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

Sheehy, B 2006, 'Fundamentally conflicting views of the rule of law & implications for the China-Australia free trade agreement', Northwestern journal of international law and business, vol. 26, no. 2, pp. 226-266.


Document type: Journal Article
Collection: Journal Articles

Title Fundamentally conflicting views of the rule of law & implications for the China-Australia free trade agreement
Author(s) Sheehy, B
Year 2006
Journal name Northwestern journal of international law and business
Volume number 26
Issue number 2
Start page 226
End page 266
Total pages 41
Publisher Northwestern university, school of law
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.
Subject International Trade Law
Keyword(s) law
Rule of Law
commercial practice
the West
China
corollary Chinese principles
concomitants
commercial dispute resolution
China-Australia Free Trade Agreement
Copyright notice © Copyright 2006 Northwestern University School of Law
ISSN 0196-3228
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