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Foreign Relations Law of the People's Republic of China

Published online by Cambridge University Press:  11 September 2024

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Zheng Tang*
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Zheng Tang is a Professor of Wuhan University School of Law and Associate Dean of the Wuhan University Academy of International Law and Global Governance, People's Republic of China. Email: [email protected].
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Extract

On June 28, 2023, China took a significant step forward in its legislative domain with the enactment of the Foreign Relations Law (FRL). This pivotal legislation entered into effect on July 1, 2023, and serves as a comprehensive framework designed to guide and govern China's international interactions across various sectors. The FRL marks a crucial development in the way China manages its external affairs, aiming to assert itself robustly on the global stage. It endeavors to streamline and clarify the guiding principles of China's foreign engagements, ensuring these are in alignment with its national interests and resonate with its global obligations.

Type
International Legal Documents
Information
International Legal Materials , Volume 63 , Issue 4 , August 2024 , pp. 627 - 636
Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of American Society of International Law

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References

ENDNOTES

1 Foreign Relations Law in the People's Republic of China, adopted in the third meeting of the 14th National People's Congress Standing Committee (June 28, 2023) [hereinafter FRL].

2 Helmut Philipp Aust & Thomas Kleinlein, Encounters Between Foreign Relations Law and International Law 317–321 (2021). See also, Xinhua, Explainer: China's Foreign Relations Law to Take Effect, Its Significance Explained, China Daily (June 20, 2023), http://www.chinadaily.com.cn/a/202306/30/WS649e7228a310bf8a75d6c8f5.html.

3 Congyan Cai, Chinese Foreign Relations Law, 111 AJIL Unbound 336, 336–336 (2017).

4 Jianfu Chen, Tension and Rivalry: The “Belt and Road” Initiative, Global Governance, and International Law, 8 Chinese J. Comp. L. 177, 177–189 (2020); Jessica Chen Weiss, The China Trap: U.S. Foreign Policy and the Perilous Logic of Zero-Sum Competition, Foreign Affairs (Aug. 18, 2022), https://www.foreignaffairs.com/china/china-trap-us-foreign-policy-zero-sum-competition.

5 Xi Jinping, Hold High the Great Banner of Socialism with Chinese Characteristics and Strive in Unity to Build a Modern Socialist Country in All Respects: Report to the 20 th National Congress of the Communist Party of China, (Oct. 16, 2022), The full text of the report is at the Ministry of Foreign Affairs of the PRC website, https://www.fmprc.gov.cn/eng/zxxx_662805/202210/t20221025_10791908.html.

6 The foundational ideologies, including Marxism-Leninism, Mao Zedong Thought, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, are reiterated in Article 3.

7 Article 4 emphasizes China's pursuit of an independent foreign policy of peace and adherence to the principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference, equality, mutual benefit, and peaceful coexistence.

8 Articles 9–12 clarify the functions of the NPC in ratifying treaties, the role of the State Council in managing foreign affairs and negotiations, and the activities of diplomatic missions, among other entities.

9 FRL, art. 5.

10 Article 11 emphasizes maintaining national sovereignty, security, promoting economic development, and engaging in global governance structures. Notable initiatives such as the Belt and Road Initiative are highlighted as key components of China's strategy to foster international cooperation in art. 26.

11 Xinhua, supra note 2.

12 Orange Wang, “Sanctions Deterrent”: China Frames New Foreign Relations Law as Essential to National Sovereignty, South China Morning Post (June 29, 2023), https://www.scmp.com/news/china/diplomacy/article/3225935/sanctions-deterrent-china-frames-new-foreign-relations-law-essential-national-sovereignty.

13 Deming Zhao, Contemporary Export Control Law of China 232–233 (2023).

14 This is seen across multiple provisions, such as Article 18 (“The People's Republic of China upholds and practices multilateralism and participates in the reform and development of the global governance system …”), Article 19 (“The People's Republic of China upholds the international system with the United Nations at its core, the international order underpinned by international law, and the fundamental norms governing international relations based on the purposes and principles of the Charter of the United Nations”), Article 26 (“It is committed to upholding the multilateral trading system, opposes unilateralism and protectionism …”), Article 32 (“The State shall strengthen the implementation and application of its laws and regulations in foreign-related fields in conformity with the fundamental principles of international law …”), and Article 39 (“The People's Republic of China strengthens multilateral and bilateral dialogue on the rule of law …”).

15 Xiao Ren, The G20: Emerging Chinese Leadership in Global Governance?, 8 Global Pol'y 433, 433–442 (2017); Wei Quan, Philippe Mongeon, et.al., On the Development of China's Leadership in International Collaborations, 120 Scientometrics 707, 707–721 (2019).

16 For example, Article 18 states: “The People's Republic of China works to promote coordination and sound interaction with other major countries and grow relations with its neighboring countries in accordance with the principle of amity, sincerity, mutual benefit and inclusiveness and the policy of enhancing friendship and partnership with its neighbors. Guided by the principle of sincerity, delivering outcomes, affinity and good faith and the vision of promoting common good and shared interests, it works to strengthen solidarity and cooperation with other developing countries …”

17 Xinhua, supra note 2.

18 Aust & Kleinlein, supra note 2.

19 Xinhua, supra note 2.

20 See, e.g., Wang, supra note 12; Evelyn Cheng, China Has a New Foreign Relations Law. Here's What It Means for Business, CNBC (July 10, 2023), https://www.cnbc.com/2023/07/11/chinas-new-foreign-relations-law-heres-what-it-means-for-business.html.

21 Moritz Rudolf, China's Foreign Relations Law: Balancing “Struggle” with Beijing's “Responsible Great Power” Narrative, NPC Observer (July 3, 2023), https://npcobserver.com/2023/07/china-foreign-relations-law-struggle-responsible-great-power-narrative.