From international to China-centred transnational approaches

Dispute Settlement

WTO litigation, ICJ participation, arbitration, mediation, Chinese courts, and forum design.

Analytical frame

China's dispute-settlement practice is not simply pro- or anti-adjudication. It is forum-specific: active in WTO litigation, cautious toward compulsory maritime adjudication, increasingly interested in mediation, and attentive to China-centred transnational mechanisms.

Featured documents and practice

PRC official document 2014-12-07 Ministry of Foreign Affairs

Position Paper on the Matter of Jurisdiction in the South China Sea Arbitration

关于菲律宾所提南海仲裁案管辖权问题的立场文件

PRC position rejecting jurisdiction in the arbitration initiated by the Philippines.

Central text for China's consent-based approach to international adjudication in maritime disputes.

Ministry of Foreign Affairs, 'Position Paper on the Matter of Jurisdiction in the South China Sea Arbitration' (7 December 2014).

International law document 2010-01-01 World Trade Organization

WTO dispute DS413 case page

WTO dispute settlement page for a China-related trade dispute or comparator dispute in China's trade-law practice.

Useful for mapping China's use of rules-based economic dispute settlement over time.

WTO, 'DS413: dispute settlement case page'.

Chronology signals

UNCLOS opened for signature

Maritime legal order becomes central to later Chinese practice.

Hong Kong handover

One country, two systems becomes a major sovereignty and legal-order issue.

Macau handover

Macau becomes the second SAR governed under one country, two systems.

China joins the WTO

China enters the multilateral trade law system.

Hong Kong one country, two systems white paper released

The State Council presents an official interpretation of central authority and Hong Kong autonomy.

China issues South China Sea jurisdiction position paper

China sets out objections to arbitral jurisdiction.

Selected readings

Core scholarship and books

39 items

Article / book 2024

China's Foreign State Immunity Law

William S Dodge - China's Foreign State Immunity Law - Chinese Journal of Transnational Law - 2024

Article introducing China's restrictive foreign state immunity law to English language readers.

Article / book 2024

The Jurisdiction of China International Commercial Court

Journal of Private International Law - The Jurisdiction of China International Commercial Court - 2024

Article on the substance and drawbacks of CICC jurisdiction.

Article 2024

Varieties of authoritarian legality

Asia Pacific Law Review / 2024

Introduces varieties of authoritarian legality as a comparative frame for understanding legal institutions under authoritarian governance.

Article / book 2024

New International Commercial Courts

Sean David Yates - New International Commercial Courts - Journal of International Dispute Settlement - 2024

Article on international commercial courts and delocalized adjudication.

Book 2024

The Cambridge Handbook of China and International Law

Ignacio de la Rasilla and Congyan Cai eds - The Cambridge Handbook of China and International Law - Cambridge University Press - 2024

Major handbook surveying China's engagement across international law fields.

Article 2024

Do Judges in China Follow Wrongly Decided Precedents?

Chinese Journal of Comparative Law / 2024

Empirically studies whether Chinese judges follow wrongly decided precedents and what that reveals about precedent-like authority in China.

Article 2024

Liquidated Damages in the New Civil Code of China

University of Pennsylvania Asian Law Review / 2024

Examines Chinese Civil Code rules on liquidated damages, adjustment mechanisms, delayed performance, and concurrent contractual damages.

Article 2023

On the International Law-Based International Order

Cai Congyan - On the International Law-Based International Order - Social Sciences in China - 2023

Article contrasting international law-based order with rules-based order discourse.

Article 2023

The China International Commercial Court

Xiangzhuang Sun - The China International Commercial Court - Chinese Journal of Transnational Law - 2024

Article on the origins and development of the CICC.

Article / book 2023

The Geoeconomics of Belt and Road Disputes

Mark McLaughlin - The Geoeconomics of Belt and Road Disputes - Asian Journal of International Law - 2023

Case study of BRI disputes through the China-Pakistan Economic Corridor.

Article 2020

Authoritarian International Law?

Tom Ginsburg, 'Authoritarian International Law?' (2020).

Launch bibliography item for scholarly review and expansion.

Article 2018

China's Rise: How It Took on the U.S. at the WTO

Gregory Shaffer and Henry Gao, 'China's Rise: How It Took on the U.S. at the WTO' (2018).

Launch bibliography item for scholarly review and expansion.

Reports and policy analysis

4 items

Report 2025

China's Mediation Initiative and Australia

AustChina Institute - China's Mediation Initiative and Australia - 2025

Policy analysis on Australia and the International Organization for Mediation.