China's new foreign relations law: A legal milestone for diplomacy

China adopted the groundbreaking Foreign Relations Law (FRL) on June 28. It is the country's first comprehensive law regulating its foreign affairs. As a significant achievement in implementing President Xi Jinping's diplomatic philosophy, enhancing the foreign-related legal system, and bolstering the rule of law in foreign affairs, this trailblazing law demonstrates China's confidence and resolve to protect national sovereignty, security and development interests while promoting world peace and progress.

At its essence, the new law is China's diplomatic response to the shifting global landscape and new challenges. It stems from a world undergoing profound changes not seen in a century. While there is an unstoppable historical trend toward peace, development, cooperation and mutually beneficial relationships, the rise of hegemonic ambitions, unilateral actions, protectionist policies and zero-sum mentalities poses grave threats to both the international order and global progress.

Western countries, particularly the United States, have frequently meddled in China's internal affairs, imposed unilateral sanctions, and exercised extraterritorial jurisdiction over China using domestic laws. Under such legal pretexts, these nations have sought to obstruct and suppress China's rejuvenation.

China enacted the Foreign Relations Law on July 1 to govern its foreign relations meticulously through legal principles, institutions, and regulations, while staunchly defending the UN-centered international system and order based on international law.

In addition, the FRL represents an internal necessity to advance the rule of law in China and coordinate domestic and international legal matters. Since the 18th National Congress of the Party in 2012, China has achieved unprecedented success in building a socialist legal system with Chinese characteristics. However, recent years have revealed specific deficiencies in China's foreign legal architecture.

On one hand, in the face of escalating unilateral sanctions and extraterritorial jurisdiction from certain Western powers, China has yet to establish robust defenses and blocking mechanisms, while on the other hand, it has not yet established a comprehensive legal framework for navigating complex foreign-related legal issues in areas such as trade, finance, technology, culture, education and health.

Therefore, enacting the FRL is critical to dealing with these challenges and providing solid legal support for China's diplomatic and economic development.

Comprised of 45 articles across six segments, the innovative FRL codifies existing foreign-related laws as well as establishes new legal norms and frameworks. The initial chapter establishes the spirit of the law by laying out general provisions. It emphasizes the applicability of the law to the development of diplomatic relations between China and other nations, as well as communication and cooperation in economics, culture, and other areas.

The second chapter outlines the legal framework controlling international relations. It establishes a central decision-making body in charge of directing and coordinating discussions of foreign policy. This group is charged with formulating and implementing foreign affairs strategies and related key directives and policies.

It also emphasizes the significance of the National People's Congress and its Standing Committee in the approval and revocation of international treaties and important agreements.

The third chapter defines the objectives and tasks for developing international relations. It underscores China's dedication to safeguarding the socialist system, national sovereignty, and territorial integrity, as well as serving the nation's social and economic development.

The fourth chapter goes into detail about the frameworks for international relations, including the obligations that organizations and foreigners have in China. They must obey Chinese law and not jeopardize public order or national security.

The fifth chapter stipulates safeguards, including enhancing international cooperation against corruption and cross-border crime.

The sixth chapter provides additional context for preserving sovereignty and advancing world peace.

This groundbreaking law has significant consequences. China's strategic openness and sincerity are reflected in the new law. It conveys China's diplomatic principles and stances, displaying confidence and a commitment to uphold the UN-centered order and the rule of law on a global scale. This exemplifies China's good intentions and sense of duty as a major player in promoting world peace and development.

The FRL also opposes the hegemony and unilateralism of some Western states. The implementation of unilateral sanctions based on domestic laws and their intervention in China's internal affairs is made clear to be unlawful and illegitimate. The law demonstrates China's commitment and ability to defend its legal rights and interests.

It offers opportunities for cooperation with other countries on an equal footing. It establishes a legal framework and serves as a model for nations looking to strengthen their ability to uphold the rule of law in international affairs while fostering the right environment for building a shared future for all people.

The FRL is a significant step in codifying China's foreign policy priorities, although several aspects of the legislation require careful interpretation and application. For instance, unclear enforcement mechanisms could cause concern among foreign businesses, investors, and Chinese citizens regarding the application of the law.

Furthermore, broad retaliation would deteriorate China's relations with major powers at a time when stability is still essential in many areas. Therefore, it will be necessary to strike a careful balance between firmly protecting China's sovereign rights and upholding constructive ties with other countries.

Prudent enforcement by Chinese authorities will be key to ensuring the legislation achieves its intended objectives.

As China rises on the global stage, the FRL charts a new course for the country's diplomacy amid turbulent times. This legislation now fortifies China's interests and priorities in an unpredictable world, much like the Great Wall once defended ancient borders.

Nevertheless, its compass points to all nations toward shared destiny, as China's own voyage relies on common tides lifting all boats. Therefore, in an era of global connectivity, the Foreign Relations Law's primary goal still remains the construction of communication bridges across civilizations.

(The author is a research fellow with the School of Law, Chongqing University.)