Consider the alternative option, we weaken equality before the law when dealing with non-Western entities who are bound by legal systems we consider on strategic grounds to produce inferior justice. Not only would this by definition be a weakening of our standards of justice, it creates an enormous moral hazard. Common law systems like the UK and US rely strongly on precedent, imagine the kind of unjust precedents which might be set if we do not apply equality before the law strictly. On top of that, having weakened standards of justice to frustrate foreign opponents, what is going to stop the political apparatus from weakening standards of justice again to frustrate domestic groups it doesn't like?
Even if it leads to disadvantage on the global stage, in my opinion the risks associated with weakening equality before the law far outweigh the benefits. A legal system with strong integrity is an asset, and it shouldn't be spent cheaply on short-term geopolitical gain.
[–] 10111001 2 days ago
[–] BoxOfRain 2 days ago
Personally I think building trustworthy systems for international arbitration is the method most likely to succeed, if the aim is to come to a common standard of justice for commercial matters then courts on either side of the equation will always be considered suspect by the other side. Both credible international institutions and neutral third countries are a good way of doing this. Appeals to the virtues of different systems aren't going to work here, instead we have to create material incentives that favour a high standard of justice. A reduction in these kind of legal difficulties would improve trust and efficiency.
Obviously this approach has its limits but that's when things like diplomatic pressure, economic protectionism, and in the worst cases economic sanctions come into play. This is all the realm of the executive and legislature though, not the judiciary. The principle is not mere idealism, if we let day-to-day international relations contaminate the judicial process we are committing exactly the same sin that we're accusing China of. By keeping the instrumental aspects of foreign policy isolated in the executive and legislature, this problem is avoided in the interests of justice. It also helps avoid the perception of hypocrisy which is always a diplomatic advantage.
Maybe the alternative is equality-before-the-law, but the judgement amount won by the Chinese company gets put in escrow until there's legal reciprocity, to create pressure for it.