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  • BOOK REVIEWS 537

    depths of employee belief and faith? Morality often involves promise-keeping. Howmuch can a business realistically guarantee, in the way of a wholistic spirituality?

    In all fairness, it should be noted that Lambert does raise this last question, evenif in a utilitarian way. He ends the book with a short discussion of "UncertaintyAhead" and opines that corporate spirituality efforts likely will be cut back unlessthey can be shown to increase productivity and profit (Lambert 2009: 174-75). Thisqualifier well reflects the overall tone of his presentation. Where others might signalcaution. Lake Lambert sees a yeasty and promising intersection of spirituality andbusiness. Yet he approaches workplace spirituality with a sense of bemused distance,even irony, rather than the naive fervor of true belief. Such hedging enhances thevalue of his compact text as a useful guide for those who want to explore, withouthype, how religion and spirituality find expression in business. His tone suggeststhat a higher level of skepticism is in order, one that refrains from categorical judg-ment about the entire "bloomin', buzzing confusion" of the workplace spiritualitymovement. Rather, each expression of workplace spirituality should be taken upon its own merits and tested for the genuineness of whatever "elective affinities"may be at work.

    REFERENCES

    Miller, David W. 2007. God at Work: The History and Promise of the Faith at Work Move-ment. New York: Oxford University Press.

    Moll, Robert. 2010. "Outer Office, Inner Life," Wall Street Journal (January 20), A15.

    China 2020: How Western Business Canand ShouldInfluence Socialand Political Change in the Coming Decade, by Michael A. Santoro.Ithaca, N.Y,: Cornell University Press, 2009

    Ann Kent

    Ethics and business are often uncomfortable bedfellows, but that has not stoppedgenerations of scholars from trying to bring them together. Many types of philo-sophical argument have been devised to keep them from separating,' and in thisexceptional book Michael Santoro, of Rutgers University Business School, employsone. He argues a "fair share" theory of corporate responsibility, which is made upof two aspects (14-17). First, "the very idea of a human right would be meaning-less if it did not by definition imply that other actors, including corporations, had acorrelative moral duty to avoid violating that right directly or indirectly." Second,corporations may have a secondary duty to attempt to remedy human rights viola-tions in which they are not directly or indirectly complicit, that is, they should dotheir "fair share" in honouring and promoting human rights in China. However, inthe context of China and its newly restructuring economy, the most arresting and

  • 538 BUSINESS ETHICS QUARTERLY

    persuasive argument threading through this book is that to be ethical is also to beself-interested.

    We are in a new era of China-foreign business relations. The global financialcrisis (GFC) has not only severely w.eakened developed Westem economies, butit has prompted a shift in power from West to East and, in particular, to China.As Francois Godement recently observed: "Chinese foreign policy experts sawthe collapse of Lehman Brothers in September 2008 not as a one-off crisis but asa stmctural change in the global distribution of power."^ Not only has the GFCadded enormously to China's stature and influence in the intemational communitybut it has also changed the way in which China wants to do business. It provided apowerful waming to China that it would have to shift from its export-led economicdevelopment to one increasingly dependent on domestic consumption. The impactof this shift on foreign businesses in China has already shown itself in a number ofways, even if its full import has not yet been revealed. What is clear, however, isthat the future will be a very different ballgame.

    Thus, for instance, we have recently seen that, because China now needs to in-crease domestic demand, it is tolerating strikes within foreign investment enterprises(FIEs) in a bid to raise workers' salaries and swell the ranks of the middle class.^It is significant that this controlled liberalisation is occurring only in the contextof foreign companies in China, which are peculiarly vulnerable to pressure and toanti-foreign feeling among workers because of the memories, drummed into everyChinese citizen from infancy, of foreign exploitation of Chinese workers in thenineteenth and early twentieth centuries. It is also significant because, in this newbusiness environment encouraging domestic consumption, China may not welcomeforeign business presence, and competition, within its borders as it once did. Akeady,China's mies which exclude foreign companies from parts of the China marketand demand technology transfer to China as the price of doing business are seenby intemational business as discriminatory. Now, China's new slogan, "indigenousinnovation," actively promotes home-grown products."*

