Fundamentally conflicting views of the rule of law & implications for the China-Australia free trade agreement

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Abstract

This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the China-Australia Free Trade Agreement could deal with in these discrepancies.
Original languageEnglish
Pages (from-to)226-266
Number of pages41
JournalNorthwestern Journal of International Law and Business
Volume26
Issue number2
Publication statusPublished - 2006
Externally publishedYes

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free trade
constitutional state
China
examination
Law
Free trade agreements
Rule of law
Dispute resolution

Cite this

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title = "Fundamentally conflicting views of the rule of law & implications for the China-Australia free trade agreement",
abstract = "This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the China-Australia Free Trade Agreement could deal with in these discrepancies.",
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AB - This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the China-Australia Free Trade Agreement could deal with in these discrepancies.

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