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17 results

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
  • China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
  • Edited by Wenhua Shan, Sheng Zhang, Jinyuan Su
  • Published online: 03 March 2021
  • Print publication: 18 February 2021
  • View description
    Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.
  • A Trinity Analytical Framework for ISDS Reform
  • Wenhua Shan, Yunya Feng
  • Journal: AJIL Unbound / Volume 112 / 2018
  • Published online by Cambridge University Press: 24 September 2018, pp. 244-248
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    The American Journal of International Law’s recent articles on the reform of investor-state dispute settlement (ISDS) make important contributions to ongoing debates. The article by Sergio Puig and Gregory Shaffer elaborates on the methods of investment dispute resolution—the various institutional innovations that states might pursue to improve the system. The essay by Anthea Roberts in turn explores the subjects of investment dispute resolution—states and their varying positions on reform. In our essay, we supply a third perspective by discussing the objects of ISDS—that is, the disputes themselves, which vary considerably from one case to another. We believe that considering methods, subjects, and objects together—what we refer to as a “trinity analytical framework”—could assist states as they formulate their positions in the reform process going forward. At the same time, we do not think that all reform options are equally meritorious, and we critique Puig and Shaffer's proposal for complementarity between municipal courts and international mechanisms as at best premature.

  • Legal Education in China: The New “Outstanding Legal Personnel Education Scheme” and Its Implications
  • Wenhua Shan
  • Journal: Legal Information Management / Volume 13 / Issue 1 / March 2013
  • Published online by Cambridge University Press: 19 March 2013, pp. 10-24
  • Print publication: March 2013
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    After more than 60 years of development, the People's Republic of China has established the world's largest size of legal education, with 624 law schools and 450,000 thousands of undergraduate students currently enrolled. As Wenhua Shan explains, whilst the quality of education has also been improved, it generally falls short of meeting the domestic and international challenges that China is facing in legal education and practice. The most important measure recently adopted by the Chinese Government to enhance the quality of legal education, the “Outstanding Legal Personnel Education Scheme”, is poised to bring significant changes to the structure, contents and methods of Chinese legal education; and it will boost deeper cooperation between law schools and the practice sectors. Further measures are nevertheless required to achieve the desired results of the scheme and to place Chinese legal education in an internationally competitive position.