Foreign Relations Law Escorts the System of Openness and Cooperation | Law | Foreign Relations
On June 28, several workers worked together at the construction site of Yunding Tunnel of Malaysia East Railway Project in Pahang, Malaysia, the landmark project of the "the Belt and Road" jointly built by China and Malaysia. Photo by Xinhua News Agency reporter Cheng Yiheng
The picture shows the Konza Substation in Machakos County, Kenya, a key project of the "the Belt and Road" jointly built by China and Kenya. Photo by Xinhua News Agency reporter Han Xu
Since its implementation on July 1st, the Foreign Relations Law of the People's Republic of China has attracted widespread attention both domestically and internationally. What does the introduction of this law, which is considered an important milestone in foreign relations legislation, mean? What aspects of impact will it bring?
Several experts in the field of international law stated in an interview with Economic Daily that the Foreign Relations Law is a fundamental and comprehensive law in China's foreign-related field, enriching and improving the legal toolbox for foreign struggle. It is not only conducive to protecting national development interests, but also promotes foreign economic cooperation such as foreign investment, safeguarding the high-level opening up to the outside world.
Urgent need to address external risks
"The emergence of the Foreign Relations Law is an urgent need to address external risks and challenges, as well as a 'clear and concise' measure to improve the level of rule of law in foreign-related work. Huang Huikang, a member of the United Nations International Law Commission and a special professor at the Wuhan University Institute of International Rule of Law, a national high-end think tank, stated in an interview with Economic Daily that it is common practice for countries to legislate on a single or special aspect of a country's foreign relations. Countries such as the United States and Japan have long established a comprehensive foreign-related legal system.". Especially in recent years, the development of specialized laws for anti interference, anti sanctions, and anti long arm jurisdiction has become a priority for many countries. Countries such as Russia, Iran, Cuba, and Venezuela, which have suffered from unilateralist bullying, have launched legal struggles against sanctions through legislation. European powers such as France and Germany have also resisted "secondary sanctions" and "long arm jurisdiction" through domestic legislation.
The Foreign Relations Law is a standard configuration for major powers. Du Tao, Dean of the School of International Law of East China University of Political Science and Law, said that this is a necessary tool for China to participate in the reform of the international governance system, and also a need for China to promote the construction of the "the Belt and Road", which will provide institutional guarantee for the construction of a community with a shared future for mankind. With the successful promotion of China's "the Belt and Road" initiative and the promotion of the concept of building a community with a shared future for mankind, China needs to continue to strengthen the construction of the legal system of foreign relations like the EU, so as to break the legal hegemonism of the United States and Western countries.
"China's foreign relations legislation not only draws on the legislative experience of countries around the world, but also has distinct Chinese characteristics. One of them is to adhere to the principle of having a broad mind, deeply insight into the trend of human development and progress, actively respond to the common concerns of people from all countries, contribute to solving common problems faced by humanity, and provide legal guidance and support for building a new type of international relations and a community with a shared future for mankind." Huang Huikang said.
Improve the Legal Toolbox for External Struggle
Using legal thinking to prevent risks and safeguard national interests. Huo Zhengxin, an international law professor at China University of Political Science and Law, told Economic Daily reporters that due to the new changes in the external environment that China has faced in recent years, and the risks and challenges of "building walls and barriers" and "decoupling and breaking chains" from abroad, the institutional shortcomings of the rule of law in foreign affairs have gradually emerged. It is necessary to continuously enrich the legal toolbox and use legal means to safeguard national sovereignty, security, and development interests.
The Foreign Relations Law, for the first time in legal form, specifies the system of extraterritorial application of Chinese law. Through legislation, it clarifies the purpose, conditions, policy orientation, and specific measures of extraterritorial application of Chinese law, and makes principle provisions for countermeasures and restrictive measures of foreign countries, individuals, or organizations. It establishes corresponding working systems and mechanisms, thus constructing the basic legal framework of extraterritorial application of Chinese law.
"Such legal provisions are completely legitimate and legitimate. The Foreign Relations Law stipulates that strengthening the implementation and application of laws and regulations in the field of foreign affairs is fundamentally different from individual countries' practice of 'long arm jurisdiction' based on domestic law." Huang Huikang said that the higher a country's international status, the more frequent its citizens' international activities, and the more necessary the extraterritorial application of domestic law. For illegal sanctions imposed by foreign countries, the affected country has the right to take reciprocal countermeasures in accordance with international law and domestic law. For example, the EU's "blocking" legislation against the United States is a legitimate countermeasure against the abuse of "long arm jurisdiction" by the United States.
In the interview, Huo Zhengxin emphasized to reporters that the Foreign Relations Law has systematically and comprehensively stipulated China's system for developing foreign relations, especially in terms of legislative responses and institutional arrangements for major foreign-related legal issues such as the implementation and application of international treaties, the implementation of UN Security Council sanctions, and the adoption of countermeasures and restrictive measures in accordance with the law, filling many gaps in China's foreign-related legal field and marking a new stage of rule of law and institutionalization in China's development of foreign relations.
"As far as China is concerned, from the reality of expanding and extending its national interests overseas, better safeguarding national sovereignty, security, and development interests, and further enriching the legal toolbox of diplomatic struggles with the United States, the issue of extraterritorial application of Chinese law is becoming increasingly important and should be actively promoted with a clear and resolute attitude." Huang Huikang said.
Promote the democratization and legalization of international relations
The Foreign Relations Law will adhere to opening up to the outside world as an important principle. In Article 4 of the General Provisions, it is stipulated that "we must adhere to the basic national policy of opening up to the outside world and pursue a strategy of mutual benefit and win-win opening up"; In the objectives and tasks of developing foreign relations, it is clear that "we should adhere to promoting high-level opening up, develop foreign trade, actively promote and protect foreign investment according to law, encourage foreign economic cooperation such as foreign investment, promote high-quality development of the the Belt and Road, safeguard the multilateral trading system, oppose unilateralism and protectionism, and promote the construction of an open world economy".
Du Tao pointed out that the Foreign Relations Law embodies important connotations such as win-win cooperation, enhancing unity and cooperation, jointly practicing multilateralism, and building an open world economy. Unlike some Western countries that are based on hegemonism and pursue economic interests unilaterally, it is conducive to solving the increasingly serious global inequality and imbalance, and will promote the construction of a more just and reasonable international order.
Huang Huikang further emphasized to reporters in an interview that the formulation of the Foreign Relations Law reflects China's international perspective in the face of unilateralism and anti globalization trends, as well as its firm value orientation in promoting global governance towards a more just and reasonable direction in foreign work. China is committed to jointly creating an international environment conducive to development with countries around the world, cultivating new drivers of global development, promoting high-level opening-up on the basis of the rule of law, creating new advantages for development, and opening up new prospects for development.
"Promoting opening up to the outside world and maintaining the multilateral trading system through the construction of the rule of law is conducive to promoting foreign economic cooperation such as foreign investment." Huo Zhengxin believes that China's strengthening of legislation in the field of foreign affairs is based on complying with the foundation and principles of international law, using the rule of law to develop foreign relations and safeguard rights and interests. This is not only a significant achievement in China's foreign-related rule of law construction, but also an important achievement in China's exploration and practice as a responsible major country to promote the democratization and rule of law in international relations, contributing China's strength to maintaining international order and promoting global development.
