Date: 2018
Type: Article
Legal, constitutional and cosmopolitan pluralism : a paradox? : a short reply to my Chinese critics
China and WTO review, 2018, Vol. 4, No. 2, pp. 319-336
PETERSMANN, Ernst-Ulrich, Legal, constitutional and cosmopolitan pluralism : a paradox? : a short reply to my Chinese critics, China and WTO review, 2018, Vol. 4, No. 2, pp. 319-336
- https://hdl.handle.net/1814/60346
Retrieved from Cadmus, EUI Research Repository
In their recent article titled, Pluralism or Cosmopolitanism? Reflections on Petersmann's International Economic Law Constitutionalism in the Context of China, Tao Li and Zuoli Jiang have criticized the alleged 'paradox' that my publications "stress 'legal pluralism' on the one hand, while calling for a cosmopolitan conception of IEL on the other hand." This short comment aims not only at clarifying conceptual misunderstandings due to our different "constitutional law perspectives," but also explaining why China should embrace a 'dialogical' rather than "exclusive legal perspectivism" by continuing to implement its international legal obligations (e.g., under the UN/WTO law) in good faith and assuming more leadership for the global public good of the rules-based world trading system, with due respect for its underlying 'legal pluralism' and often indeterminate 'basic principles.' My Chinese critics' emphasis on the reality of authoritarian Chinese "top-down conceptions" of law and governance neglects China's obligations under international law and China's compliance with the WTO, investment and commercial adjudication."
Additional information:
Published online: September 1, 2018
Cadmus permanent link: https://hdl.handle.net/1814/60346
Full-text via DOI: 10.14330/cwr.2018.4.2.05
ISSN: 2383-8221
Files associated with this item
Files | Size | Format | View |
---|---|---|---|
There are no files associated with this item. |