrn.3271597

M. Sornarajah

National University of Singapore - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

JiangYu Wang (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong
34427026 (Phone)

HOME PAGE: http://www.cityu.edu.hk/slw/people/people_wang_jiangyu.html

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