International Law in Chinese Courts During the Rise of China
Bibliographic Data
| ID | 9544124 |
|---|---|
| Authors | Congyan Cai (0000-0001-6150-2491, Xiamen University, corresponding author) |
| Year | 2016 |
| Volume | 110 |
| Issue | 2 |
| Pages | 269-288 |
| Publication date | 2016-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.5305/amerjintelaw.110.2.0269 |
| OpenAlex | W2510823969 |
| Language | EN |
| Citations received | 1 |
| References cited | 12 |
The number of countries in which domestic courts are actively engaged with major public affairs has increased markedly since the early 1990s. In many transitional states, in particular, domestic courts have ruled on great constitutional controversies, which influence the national political process. They have also taken an active role in the application of international law— especially human rights treaties—and at times treat such treaties as a “New Standard of Civilization.” In particular, domestic courts have at times invoked international law in becoming more aggressive toward the executive branch. This trend has been one normative element inspiring some theorists to propose a new field known as comparative international law. This article highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent years
China · Comparative law · Element (criminal law · Executive branch · Human rights · International law · Municipal law · Normative · Political science · Politics · Corporate Law and Human Rights · International Law and Aviation · International Law and Human Rights · Law
Two Treatises of Government, by John Locke, Peter Laslett
The Judicial Reform in China
International Treaties in the Chinese Domestic Legal System
State Immunity, China and Its Shifting Position
Implementation of Human Rights Treaties by Chinese Courts
Comparative International Law? The Role of National Courts in Creating and Enforcing International Law
Reclaiming Democracy
International Law in National Legal Systems
Human Rights
Plaintiff's Diplomacy
John Locke Two Treatises of Government
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2022 - 2022 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |