A STUDY OF CHINESE INTENTIONS TOWARDS WORLD ORDER THROUGH THE CHINA INTERNATIONAL COMMERCIAL COURT

Abstract

China recently established the China International Commercial Court to address international commercial disputes that may arise out of the Belt and Road Initiative (BRI). The BRI is, in turn, perceived as an integral component of Chinese attempts to expand its influence over the international economic order. As such, the CICC can offer important insight into current Chinese intentions towards world order.

This thesis seeks to address the research question: Does the CICC signal a Chinese intention to augment, modify, or challenge the existing international world order? It proposed two hypotheses. First, the establishment of the CICC signals the Chinese intention to challenge the United States for leadership of the existing international order. Second, the establishment of the CICC signals that China is attempting to modify both the Westphalian system and the liberal world order by leading.

This thesis drew upon the work of Fei-Ling Wang and Shiping Tang in order to produce a comprehensive framework that describes China’s options both within and relative to the analysis. This framework then served as the foundation for this thesis’ three-step methodology. Each part of the three-part methodology was used to test both of the hypotheses. First, the thesis performed an institutional incentives analysis of the design of the CICC. Then, it applied a comparative analysis of the design of the CICC to the design of other international commercial courts. Finally, it compared the design of the CICC to that of major international commercial arbitration centers.

Through this three-part analysis, this thesis concluded that the establishment of the CICC does demonstrate Chinese intention to challenge the United States for leadership of the existing international order and to modify the order itself by leading. For those tracking the trajectory of Chinese foreign relations, these conclusions offer institutional evidence of China’s moderate intentions.