    In other words, China itself is now utilizing a selective application of humanrights, in the shape of labor rights, for its own utihtarian purposes. It is also prepared,as the recent trial and conviction of Rio Tinto's Chinese-bom Australian national.Stem Hu, has shown, to deprive ethnic Chinese foreign nationals of their libertyas a mechanism of pressure on foreign business. More recently, US geologist XueFeng, already detained for two and a half years, was sentenced in a Beijing court on5 July under the state secrets law to an eight-year prison sentence because he boughta database on China's oil industry on behalf of an energy consulting company basedin Colorado.^ Intemationally, we note China's own increasing participation in directinvestment abroad, whether in Africa or in debt-ridden Greece, thereby raising theissue of its ethical practices beyond its borders.** So, even if foreigners might prefernot to consider ethics as part of their business strategy, China's own treatment ofboth foreign businesses and foreign states may well oblige them to do so.'

    These recent developments were akeady presaged in Santoro's path-breakingbook. His declaration that "Westem business is on the wrong side of history" isjust one of the more startling observations and factual revelations which await his

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    readers. Written at a time of flux in China's commercial and political relations withthe intemational community, it is extraordinarily prescient and well-timed.

    Thus, in contrast to the normally complacent expectations of the China marketmyth, he characterises the current moment in history as one of dramatic humanchoice and supreme uncertainty:

    China is experiencing tremendous internal conflict and turmoil over the paceand direction of social and polifical change. The ulfimate outcome of thesestruggles will depend on how issues such as those discussed in this book willbe resolved. It is conceivable that instead of moving toward greater politicalfreedom, China will regress into a tighter authoritarian grip. Not even China'scontinued rise as a global economic power is inevitable. If ie social and politi-cal environments turn out badly, the economy will suffer too. Even if Chinadoes continue to grow in power and world stature, it is far from clear how itwill exercise that power and prestige. (130-31)

    Having thus challenged the assumption of linear progress, Santoro sets about analyz-ing critical areas of China's development as they affect business and human rights,namely, its working conditions, product safety, free flow of information and thedevelopment of a rehable mle of law and system of property rights. He then outlinesthe main characteristics of China's future economic restmcturing. He demonstratesthat the ethics of multinational corporations constitute a key factor in determiningwhether or not economic reform and prosperity will bring the legal and politicalreform necessary for continued economic growth. Finally, he offers solutions thatallow foreign businesses not only to work for their long term interests but, in theprocess, to benefit China and its people. His book is unusual in that it seeks both tocotnmunicate the arguments of foreign observers to China and to explain the attitudeof Chinese decision-makers to foreign businessmen.

    Santoro's thesis is compelling and logical. In the wash-up from the GFC, heconcludes, China and the West will need to work with each other to achieve a softlanding. In the short term, the US will continue to need China to buy its debt securi-ties, while it is in China's interest to continue to do so in order to prop up its mostimportant export market. However, as China looks to the next decade, the rules bywhich it achieved 10 percent growth for three decades no longer apply. It now hasto economically restructure by developing a robust intemal consumer market and bymoving up in global manufacturing class from T-shirts and sneakers to pharmaceuti-cals, automobiles and aerospace. Indeed, this scenario of moving from low-cost andlow-technology to high-cost and high-technology industry is already being playedout. For instance, within two to three years, thanks to Japanese transfer of fast-traintechnology to China, and R&D undertaken by more than 10,000 men and women,most of them engineers and academics, China has developed more fast-train railtrack than the whole of Europe and, at 380 kph, boasts the fastest train in the world.Although it is loath to sign up to intemationally agreed targets for carbon reduc-tion, it is also the world's largest producer of solar panels. The electronic industry,in particular the production of a large proportion of the world's laptops, is anotherpriority for the Chinese govemment.*

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    And herein lies the mb. As Santoro points out, to build these kinds of new in-dustries, China must successfully address its legal and human rights challenges. Ifit manages such a transition smoothly, it will develop into a vibrant, affluent andmodem state, distinguished by greater freedom, the mle of law and business respon-sibility and accountability. If it does not, it will regress further into "a dysfunctionalauthoritarianism that threatens the continued viability of its economic reforms" (132).

