Foreign Relations Law of the People's Republic of China

The Law on Foreign Relations of the People's Republic of China
中华人民共和国对外关系法
Standing Committee of the National People's Congress of the People's Republic of China
Passed byStanding Committee of the National People's Congress of the People's Republic of China
Passed28 June 2023 (2023-06-28)
Signed byPresident Xi Jinping
Signed28 June 2023 (2023-06-28)
Commenced1 July 2023 (2023-07-01)
Legislative history
Introduced byCouncil of Chairpersons
First reading26–30 October 2022
Second reading26–28 June 2023
Status: In force

The Foreign Relations Law of the People's Republic of China is a legislation concerning foreign affairs of China. It was passed by the Standing Committee of the National People's Congress on 28 June 2023 and came into effect on 1 July 2023. The law outlines the country's foreign policy goals and objectives, codifies the institutional framework of foreign policy decision-making. Notably, the law explicitly grants the Chinese Communist Party (CCP) authority over the foreign policy.

Legislative history

The Foreign Relations Law was passed by the Standing Committee of the National People's Congress (NPCSC) on 28 June 2023, and was signed by Xi Jinping in his capacity as president in the same day.[1][2] It came into effect on 1 July 2023.[1]

Provisions

The law concerns China's diplomatic relations with other countries, its exchanges and cooperation with those countries in economic, cultural and other areas, and the country's relations with the United Nations and other international organizations. It lays out China's official foreign policy goals to be:

  • Safeguarding China's sovereignty, national security and development interests
  • Protecting and promoting the interests of the Chinese people
  • Building China into a great modernized socialist country
  • Realizing the great rejuvenation of the Chinese nation
  • Promoting world peace and development
  • Building a community with a shared future for mankind

[3]

It also codifies other stated Chinese foreign policy objectives such as independent foreign policy of peace, five principles of peaceful coexistence, path of peaceful development and opening to the outside world.[4][5]

Institutions

The Law explicitly states that China conducts its foreign policy "under the centralized and overall leadership" of the Chinese Communist Party (CCP). The CCP's Central Foreign Affairs Commission is granted the role of "policy making, deliberation and coordination relating to the conduct of foreign relations".[6][5] According to the law, the National People's Congress and its Standing Committee "ratify or denounce treaties and important agreements concluded with other countries" and conduct activities and strengthen exchanges with "parliaments of foreign countries as well as international and regional parliamentary organizations".[6] The president represents the state, the State Council "manages foreign affairs" and "concludes treaties and agreements with foreign countries", and the Central Military Commission conducts "international military exchanges and cooperation".[6] The Ministry of Foreign Affairs "undertakes matters relating to diplomatic exchanges of Party and State leaders with foreign leaders" and "enhances guidance, coordination, management and service for international exchanges and cooperation conducted by other government departments and localities".[6]

Ideology

The law specifies that the country conducts its foreign relations under the guidance of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. It also explicitly states that China "conducts foreign relations to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development".[6][7]

International system

The law codifies three of Xi's global initiatives: the Global Development Initiative, the Global Security Initiative, and the Global Civilization Initiative.[8] It also states that China "upholds the international system with the United Nations at its core" and that it "observes the purposes and principles" of the Charter of the United Nations.[6]

Countermeasures

The Article 33 of the Law states that China the right to "counter and restrictive measures", though this does not create new sanction mechanisms and largely overlaps with preexisting and more specific laws such as the Anti–Foreign Sanctions Law of 2021.[5][8]

Reactions

Central Foreign Affairs Commission Office Director Wang Yi, writing an op-ed to the People's Daily, wrote that the formulation of the law is to "thoroughly implement" Xi Jinping Thought, especially Xi Jinping Thought on Diplomacy and Xi Jinping Thought on the Rule of Law.[9] He also wrote that the law was "an important measure to strengthen the Communist Party Central Committee’s centralized and unified leadership over foreign affairs".[8] The state-run Global Times called it a "key step to enrich the legal toolbox against Western hegemony".[7]

References

  1. ^ a b "中华人民共和国主席令" [Decree of the President of the People's Republic of China]. National People's Congress. 28 June 2023. Archived from the original on 8 July 2023. Retrieved 6 June 2023.
  2. ^ Wang, Orange (29 June 2023). "'Sanctions deterrent': China frames new Foreign Relations Law as essential to national sovereignty". South China Morning Post. Archived from the original on 2 July 2023. Retrieved 6 July 2023.
  3. ^ "China passes law on foreign relations, underscores party control". NHK World-Japan. 29 June 2023. Archived from the original on 29 June 2023. Retrieved 6 July 2023.
  4. ^ Wang, Kelly (29 June 2023). "New Law Sets Out China's Foreign Relations Goals, Response to National Security Threats". Caixin. Archived from the original on 1 July 2023. Retrieved 6 July 2023.
  5. ^ a b c Rudolf, Moritz (28 June 2023). "China's Foreign Relations Law: Balancing "Struggle" with Beijing's "Responsible Great Power" Narrative". NPC Observer. Archived from the original on 8 July 2023. Retrieved 6 July 2023.
  6. ^ a b c d e f "The Law on Foreign Relations of the People's Republic of China". Xinhua News Agency. 28 June 2023. Archived from the original on 29 June 2023. Retrieved 6 July 2023.
  7. ^ a b Ng, Kelly (1 July 2023). "China tightens Xi Jinping's powers against the West with new law". BBC News. Archived from the original on 1 July 2023. Retrieved 6 July 2023.
  8. ^ a b c "China's New Law Extends Xi's Combative Foreign Policy Stance". Bloomberg News. 28 June 2023. Archived from the original on 8 July 2023. Retrieved 6 July 2023.
  9. ^ Wang, Yi (29 June 2023). "贯彻对外关系法，为新时代中国特色大国外交提供坚强法治保障" [Implement the Foreign Relations Law and Provide Strong Legal Guarantee for Major-Country Diplomacy with Chinese Characteristics in the New Era]. People's Daily. Archived from the original on 29 June 2023. Retrieved 6 July 2023.