First, clearly state in legal form the system of extraterritorial application of Chinese law! What does the Foreign Relations Law mean? Relations | External | External Relations Law
On the 28th, the Foreign Relations Law of the People's Republic of China was passed by the Third Session of the Standing Committee of the 14th National People's Congress and will come into effect on July 1, 2023. On the 28th, interviewed legal scholars told Global Times reporters that this is the first fundamental, programmatic, and comprehensive foreign relations law of the People's Republic of China. It is an important achievement in improving the foreign-related legal system and enhancing the level of rule of law in foreign work, and can be regarded as a milestone in China's foreign relations legislation.
A milestone work
The Foreign Relations Law is divided into six chapters in structure: General Provisions, Powers in Foreign Relations, Goals and Tasks for Developing Foreign Relations, Systems for Developing Foreign Relations, Guarantees for Developing Foreign Relations, and Supplementary Provisions, totaling 45 articles. Comprehensively elaborated on the guiding ideology, principles, tasks and objectives of China's development of foreign relations, and made specific provisions on the allocation of powers, systems, rules and other aspects of China's development of foreign relations.
Huang Huikang, a member of the United Nations International Law Commission and a distinguished professor at the Wuhan University Institute of International Rule of Law, a national high-end think tank, stated in an interview with Global Times on the 28th that the promulgation of the Foreign Relations Law is an innovative development of the theory and practice of the rule of law in China's foreign relations, with a profound historical background and distinct Chinese characteristics. In terms of its legislative purpose, legislative speed, legislative quality, and internal and external impact, it can be regarded as a milestone in China's foreign relations legislation.
"The formulation and promulgation of the Foreign Relations Law is an inevitable requirement for China to respond to changes in the world, the times, and history, and to use legal means to maintain international order and promote global development. Huo Zhengxin, a professor of international law and doctoral supervisor at China University of Political Science and Law, told a reporter from the Global Times on the 28th that some hegemonic Western countries adhere to unilateralism and zero sum game thinking, often use their domestic laws as a basis to implement unilateral sanctions and" long arm jurisdiction "towards the outside world, use so-called" legal means "to exert extreme pressure," build walls and barriers ", and" decouple and break links ", seriously endangering the sovereignty and interests of other countries, and seriously threatening the international order and global development.". China's formulation and promulgation of the Foreign Relations Law clearly expresses its firm determination to maintain the international system with the United Nations at its core and the international order based on international law.
Huo Zhengxin stated that the promulgation and implementation of this law is not only a significant achievement in China's foreign-related rule of law construction, but also an important achievement for China, as a responsible major country, to promote the democratization and rule of law in international relations through its own exploration and practice. China has contributed its strength to maintaining international order and promoting global development.
Oppose the abuse of "long arm jurisdiction" and for the first time state in legal form the extraterritorial application system of Chinese law
"For the first time, the Foreign Relations Law specifies in legal form the purpose, conditions, and policy orientation of China's extraterritorial application of law, and makes principle provisions for countermeasures and restrictive measures taken by foreign countries, individuals, or organizations, establishing corresponding working systems and mechanisms, thereby constructing the basic legal framework for China's extraterritorial application." Huang Huikang analyzed to a reporter from Global Times that the system of extraterritorial application of domestic law is an important component of the foreign-related rule of law system and a major issue that needs to be solved by foreign relations law. The extraterritorial application of domestic law is a concrete manifestation of the recognized protective jurisdiction and universal jurisdiction under international law, and is a supplement to personal jurisdiction and territorial jurisdiction. As long as it complies with international law, it is legal.
The Foreign Relations Law stipulates that, on the basis of complying with the basic principles of international law and the basic norms of international relations, the state shall strengthen the implementation and application of laws and regulations in the field of foreign affairs, and take law enforcement, judicial and other measures in accordance with the law to safeguard national sovereignty, security, development interests, and protect the legitimate rights and interests of Chinese citizens and organizations. For acts that violate international law and basic norms of international relations, endanger China's sovereignty, security, and development interests, China has the right to take necessary countermeasures and restrictive measures in accordance with the law. The State Council and its departments shall formulate necessary administrative regulations and departmental rules, establish corresponding work systems and mechanisms, strengthen departmental coordination, and establish and implement relevant countermeasures and restrictive measures.
"What we oppose is the abuse of 'long arm jurisdiction'. From the reality of China's national interests expanding and extending overseas and better safeguarding national sovereignty, security, and development interests, the issue of China's extraterritorial application is becoming increasingly important and should be actively promoted with a clear and resolute attitude." Huang Huikang said.
Make good use of legal weapons and improve the legal "toolbox"
"One body with two wings" and "four beams and eight pillars" are prominent features of the Foreign Relations Law. Huang Huikang told Global Times reporters that the Foreign Relations Law not only carries out top-level design from a macro level, forming a basic pattern of "one body and two wings" of the socialist foreign relations legal system with Chinese characteristics, but also constructs "four beams and eight pillars" of legal support from a micro level.
The senior international law professor further explained that the system of socialist foreign relations legal system with Chinese characteristics is integrated into one, and the basic norms and powers of foreign relations are configured as two wings, forming a basic pattern of "one body and two wings". The objectives and tasks of Chapter 3 of this law constitute the "four pillars" of the basic support of the legal system for foreign relations, while Chapter 4 of the legal system for foreign relations clarifies the eight "institutional pillars".
Huo Zhengxin believes that the law has established a special chapter that provides a systematic and comprehensive regulation of China's system and rules for developing foreign relations, especially for the implementation and application of international treaties, the implementation of Security Council resolutions, the adoption of countermeasures in accordance with the law, the protection of overseas interests, foreign aid, and major foreign-related legal issues such as law enforcement and judicial cooperation, which have been addressed through legislative responses and institutional arrangements. Huo Zhengxin said that this move fills many gaps in China's foreign-related rule of law field, marking a new stage of rule of law and institutionalization in China's development of foreign relations.
In October 2022, the 37th meeting of the Standing Committee of the 13th National People's Congress conducted the initial review of the draft Foreign Relations Law. The draft is led by the relevant central authorities in conjunction with relevant departments, and submitted by the Chairman's Meeting to the Standing Committee of the National People's Congress for deliberation. From December 30, 2022 to January 28, 2023, the draft will be fully published on the website of the National People's Congress of China to solicit public opinions.
On May 26, 2023, the Constitution and Law Committee of the National People's Congress held a meeting to review the draft article by article based on the opinions of the members of the Standing Committee and relevant parties, and made modifications and improvements to the draft. On June 16th, the 5th Chairman's Meeting of the 14th National People's Congress Standing Committee proposed to submit the draft of the Foreign Relations Law to the 3rd Meeting of the 14th National People's Congress Standing Committee for review. On June 25th, Zang Tiewei, spokesperson for the Legal Work Committee of the Standing Committee of the National People's Congress, introduced at a press conference that the third meeting of the 14th National People's Congress Standing Committee will conduct a second review of the draft Foreign Relations Law.
In the interview, Huang Huikang emphasized to Global Times reporters that the promulgation of the Foreign Relations Law is an urgent need to safeguard national sovereignty, security, development interests, and respond to unprecedented external risks and challenges. With the intensification of geopolitical games among major powers, the threat of unilateral bullying and abuse of "long arm jurisdiction" continues to increase. We must make good use of the rule of law weapons, continuously enrich and improve the legal "toolbox" for external struggles, and fully leverage the positive role of international law as a "stabilizer" of the international order and a solidification of institutional rights.