    Currently, he argues, China is balancing uncertainly on the edge of a precipicebetween these two extremes. The direction in which it falls will, in the final analy-sis, partly depend on the skill of the intemational business community to anticipatethese developments and to assist, within its areas of competence, the emergenceof a modem China with an effective mle of law. At the moment, however, Westembusiness is seeking to protect its investments and property interests by cultivatinggood relations (guanxi) in the time-honoured Chinese fashion with the Party-state,thereby settling for "muddling through" instead of playing a constmctive role. Inso doing, Santoro points out, Westem business is jeopardising its own long-terminterests. The core of the problem is that articulated in another context by FrancoisGodement: "the EU treats China as if it were still an emerging power."^ Likewise,intemational businessmen are ignoring the reality of what China has become.

    What China has become is quite different from its pre-1978 rigidly stmcturedsocialist command economy, where guanxi operated as a necessary facilitator inan otherwise highly bureaucratised and rigid system. China's present system iswhat might be loosely called "robber baron capitalism," modulated by some legalcontrols, but ones which are often not implemented, and where it is therefore oftennecessary for the foreigner to protect his own interests in the form of standards andrequirements. This is particularly important, if only in self-defence, because it isso easy for China to exploit innate and historically generated anti-foreign feeling.

    Here one must anticipate objections which may arise from scholars like Chris-topher Michaelson, who argues that "in a rebalancing global economy, when weencounter tension in moral standards across borders, we need to be more open thanever to the possibility of revision" of our ethical standards, in case the West's insis-tence on its standards tums out to be "merely cultural relativism under a threadbareand flimsy cloak" and simply "the product of pre-existing power relations.'"" Infact, while an understandable attempt to allow some cultural and ethical space, thisis to use an argument against cultural imperialism by the West to cloak support forpotential cultural imperialism by China. While the current market economic systemis a product of Westem culture, just as socialism, in all its intemational forms, wasoriginally a product of westem culture, it is a system which works globally onlybecause it has evolved gradually from a "robber baron" philosophy in the nineteenthcentury to the current mles-based system anchored in intemational organizations.While originally a cultural export of the West, it is now, as Michaelson partiallyacknowledges in another context, a complex economic-legal-ethical-cultural systemwhich is being constantly renegotiated to fit new intemational circumstances, in thiscase, the needs of developing countries and the requirements of a more globalisedworld. Thus, the current difficult Doha round. Santoro's book emphasises the mleof law not because it is a Westem product but because a common set of mies is

  • BOOK REVIEWS 541

    what has given the modem capitalist system a degree of predictability, efficiencyand fairness. Such characteristics, while admittedly neither total nor perfect, havebenefited developing states like China as well as developed ones. His book is em-phatically not a cultural relativist effort to prolong the dominance of Western culturebut an attempt to ensure that all states, including China, continue to benefit from theexisting system. It therefore seeks to avoid any return to the era of "robber baroncapitalism," which fiouted rules and was the acknowledged source of the exploitationof developing peoples and countries, and which, if care is not taken, could now beused by the latest global superpower as yet another form of exploitation, not onlyof its own citizens, but of other developing and developed states and their people.

    The strength of this book, in fact, lies in its gradual demonstration of the synergiesbetween a moral/etbical position on Chinese development and commercial self-interest, whether for foreign or Chinese businessmen. It argues for principles thatare at once moral and utilitarian. What distinguishes Santoro's proposed principlesfrom those practices of questionable "cultural sensitivity" currently adopted byWestern businesses is that, while the latter may be relevant to the short-term and toChina's pre-2003 business models, the former are essential for the future, whetherfor moral or utilitarian purposes.

