《中国促进国际法治报告》旨在系统梳理近年来国际法治的新发展,着重阐述中国在国际法治的各个重要领域所表明的理念、坚持的原则与立场和采取的具体行动,系统展示了中国对促进国际法治做出的重要贡献。本书由两部分构成,第一部分为中国与国家间关系法治,中国与国际经济关系法治,中国与国际民商事法治,以及中国国际法理论与实践的国际传播;第二部分集中深入梳理2016年中国在国际法某些特定领域的理论创新、制度构建和最新实践。
Preface
Since the 4th Plenary Session of the 18th Central Committee of Communist Party of China (CPC), China has entered into a new era of “promoting law-based governance of the country in an all-around way”. The year of 2016 marks the 45th anniversary of China’s restoration of the lawful seat in the UN. As a staunch defender and builder of the international rule of law, China always defends the basic principles and purposes of the United Nations Charter and champions the Five Principles of Peaceful Coexistence. In recent years, XI Jinping, the President of the People’s Republic of China, emphasized on many international occasions the importance of “building a new type of international relations featured by win-win cooperation”, “creating a community of shared future for mankind” and “fostering the correct viewpoint of righteousness and benefit”, which raised new goals and values for promoting the international rule of law.
Meanwhile, on furthering the construction of the “Belt and Road” Initiative (“the Initiative”), XI Jinping emphasized that it should be acted according to the principle of “wide consultation, joint contribution, and shared benefit”. Therefore, how to advance the international legal cooperation and establish a law-guaranteed system for the Initiative within the regime of the international rule of law now becomes an essential task for China’s involving in the construction of the international rule of law and propelling the positive interactive developments between domestic law and international law.
The bilingual (Chinese/English) publication of the Annual Report on China’s Practice in Promoting the International Rule of Law (“the Report”) is aimed at elaborating the ideas that China advocates, the principles and positions that China maintains, and the actions that China has taken in speci.c areas of the international rule of law, and above all illustrating the significant contributions that China has made to promote the international rule of law in an all-around way. Besides, the Report will also increase the transparency of China’s practice in promoting the international rule of law and encourage the international society to view China’s participation and contributions in a more objective way, which would eventually increase China’s voice and in.uence within the international arena and during the process of advancing the international rule of law.
Since 2014, the Institute of the International Law of Wuhan University (“the Institute”) has united all colleagues to edit, publish and distribute the Report. At the beginning of 2016, the Institute decided to list the Report as one of the Major Achievements of the National Top Think-Tank. Besides, the Institute also plans to broaden and deepen the research areas based on previous versions of 2015 and 2016 with some new challenging topics sprout in the .eld of the international rule of law.
From the perspective of China’s practice, the Report (2016) extends to almost every issue on the rule of law connected with global governance. It consists of two parts—practice summaries and reports on special topics.
The first part summarizes the practice of China in specific areas of promoting the international rule of law. It discusses the following issues: (1) the Rule of Law and Relations among States, which demonstrates China’s practice in promoting the international rule of law in environmental protection, international development, air and outer space, cyber space, international human rights, international humanitarian law, international criminal law and other .elds; (2) the Rule of Law and International Economic Relations, which exhibits China’s practice in promoting international trade law and international taxation law; (3) the Rule of Law and International Civil and Commercial Affairs, which includes China’s practice in promoting the applicable law, the foreign-related civil procedure, international legal assistance in civil and commercial matters, and food security; (4) Overseas Dissemination of China’s Position and Practice in International Law, which mainly introduces the contributions made by the Chinese academic circle in terms of promoting the international rule of law.
The second part focuses on the special themes of China’s practice in promoting the international rule of law, which systematically concludes China’s theoretical innovation, institutional construction and some latest practice within some speci.c areas in 2016. It includes the following chapters: “China and Community of Shared Future for Mankind”, “The ‘Belt and Road’ Initiative and Enhancing International Credibility of Chinese Judiciary”, “Issues Relating to the Historic Rights in the South China Sea Arbitration”, “Towards a Great Power of International Law in Cyberspace”, “Study on the Expiration of Paragraph 15(a)(ii) of China’s Accession Protocol” and “International Law and Practice Concerning Anti-Corruption and Pursuing Fugitives and Illegal Assets”.
The Report (2016) is collectively written by the researchers of the Institute, including Professor QIN Tianbao, the Director of the Wuhan University Research Institute of Environmental Law. Compiling this report is an attempt without any prior experience to refer to, so unavoidably, omissions and deficiencies still exist both in structure and in content. We welcome comments from authorities and academic peers to help us further improve the next edition. Finally, we gratefully acknowledge the Social Sciences Academy Press (China) for publishing the Report in both English and Chinese.
XIAO Yongping
FENG Jiehan
June 2017
肖永平,男,汉族,湖北麻城人,1966年2月28日出生,武汉大学教授,法学院院长。曾获湖北省首届社会科学很好成果奖,霍英东基金会高校青年教师奖,“中国法治之路”青年法律论文很好奖,首届珞珈青年赤子奖等11项奖励,著有《中国冲突法立法问题研究》、《中国仲裁法教程》和《冲突法专论》等12部著作,在《》、《美国比较法杂志》等靠前靠前刊物上发表论文70余篇。