Date : 03/07/2023

Reference – GS Paper 2 - International Relations

Keywords – China's National People's Congress,Law on Foreign Relations, National security, Belt and Road Initiative, Global Development Initiative, Global Security Initiative

Context:

China's National People's Congress recently enacted a new Law on Foreign Relations, effective from July 1. This law aims to bolster President Xi Jinping's authority over foreign policy and addresses perceived shortcomings in China's legal system concerning foreign affairs. By providing a legal basis for key objectives of Chinese foreign policy, the law seeks to establish punitive measures against individuals or organizations that act against those objectives. Furthermore, it coincides with a political shift in China that prioritizes security over development and opening up, potentially leading to significant political and economic consequences.

Implications for Foreign Policy:

The new law solidifies President Xi's centralized control over Chinese foreign policy. It explicitly references initiatives like the Belt and Road Initiative (BRI), the Global Development Initiative (GDI), and the Global Security Initiative (GSI), underscoring their importance. Sovereignty and security are highlighted as central to Chinese foreign policy, indicating a potential shift away from the previous emphasis on development and opening up. These changes have far-reaching implications for both the political and economic landscape in China.

Addressing Western Sanctions:

Chinese officials have stated that one objective of the new law is to formulate a legal response to Western sanctions imposed on China. The legislation reinforces the existing Law on Countering Sanctions and makes it illegal for Western companies operating within China to comply with such sanctions. This response aims to protect China's sovereignty, national security, and development interests by countering acts that violate international law or fundamental norms governing international relations. The law also opposes hegemonism, power politics, unilateralism, protectionism, and bullying towards China.

Lending Aid to Foreign Countries:

The new law also includes provisions related to China's foreign aid practices. Article 19 emphasizes that when providing aid, China will respect the sovereignty of recipient countries and refrain from interfering in their internal affairs or attaching political conditions to the assistance.

Implications for India:

The focus on security, sovereignty, and territorial integrity in Chinese foreign policy aligns with the border dispute between India and China. The Border Law adopted in 2021 aimed to formalize China's actions along the Line of Actual Control (LAC), contributing to the deterioration of bilateral relations. The new Law on Foreign Relations reinforces this emphasis on security and sovereignty, potentially limiting the scope for resolving territorial disputes through negotiation.

Key Articles in the Law:

Several articles within the law have significant implications. Article 6 assigns the responsibility and obligation to safeguard China's sovereignty, national security, dignity, honor, and interests to various entities and citizens engaged in international exchanges and cooperation. Article 31 highlights that treaties and agreements should not undermine the sovereignty, national security, and public interests of the State. Article 17 underscores the priority of upholding China's system of socialism with Chinese characteristics, safeguarding its sovereignty, unification, and territorial integrity, and promoting economic and social development. Meanwhile, Article 8 states that organizations or individuals engaging in international exchanges and committing acts detrimental to China's national interests may be held accountable by law.

Conclusion:

China's new Law on Foreign Relations strengthens President Xi Jinping's control over foreign policy and addresses perceived shortcomings in the country's legal system concerning foreign affairs. It aligns with China's shifting emphasis on security and sovereignty, potentially impacting both domestic and international dynamics. By formulating a legal response to Western sanctions and addressing lending practices, the law seeks to safeguard China's interests while promoting its global objectives. However, the broad language used in the law leaves room for interpretation, allowing authorities to exercise wide discretion in its implementation. The law's implications for India are particularly noteworthy, as it reinforces China's focus on security and sovereignty in the context of the border dispute.

Source – The Hindu