    Why this is so is effectively, and in many cases, alarmingly, demonstrated infour chapters devoted to those areas where reform is most needed. In his forensicanalysis, Santoro reveals the appaUing abuses which the absence of adequate labourregulation, product safety, free flow of information and a reliable rule of law andsystem of property rights has already given rise to within China. Indeed, while theinternational community has been aware of these abuses for some time, it has turneda blind eye to such unacceptable practices as sweated labor by intoning its respectfor Chinese sovereignty, and, it also must be acknowledged, by convincing itselfthat China alone will suffer.

    The latter assumption is no longer justified. Santoro reveals the degree to whichthe international community is now bearing the practical burden of China's failureto regulate, and, most importantly, to implement those regulations which have beenincorporated into law. In what other international jurisdiction would foreign busi-nessmen need to heed warnings from a well-known US China law blog as to how toavoid becoming a "debt hostage"?" China is not only the largest recipient of FDI,it is now a major source of FDI for other states. China is no longer just the gratefulrecipient of foreign assistance, it is itself a source of foreign assistance. And Chinais now distributing the new products of its economic restructuring throughout theworld. Here we find the most powerful and compelling part of Santoro's book. Thus,for instance, aside from China's export of known sources of dangerous productslike children's toys, its more recent products, such as pharmaceutical ingredientsand export food products, currently threaten food and health standards everywhere.China is now exporting its low standards worldwide and neither the West nor thedeveloping states can do very much about it.

  • 542 BUSINESS ETHICS QUARTERLY

    WORKING CONDITIONS

    The chapter on working conditions in China pinpoints the source of many of China'sproblems, and the inadequacy of the elaborate and costly system of corporate so-cial responsibility (CSR), introduced by global brand-name companies to combatnegative publicity of their labor practices. As Santoro points out, even in the caseof multinational companies which are genuinely trying to improve the lot of theirChinese workers, "many factory owners in China have responded to the socialresponsibility industrial complex by creating a kind of parallel universe of socialresponsibility evasion and deception" (31).For this reason, he contends, Chineselabor non-govemmental organizations (NGOs) "would rather empower workersto protect themselves than rely on the fickle and unreliable noblesse oblige of theCSR movement" (34-35).

    Apart from a searing assessment of the sweatshop problem and poverty in China,Santoro reveals the lack of independence of China's unitary labor union, the AllChina Federation of Trade Unions (ACFTU), and the inadequacy of the new LaborContract Law. He also illuminates the role of brand name companies in outsourcingpolicies, and the reasons that existing labor laws are not enforced. Finally, he makespractical suggestions as to how foreign firms should best relate to the ACFTU, usingthe model of the mies of engagement of the Intemational Trade Union Confederation(ITUC). These emphasise engaging on substantive issues, such as training on safety,health and collective bargaining issues in China, while at the same time speakingout critically on China's policies on workers' rights. Along with AFL-CIO generalcounsel Jon Hiatt, Santoro concludes that all the efforts on behalf of China's workersby NGOs and other worker advocates can have no lasting impact unless they alsopressure the Chinese govemment to accept an independent trade union movement.

    PRODUCT SAFETY

    Of all the issues considered here, the question of product safety has its most directand immediate effects on the intemational community. Thus, for instance, in 2009China again headed the EU's list of dangerous products, accounting for most of thepotentially dangerous items, or 60 percent of the 1993 notified products in ques-tion.'^ Santoro reveals the impact of China's inadequate product safety standards ondomestic consumers and on the outside world. In particular, he focuses on numerouscases in which contaminated active pharmaceutical ingredients manufactured inChinese facilities that had not been inspected by either US or Chinese regulators havebeen exported to the US and Europe, with disastrous consequences. The reasons forthis "huge regulatory black hole" have been complex. He points out, for instance,that, at the third meeting of the US-China Strategic Economic Dialogue in Beijingon 12-13 December 2007, US Treasury Secretary Henry Paulson bartered awayproduct safety issues in exchange for Chinese promises to open up participation inbanking and securities investment.

