Negotiating Legality
Despite escalating geopolitical rivalry, the US and China continue to be economically intertwined. Numerous Chinese companies have made substantial investments in the US and are reluctant to exit this strategically important market. While the global expansion of Chinese companies has ignited intense policy and academic debates, their interactions with complex host-state legal systems have largely escaped systematic examination. To fill this knowledge gap, Negotiating Legality introduces a dual institutional framework and applies it to analyzing extensive interviews and multi-year survey data, thereby shedding light on how Chinese companies develop in-house legal capacities, engage with US legal professionals, and navigate litigation in US courts. As the first comprehensive investigation of these crucial topics, this book is indispensable for anyone interested in China's rise, its global impacts-especially on legal systems of developed nations like the US-and the intricate dynamics of US-China relations.
- Systematically studies Chinese companies' in-house counsel, interactions with US lawyers, dispute resolution, and litigation in US courts
- Crafts a theoretical framework for understanding Chinese multinational companies' adaptation to host-country institutional environments
- Contains extensive interviews, comprehensive multi-year survey data, and detailed case studies
Reviews & endorsements
'In his meticulous study, Li shows that Chinese companies are positioned between a rock and a hard place. On the one hand, Chinese companies are subject to PRC laws and regulations and the CCP's rules. On the other hand, these companies must adapt to the rigors of the U.S. legal system. Yet far from being 'stuck,' Li demonstrates how Chinese companies navigate these norms through 'institutional duality.' Marshalling a sizeable amount of mixed data, Li's study helps us understand the implications from the vantage of Chinese companies and also for the U.S. legal system, its regulators, lawyers, and users.' Matthew S. Erie, University of Oxford
'As U.S.-China tensions escalate, Ji Li's Negotiating Legality delivers a groundbreaking, interdisciplinary, and empirical examination of the complex challenges and opportunities Chinese companies face within the American legal system. This engaging study will appeal to legal scholars and general readers alike, shedding light on the intricate interplay between international business and legal relations in today's global landscape.' Sida Liu, The University of Hong Kong
'A wonderful study of how Chinese companies navigate the increasingly complex political and legal landscape they face in the United States. While the topic itself is already of enormous significance, the book actually manages to go well beyond it and provide deep, generalizable insights into the nature of transnational business, including the interplay between commerce and geopolitics.' Taisu Zhang, Yale Law School
'In this timely and insightful book, Li examines how Chinese investors strategically navigate America's complex and adversarial legal system. Zeroing in on law, litigation and lawyers offers a fresh perspective on how globalization works on the ground, as Chinese companies straddle two quite different settings and adapt to rising bilateral tensions.' Rachel Stern, Berkeley Law
Product details
June 2024Hardback
9781108845229
270 pages
229 × 152 × 16 mm
0.551kg
Available
Table of Contents
- Introduction
- 1. Chinese companies in the US Legal system
- 2. In-House legal managers of Chinese companies in the United States
- 3. Chinese companies and their US lawyers
- 4. US Litigation by Chinese companies
- 5. Chinese companies in federal courts
- 6. Chinese companies' legal strategy against US Government mistreatment
- Conclusion.