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Two sharply contrasting views of China exist today. On the one hand a rising superpower predicted to have the largest economy in the world by mid century, on the other hand a brutal, anachronistic and authoritarian regime, a threat to geo-stability and to the economies of the industrial world. So which China is the real China? Randall Peerenboom addresses this question by exploring China's economy, political and legal system, and most controversially, its recordon civil, political and personal rights in the context of the developing world. Avoiding polemic and relying on empirical evidence, this book seeks to bridge the gap in understanding about China and to create a firmer foundation for mutual trust, while recognising that there are inevitable risks in ashift in global power of this magnitude that will require hard headed pragmatism at times where interests collide.
Is there a distinctive Chinese model for law and economic development? In The Beijing Consensus scholars turn their collective attention to answer this basic but seemingly under-explored question as China rises higher in its global standing. Advancing debates on alternative development programs, with a particular focus on social and political contexts, this book demonstrates that essentially, no model exists. Engaging in comparative studies, the contributors create a new set of benchmarks to evaluate the conventional wisdom that the Beijing Consensus challenges and that of the Beijing Consensus itself. Has China demonstrated that the best model is in fact no model at all? Overall, this title equips the reader with an understanding of the conclusions derived from China's experience in its legal and economic development in recent decades.
Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike.
This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.
Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.
This book examines the development model that has driven China's economic success and looks at how it differs from the Washington Consensus. China’s Development Model (CDM) is examined with a view to answering a central question: given China’s peculiar matrix of a socialist party-state juxtaposed with economic internationalization and marketization, what are the underlying dynamics and the distinctive features of the economic and political/legal/social dimensions of the CDM, and how do we properly characterize their interrelations? The chapters further analyse to what extent and under what circumstances is China's development model sustainable, and to what degree is it readily applicable to other developing countries. Based on their findings in this volume, the authors conclude that the defining feature of the CDM’s economic dimension is "Janus-faced state-led growth," and the political/legal/social dimension of the CDM is best characterized as "adaptive post-totalitarianism." The contributors illustrate that the CDM’s parameters are shown to be much less sustainable than the CDM’s outcome in developmental performance and the extent to which the CDM can be applied to other late-developers is subject to more qualifications than its sustainability.
Can China peacefully attain great power status in the twenty-first century? Adopting a constructivist approach, the book argues that China's prospects for achieving great power status peacefully depend more on Chinese and international perceptions of China's rise/development than on concrete measures of power or economic benefits, because power considerations and economic self-interest reflect shifting perceptions that have their roots in factors, such as historical experience and national image. Incorporating historical perceptions, survey data and general analysis, the book explores Chinese foreign policies in international organizations, international trade, security relations and as a model for global governance, plus the reactions to those policies within the context of China's relations with Asian neighbours (India, Japan and the states of South-east Asia), existing international powers (the European Union, Russia and the United States), and emergent trading partners (Africa), representing a wider number of diverse states than are included in most books.