THE new Law on Foreign Relations of the People’s Republic of China (PRC) was adopted at the Third Meeting of the Standing Committee of the 14th National People’s Congress on June 28. It came into force on 1 July 2023 to coincide with the 102nd anniversary of the foundation of the Communist Party of China (CPC). The general principles of the law indicate that it is enacted pursuant to the Constitution of PRC to conduct foreign relations to achieve the goals of 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; and building a community with a shared future for mankind.
This Law shall apply to the conduct of China’s diplomatic relations with other countries, its exchanges and cooperation with them in the economic, cultural and other areas its relations with the United Nations and other international organizations. The general principles elucidate that PRC conducts foreign relations and promotes friendly exchanges under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Important Thinking of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.
It is reassuring that China pursues an independent foreign policy of peace observes the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, mutual non-interference in internal affairs, equality and mutual benefit peaceful coexistence. PRC has resolved to continue pursuing a path of peaceful development and adheres to the fundamental policy of opening to the outside world and a strategy of opening-up for mutual benefit. Simultaneously, the law enshrines China’s right to impose “countermeasures” against actions that it deems a threat.
The world should be relieved that the People’s Republic of China observes the purposes and principles of the Charter of the United Nations endeavours to safeguard world peace and security, promote global common development build a new type of international relations. It is committed to settling international disputes by peaceful means and opposes the use of force or threat of force in international relations, hegemonism and power politics. It remains true to the principle that all countries are equal regardless of size, strength or level of development and respects the development paths and social systems decided upon independently by the people of all countries.
The new law explicates that the conduct of foreign relations by PRC is under the centralized and overall leadership of the CPC. The State institutions, armed forces, political parties, people’s organizations, enterprises, public institutions, other social organizations citizens have the responsibility and obligation to safeguard China’s sovereignty, national security, dignity, honor and interests in the course of international exchanges and cooperation.
The functions and powers for the conduct of foreign relations have been clearly expounded, indicating that the central leading body for foreign affairs is responsible for policy making, deliberation and coordination relating to the conduct of foreign relations. It considers and formulates the State’s foreign relations strategy and related major principles and policies provides guidance for their implementation. It is responsible for top-level design, coordination and holistic advancement of work concerning foreign relations supervises its implementation.
The National People’s Congress and its Standing Committee ratify or denounce treaties and important agreements concluded with other countries exercise functions and powers relating to foreign relations pursuant to the Constitution and other laws. The National People’s Congress and its Standing Committee actively conduct international exchanges strengthen exchanges and cooperation with parliaments of foreign countries as well as international and regional parliamentary organizations.
The President of the People’s Republic of China represents PRC, conducts affairs of state exercises functions and powers relating to foreign relations pursuant to the Constitution and other laws. The role of the Central Military Commission has been explicated that it organizes and conducts international military exchanges and cooperation and exercises functions and powers relating to foreign relations pursuant to the Constitution and other laws. The Ministry of Foreign Affairs of the People’s Republic of China conducts foreign affairs in accordance with the law and undertakes matters relating to diplomatic exchanges of Party and State leaders with foreign leaders. The Ministry of Foreign Affairs enhances guidance, coordination, management and service for international exchanges and cooperation conducted by other government departments and localities.
Other central and government departments conduct international exchanges and cooperation according to their respective scope of responsibilities. Diplomatic missions of PRC abroad, including embassies and consulates in foreign countries as well as permanent missions to the United Nations and other international intergovernmental organizations, represent the People’s Republic of China abroad. The Ministry of Foreign Affairs exercises overall leadership over the work of Chinese diplomatic missions abroad. The new law depicts that provinces, autonomous regions and cities directly under central government jurisdiction shall carry out international exchanges and cooperation within the specific scope of mandate authorized by the central authorities. People’s governments of provinces, autonomous regions and cities directly under central government jurisdiction shall manage matters relating to international exchanges and cooperation in areas under their administration in accordance with their functions and powers.
The goals and mission of conducting foreign relations have been clearly enunciated that the PRC conducts foreign relations to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity promote its economic and social development. China calls for putting into action the Global Development Initiative, the Global Security Initiative and the Global Civilization Initiative endeavours to advance a foreign affairs agenda on multiple fronts, at different levels, in various areas and of multiple dimensions.
It should bring solace to the rest of the world that China has resolved to work to promote coordination and sound interaction with other major countries and grow relations with its neighbouring countries in accordance with the principle of amity, sincerity, mutual benefit and inclusiveness and the policy of enhancing friendship and partnership with its neighbours and works to strengthen solidarity and cooperation with other developing countries. While most countries, including the US, have formulated laws to govern their Foreign Policy, China’s new law on foreign relations makes it clear that the PRC upholds and practices multilateralism and participates in the reform and development of the global governance system. The release of the new law comes “amid new challenges in foreign relations and “provides a legal basis for the diplomatic struggle against sanctions, anti-intervention and long-arm jurisdiction” and enriches the “legal toolbox” to safeguard national interest.
—The writer is a Retired Group Captain of PAF, who has written several books on China.
Email: sultanm.hali@gmail.com