    For the sake of both Chinese and foreign consumers, Santoro argues that foreignleaders and businessmen need to become involved in communicating a "tough love

  • BOOK REVIEWS 543

    message" to convince China that if it wishes to move up in manufacturing class tomore value-added products, it must place greater emphasis on safety and quality.If they fail to insist on adequate product safety standards, this could foster a senseof "Chinese exceptionalism" which will convince China's political and businessleaders that the rest of the world is so eager to invest in China that it is prepared tooverlook the values of safety and product integrity. In particular, he argues the needfor a US-China dmg safety pact.

    FREE FLOW OF INFORMATION

    Thanks to the recent much-publicised refusal of Google to continue to allow theChinese govemment to censor its China site, much intemational attention has beenfixed on China's attempts to control the intemet. Santoro reveals the methods andextent of China's intemet censorship, often facilitated by foreign companies suchas CISCO and practised by US multinational companies such as Yahoo, Microsoftand Google. Nevertheless, by reference to some high profile case studies such asthat of Sun Zhigang and Ma Jun, he concludes that the intemet has opened up somepublic space in China and that "as bad as censorship is on the Intemet, it is nowherenear as complete and foolproof as censorship in the traditional media" (80). He alsobelieves that, in the uncertain and ongoing stmggle between Chinese govemmentcensors trying to control the Intemet and ordinary Chinese citizens trying to expandcivic and public spaces, foreign intemet companies like Yahoo!, Microsoft, andGoogle have an important role in promoting Intemet freedom.

    THE DEVELOPMENT OF A RELIABLE RULE OF LAWAND SYSTEM OF PROPERTY RIGHTS

    Santoro prophesies that the coming decade will witness a stmggle in China betweenthe mle of law and the powerful political and economic forces of a clientelist statewhich have vested interests in slowing down the emergence of a mle of law. Thisprophesy is even to some extent supported by the Chinese govemment, whichacknowledges that

    China's legal construction is still facing some problems. The development ofdemocracy and the rule of law still falls short of the needs of economic andsocial development: the legal framework shows certain characteristics of thecurrent stage [the primary stage of socialism] and calls for further improvement;in some regions and departments, laws are not observed or strictly enforced,violators are not brought to justice; local protectionism, departmental protec-tionism and difficulties in law enforcement occur from time to time; somegovemment functionaries take bribes and bend the law, abuse their power whileexecuting the law and substitute their word for the law, thus bringing damageto the socialist rule of law; and the task still remains to strengthen educationin the rule of law and enhance the awareness of law and the concept of therule of law among the public."

    In this stmggle, foreign companies have so far had an uneven record. While theyhave been at the forefront of the fight for greater legal transparency, they have failed

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    to support the budding rule of law by challenging govemment actions through thejudicial system. In particular, they have failed to test China's obligation under threeprovisions, in the GATT, TRIPS and GATS respectively, to reform its legal systemas well as its commitment under the Accession Protocol to increased transparency,uniform application of the law and judicial review of administrative mlings. Sincein 2002 China's Supreme People's Court issued an edict that the WTO claims offoreigners would be based on the Administrative Litigation Law (ALL), the legalinstitutions created for ordinary Chinese citizens and foreign businessmen are nowthe same. In theory, foreign businesses could therefore support fledgling Chineseattempts to assert their rights by their own recourse to ALL to resolve businessdisputes. However, to date, although foreign companies use civil court systems toresolve disputes with other companies, they have not done so in disputes with theChinese govemment. For this reason, as Santoro points out, "if you bring up the sub-ject [of corruption] with any businessperson, foreign or domestic, from big companyto small, the reaction will uniformly be one of resignation over the overwhelmingpervasiveness of bribes and kickbacks both in private business transactions and indealings with the govemment"(116).

