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 Featured Title
Assessing Treaty Performance in China
Trade and Human Rights
Pitman B. Potter  

$95.00 Hardcover
Release Date: 3/24/2014
ISBN: 9780774825597    

$34.95 Paperback
Release Date: 8/1/2014
ISBN: 9780774825603    

308 Pages

Asia Pacific Legal Culture and Globalization series


About the Book

Closer and more frequent contact among states brought about by globalization has led to an increase in trade and human rights disputes that can challenge economic relations and cloud political relationships. Preventing and managing these disputes requires a better understanding of the cross-cultural dimensions of treaty performance on trade and human rights, especially for increasingly important actors in the international system such as China.

Assessing Treaty Performance in China outlines a new approach for understanding China's treaty performance around international standards on trade and human rights, using the paradigms of selective adaptation and institutional capacity. Selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. Institutional capacity explains how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion.

The book focuses on legal performance rather than technical compliance to provide a more comprehensive perspective on China’s interaction with international treaty standards. It also offers policy suggestions for more effective engagement with China on trade and human rights issues.

About the Author(s)

Pitman B. Potter is Professor of Law in the UBC Law Faculty and HSBC Chair in Asian Research at UBC’s Institute of Asian Research. His teaching and research focus on PRC and Taiwan law and policy in the areas of foreign trade and investment, dispute resolution, property law, contracts, business regulation, and human rights. Dr. Potter has published several books, including most recently The Legal System of the People’s Republic of China (Polity Press, 2013) and Law Policy and Practice on China’s Periphery: Selective Adaptation and Institutional Capacity (Routledge, 2011). He has also published over one hundred articles and essays.

In addition to his academic activities, Dr. Potter is admitted to the practice of law in British Columbia, Washington, and California (inactive), and serves as a consultant to the Canadian national law firm of Borden Ladner Gervais LLP. He is engaged in international trade arbitration work involving China and is on the panel of arbitrators for the China International Economic and Trade Arbitration Commission as well as several regional arbitral bodies. He has served on the board of directors of several public institutions, including the Asia Pacific Foundation of Canada where he is currently a Senior Fellow. He recently chaired the APFC Taskforce Report, "Advancing Canada’s Engagement with Asia on Human Rights: Integrating Business and Human Rights" (2013).

Table of Contents


1 Encounters with International Trade Standards: China and the WTO
2 Performance of International Trade Standards I:Contract Law in China
3 Performance of International Trade Standards II:Property Law in China
4 Encounters with International Human Rights Standards
5 Treaty Performance on Human Rights: Sustainability and Social Justice



"This is a very important, path-breaking book that does not just add to the scholarly debate in the field but takes it to a new, higher level. Meticulously researched and theoretically innovative, the book makes a substantial contribution to knowledge in its treatment of the concepts of treaty performance and State adaptation to international legal standards."
-- Roda Mushkat, Professor of International Law, Hopkins-Nanjing Center, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University

Sample Chapter

Sample Chapter [PDF]

Related Topics

International Studies
Political Science

Other Ways To Order

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