Wednesday, May 11, 2022

Roda Mushkat on China, Hong Kong, and International Law: Rethinking Path Dependence (MSU Int'l L Rev)

"China, Hong Kong, and International Law: Rethinking Path Dependence"
Volume 30, Issue 3, pp. 443-503
Published in 2022
Abstract: International governance regimes, such as that underpinned by the Sino-British Joint Declaration on the Question of Hong Kong, feature prominently in the literature on international law and international relations. The efforts of scholars operating at the intersection of these two academic disciplines, however, are heavily geared toward creating and sustaining the “right” entities possessing these structural attributes with scant attention accorded to their demise. The unraveling of the Hong Kong “one country-two systems” governance regime, embodying the vision of the Chinese and British institutional architects who devised it, in the wake of Beijing’s recent imposition of a heavy-handed national security law on a capitalist enclave embedded in a common law setting featuring political checks-and-balances, offers an opportunity to methodically examine the intricacies of path dissolution/ governance regime demise, as distinct from path dependence. The results suggest that the analytical building blocks for exploring the subject do exist, but that the theoretical foundation on which they rest needs to be expanded and that they should be productively synthesized within a coherent multivariable framework.

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