Practice and Outlook of China's Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations

As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.

Extraterritorial Application of International Human Rights Conventions——From the Perspective of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations

The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.

Creating an Extraterritorial Application System of Chinese Law: From the Perspective of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner

The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law,as well as between the rule of law in domestic affairs and that in international affairs,providing a bridge for China to build lawbased governance and to reform the global governance system for the new era.The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law.The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations.In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreignrelated affairs,thebuilding ofChina's system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China,with legislative,executive,and judicial authorities performing their respective duties.This building should be based on multilateralism,taking into account the legitimate concerns of other countries,and with the bottom line of not violating the prohibitive provisions of international law,and should be promoted with a balanced approach considering both"offense"and"defense."

试论云冈石窟造像的域外元素

两汉之际,佛教向东传入中国,随着北魏云冈石窟的开凿,希腊、罗马、波斯、中西亚以及印度艺术在拓跋鲜卑族人建构民族精神的崇高使命下逐步汇入中华民族传统文化,在印度佛教中国化的历史进程中熠熠生辉。其中,印度犍陀罗、笈多艺术在云冈建造中的深刻烙印,是东西文明交融的域外元素典型。Abstract:Buddhism came eastwards to China during the Han Dynasty,with the excavation of Yungang Grottoes in Northern Wei Dynasty,the arts of Greece, Rome, Persia, Central and Western Asia, and India, under the lofty mission of Tuoba Xianbei people constructing the national spirit,gradually into the traditional culture of the Chinese nation ,shining in the course of the Chinese history of Buddhism in India.Among them,the art of Gandhara and Gupta in India ,having left a deep impression on the construction of the Yungang,is a blending of eastern and Western civilization of the typical foreign elements.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.

DOES CHINA NEED AN ANTI-FOREIGN BRIBERY STATUTE？ SOME LESSONS FROM THE FCPA OF US

Globalization has been accompanied by the spreading of bribing foreign officials. In order to curb the transnational corruption, the US has pioneered the anti-foreign bribery through enacting the 1977 Foreign Corrupt Practice Act （FCPA）, which also stimulated the formulation of international anti-corruption agreements. Even though the 8th Amendment of China＇s Criminal Law contains a concise provision on sanctioning bribing foreign officials, however, China still does not have a comprehensive anti-foreign bribery legal mechanism. As the second largest economy of the world, China seems inevitably to have its own anti-foreign corruption statute. This article aims to use the U.S. FCPA as an analytical subject to discuss whether or not China has the necessity of enacting its own statute of foreign corruption prevention. The issues such as extraterritorial jurisdiction and compliance burden should also be considered in the enactment of China＇s possible anti-foreign bribery law.