Chinese Foreign Relations Law

Congyan Cai

doi:10.1017/aju.2017.91

Abstract

Curtis Bradley has observed that, apart from in the United States, foreign relations law generally has not been treated as a separate academic field, but that this situation is starting to change. This observation can also find evidence in China. In March 2016, I hosted a conference on “Chinese Foreign Relations Law: A New Agenda” at Xiamen University School of Law, where I am a faculty member. This is the first conference engaging with this field in China. Also in 2016, a Chinese professor of private international law published the first article discussing Chinese foreign relations law in a general way, the main argument of which is that foreign relations law should be a component of the “rule of law” in China.

Highlights

Curtis Bradley has observed that, apart from in the United States, foreign relations law generally has not been treated as a separate academic field, but that this situation is starting to change.[1]
This short essay tries to concisely answer the following questions: Why was Chinese foreign relations law not taken seriously before and why has it begun to be taken seriously today? What is the current status of Chinese foreign relations law? And what are the trends of Chinese foreign relations law? My basic argument is that Chinese foreign relations law has its own dynamic, structure, goals, and effects, which differ from that in many other countries including the United States, and that it should be evaluated in the specific context of the rise of China and China’s socialist identity
In 2014, the Chinese Communist Party (CCP), the sole ruling party in China, adopted a grand legal reform strategy with the aim to develop the country into a real “socialist rule-of-law state.”[7]. China, under this strategy, would “actively participate in international rule-making ... increase China’s power of discourse and influence in international legal affairs” and “protect the legal rights and interests of Chinese nationals and corporations abroad in accordance with the law.”[8]. Chinese foreign relations law is beginning to grow in academic and practical importance

Summary

Congyan Cai*

Curtis Bradley has observed that, apart from in the United States, foreign relations law generally has not been treated as a separate academic field, but that this situation is starting to change.[1]. In 2016, a Chinese professor of private international law published the first article discussing Chinese foreign relations law in a general way, the main argument of which is that foreign relations law should be a component of the “rule of law” in China.[3]. This short essay tries to concisely answer the following questions: Why was Chinese foreign relations law not taken seriously before and why has it begun to be taken seriously today? This short essay tries to concisely answer the following questions: Why was Chinese foreign relations law not taken seriously before and why has it begun to be taken seriously today? What is the current status of Chinese foreign relations law? And what are the trends of Chinese foreign relations law? My basic argument is that Chinese foreign relations law has its own dynamic, structure, goals, and effects, which differ from that in many other countries including the United States, and that it should be evaluated in the specific context of the rise of China and China’s socialist identity

Why Chinese Foreign Relations Law Matters Now

The Current Structure of Chinese Foreign Relations Law

AJIL UNBOUND

Recent Developments

Conclusion