Fundamentally Conflicting Views of the Rule of Law in China and the West & Implications for Commercial Dispute

34 Pages Posted: 16 Aug 2005 Last revised: 19 Apr 2017

Date Written: August 4, 2005

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 and differences and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in the traditions of 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 discrepancies could be dealt with in the FTA.

Keywords: Rule of Law, China, Australia, Commercial Disputes, Legal Traditions, Corruption

JEL Classification: K1, K33, K41

Suggested Citation

Sheehy, Benedict, Fundamentally Conflicting Views of the Rule of Law in China and the West & Implications for Commercial Dispute (August 4, 2005). Northwestern Journal of International Law & Business, Vol. 26, No. 2, 2006, Available at SSRN: https://ssrn.com/abstract=777087 or http://dx.doi.org/10.2139/ssrn.777087

Benedict Sheehy (Contact Author)

University of Canberra ( email )

Canberra, Australian Capital Territory 2601
Australia

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