    To counter this problem, and to assist the development of the rule of law in China,Santoro argues that the foreign business community should use the ALL to chal-lenge the govemment, just as tens of thousands of ordinary Chinese citizens havedone. Second, they should insist on their WTO rights to faimess and impartiality inthe judicial review of their administrative hearings and cases, thereby reducing thearbitrariness of Chinese court decisions and promoting the consistency and predict-ability of judgements. Third, they can utilize the WTO Dispute Settlement Body topressure China to implement an independent judicial review system.

    As he states:[A] number of NGOs such as the Ford Foundation, the American Bar Asso-ciation, and academics both within and outside China have devoted extensiveresources to tilling the soil for legal transformation in China. Every other actorwith potential moral responsibility for promoting human rights in China hasdone their fair share. Only the business community and its lawyers have failedto do their part. (124-25)

    GENERAL SOLUTIONS

    Santoro, however, is not just a critic: he is also a constmctive realist. His mainpurpose in writing this book is to offer solutions not just to the problems listedabove, but also to the more general dilemmas involved in relating to China. Theseare not idealistic or naive solutions but supremely practical, and eminently work-able, ones. In general, rather than urging Westem businessmen to become broadcritics of China's political system, he argues that they should play a constmctiverole only within the areas in which they themselves are directly involved. He callsfor collective action in which Westem businesses pool their resources and addressissues of common concem, as well as enlisting the assistance of nongovemmentalorganizations, particularly through the Global Network Initiative, and working with

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    their own govemments. In particular he advocates tough love, which he defines as"to communicate forcefully but in a culturally sensitive manner and with a positivespirit that shows respect and admiration for China's many accomplishments andqualities" (140). His advice to foreign businessmen within China would appear tocorrelate well with the recent scholarly advice to European states on the properconduct of European-China relations: "Unconditional engagement [with China]should make way for 'reciprocal engagement.'"'"

    CONCLUSION

    This is a book for the inteUigent public, for businessmen, govemment officials andscholars. In its easy, fluent yet forensically argued prose, it has an appealingly eco-nomical and graphic style. It is also the product of considerable foresight, wisdom andChina expertise. It represents both a practical and theoretical contribution to the fieldof business and ethics. If a criticism could be made, it is that, apart from the WTO, thebook does not consider the important role played by intemational organisations (IOs)in the China business and human rights story, as opposed to that played by intemationalnongovemmental organizations (INGOs). In its failure, for instance, to consider theimpact of the Intemational Labor Organization, it excludes one influential outsidesource of pressure on China. Rather than detracting from Santoro's arguments, refer-ence to the ILO would only have bolstered them, because his individual views on theimportance of establishing free trade unions in China coincide with those of the ILO.

    Such omissions aside, Santoro has sounded an important waming to the non-Chinese world about a rising China that it would be foolish to ignore. Unlike otherpublications addressing the strategic shifts now occurring between West and East, itis a balanced, sensible and practical message, rather than a chauvinistic or hystericalone. In aiming its main advice at foreign businessmen, it is focussing on one of theweakest links in the chain of intemational responses, but foreign businessmen areonly one part of Santoro's audience. He has convincingly shown the intemationalcommunity as a whole that to act ethically in relation to China is also to ultimatelyserve its own interests. He has also argued that such a course of action will be criti-cal to China's own future economic success. We can only hope that it is not toolate to follow his counsel. As China's current leaders balance between the opposingemotions of triumphalism and modesty, between the impulses of hyper-nationalismand the desire to be seen as a good intemational citizen, and between their desire toproject China's new economic power strategically and their better instinct to cladthe iron fist in the glove of soft power, we are all hostage to the possible impactthat domestic social unrest, financial instability or climate catastrophe could have intipping that balance. We are also aware that, by dint of its extraordinary economicperformance, China is now less accessible to outside opinion and pressure than itwas ten years ago. The most effective response of intemational business peopleand foreign states, in this situation, as Santoro suggests, is to reject the discreditedapproach of "muddling through" and to begin expressing, in word and deed, theirown beliefs and ethics in whatever the field of joint endeavour they are involvedwith China, both in their own long-term interests and, ultimately, in China's.

