China's Law and Development: A Case Study of the China International Commercial Court

27 Pages Posted: 20 Apr 2021 Last revised: 4 Jun 2021

See all articles by Weixia Gu

Weixia Gu

University of Hong Kong - Faculty of Law

Date Written: April 20, 2021

Abstract

Established in 2018, the China International Commercial Court (CICC) represents a major step of China’s top-down effort in its capacity-building in terms of its national dispute resolution infrastructure, judicial personnel, as well as the ambition to create a Belt and Road lex mercatoria and legal harmonization.

Through a close examination of the legal framework of the CICC, this paper argues that the establishment of the CICC has showcased a shift in the paradigm in the Beijing Consensus in the context of law and development via a more active top-down, institutional and hard-law approach. The article argues that the shift in paradigm does not mean that China is necessarily moving away from or abandoning the norm-based soft-law approach. Instead, it is likely that both Yin (soft power) and Yang (hard power) of China’s law and development will be a complementary attempt in its overriding “Rule of Law China” (fazhi zongguo) vision. It is further argued that the establishment of the CICC will represent a reshaping and readjustment of the Beijing Consensus amidst the tension between Beijing’s Belt and Road Initiative and Washington’s Indo-Pacific Strategy, signifying a more determined and proactive mindset in the ideological tug of war in the realm of legal architecture and the international rule of law discourse.

Keywords: China International Commercial Court (CICC), legal infrastructure, capacity-building, paradigm shift, Beijing Consensus, law and development, China

JEL Classification: K40, K41, K49

Suggested Citation

Gu, Weixia, China's Law and Development: A Case Study of the China International Commercial Court (April 20, 2021). Harvard International Law Journal, Forthcoming, University of Hong Kong Faculty of Law Research Paper #2021/014, Available at SSRN: https://ssrn.com/abstract=3830253

Weixia Gu (Contact Author)

University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01249

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