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    Notes

    1. See, for instance, David Kinley, Civilising Globalisation: Human Rights and the GlobalEconomy (Cambridge: Cambridge University Press, 2009); and Business Ethics Quarterly articles.

    2. Franois Godement, "A Global China Policy," European Council on Foreign Relations PolicyBrief, 2010, at ecfr.eu, 1.

    3. A recent New York Times blog sought the opinions of six experts on why Chinese workersare risking their safety by resorting to demonstrations, when freedom of association is not a rightguaranteed under the Chinese constitution or any enabling legislation. None of these scholars gavethis reason for the recent strikes. See "What do China's Workers Want," Room for Debate, Blog, NewYork Times, 13 June 2010, at http://roomfordebate.blogs.nytimes/2010/06/13.

    However, precisely because the Chinese government does not support the right of freedom ofassociation, and has refused to ratify the relevant ILO Conventions 87 and 98 which guarantee thisright, it is clear that such high-profile demonstrations, filled with model workers in sparkling whiteuniforms, holding immaculate posters, must be receiving at least tacit government support. See AnnKent, Beyond Compliance: China, International Organizations and Global Security (Stanford, Calif.:Stanford University Press, 2007 and 2010), 216-17. The other circumstantial evidence is that the dem-onstrations are all being held in foreign investment companies, and not in private Chinese companies,let alone Chinese state-owned enterprises (SOEs).

    4. See Isabel Hilton, "Is Google Just the Start"? The Guardian, 13 July 2010, at http://www.guardian.co.uk.

    5. Michael Wines, "Geologist's Sentence is Questioned," New York Times, 5 July 2010.6. Anthony Faiola, "China Buys up 'Bargain-Basement' Greece and Extends its Global Reach,"

    The Guardian Weekly, 18 June 2010, p. 9. When the Chinese shipping giant Cosco assumed fullcontrol of the major container dock in Piraeus, its chief executive stated: "We have a saying in China,'Construct the eagle's nest, and the eagle himself will come.' We have constructed such a' nest inyour country to attract such Chinese eagles." China has even come into conflict with the IMF over itsactivities abroad. Hence, the conflict over a controversial $9 billion Chinese development plan in theDemocratic Republic of Congo, which in the view of the IMF, would add to its $11 billion sovereigndebt load and present obstacles to ongoing discussions to settle this debt. See Nina Hachigan et al,China's New Engagement in the International System: In the Ring but Punching below its Weight,Center for American Progress, November 2009, at http://www.AmericanProgress.org.

    7. US government statements on behalf of Google when it was objecting to Chinese governmentcensorship are one reflection of the realisation by states that what foreign businesses are allowed, orrequired, to do inside China may well in time affect the interests of the home state. See Mark Landler,"Clinton Urges Global Response to Internet Attacks," New York Times, 21 January 2010.

    8. BBC, "The Monday DocumentaryChina: Shaking the Worid," series reported by MichaelRobinson, BBC World Service, 12-18 July 2010.

    9. John Fox and Francois Godement, "A Power Audit of EU-China Relations." European Councilon Foreign Relations Policy Report, April 2009, at http://www.ecfr.eu, p.l9.

    10. Christopher Michaelson, "Revisiting the Global Business Ethics Question," Business EthicsQuarterly 20(2) (April 2010): 237-51.

    11. "Debt Hostages: How Not to Become One," 2 May 2010, reproducing post by Dan, "How Notto Get Kidnapped in China," 1 May, China Law Blog (Harris and Moure), in Chinese Law Prof Blogat http://lawprofessors.typepad.com/china_law_prof_blog/2010/05/debt-hostages-how-no.

    12. EUbusiness, "China Again Heads EU's Dangerous Products List," 2010 EUbusiness Ltd, athttp://www.eubusiness.com/news-eu/china-consumer.454.

    13. The State Council Information Office, China, China's Efforts and Achievements in Promotingthe Rule of Law, 2008 White Paper reprinted in Chinese Journal of International Law 7(2) (2008):544.

    14. Fox and Godement, "A Power Audit," 12.

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