On China's Foreign Trade Development and Linkage with the Customary Rules of International Trade

Although great differences exist between the trade systems of different countries,internationaltrade must go on in line with the customary international trade rules.As China’s economy developsand the socialist market economic system emerges,China is basically qualified to link up withcustomary international trade rules.In the Ninth Five-Year Plan period,China’s reform of its foreigntrade system aims at setting up a trade system that conforms with international trade practice.Forthe purpose,the author of this article suggests that a neutral trade policy should be adopted inaccordance with the international practice since it does not hinder exports,nor restrict imports toan excessive degree.

国际经贸规则下国有企业的补贴政策研究

近年来,国际投资规则呈现区域化、碎片化趋势,贸易便利化与保护主义并行。在此背景下,竞争中立原则备受国际关注。目前,在竞争中立的实践方面,澳大利亚、经济合作与发展组织(OECD)、美国和欧盟各成一派,并面临重点规制对象不清、与国有企业相容性、竞争中立的适用性及例外等问题。针对竞争中立原则下的国有企业界定,澳大利亚、欧盟、美新自由贸易协定、跨太平洋伙伴全面进步协定(CPTPP)和OECD等不同国家和组织都有不同的阐述和立场。目前,国际经贸规则下的国有企业补贴以WTO的SCM协定为基本规则,以CPTPP非商业支持规则为新代表,并受到美欧日联合声明的干扰和影响。

Global Governance in Cyberspace: Process,Conflict and China’s Proposals

In recent years,problems such as cyber warfares,cyber espionages and cyber crimes have become global public nuisances and always challenge the authority of the sovereign states. Therefore,the governance of the derivative problems concerning the global cyberspace has become an issue of importance in the international law. To overcome these challenges,sovereign states begin to get involved in cyberspace and seek international cooperation,so as to promote the evolution of the international rule of law in cyberspace. Currently,the cyberspace is filled with contradictions and conflicts. The cyber hegemonic states monopolize basic resources for cyberspaces,and their liberalism of double standards is the best tool to maintain their centralized and dominant situations. Moreover,the differences on governance problems between different camps leads to the significant institutional supply shortage. Accordingly,as a responsible power,China should advocate the Chinese solution and wisdom so as to create the reform of global cyberspace governance system. Possible specific measures include clarifying the governance structure of sovereign state-orientation,adhering to the model of shared governance with multilateral approach and multi-party participation.

Prospects for an Eastward Shift of the Global Economic Center

The rapid growth of Asian economies and their rising share of the global economy give rise to a prevailing view that the global economic center is moving eastward. At least over the next decade, however, Asia is unlikely to become the global economic center. There are multiple reasons .for this. First, insufficient demands from end consumers will make it difficult to reduce Asian economies＇ reliance on other markets for exports. Second, Asian economies＇ continued growth will be constrained both by insufficient innovation and by future global climate change regulations. Because of international labor division, moreover, it will be increasingly difficult to achieve leapfrog development. Third, there are several obstacles to building an integrated Asian market： these will prevent Asian economies .from shaping a common ground regarding international affairs. If Asian countries are unable to make breakthroughs in these three areas, the global economic system may exhibit asymmetrical ＂dual centers＂, i.e, a global manufacturing center in Asia and a global financial center in Europe and America.

Legalization of the Right to Peace in the Context of a Community with a Shared Future for Human Beings

The right to peace means that all people have the right to resist aggression,and to safeguard and enjoy peace.As a collective right enjoyed by a country or people,the right to peace has not been clearly established as a legal right by international laws or international conventions.This situation is closely related to the Western countries’long-term control of the individualistic human rights discourse.With the deepening of globalization and the addition of the concept of a community with a shared future for human beings in UN resolutions,peace is the common goal of all countries,and the whole of human society,and the international community is raising an increasingly higher demand for the right to peace based on the rule of law.The right to peace based on the rule of law requires that the international community stipulate the right to peace via international laws and conventions and clarify its connotations,the subjects of the right and their obligations,as the implementing agencies and ways to realize the right.

Coordinate Rule of Law Efforts in Both Domestic and Foreign-Related Matters

Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law.The profound essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated advancement.This concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,modern progressive theories of international law,and the exemplary facets of traditional Chinese culture.It is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and abroad.This philosophy underscores the approach to building a human community with a shared future through the rule of law,guaranteeing the fruition of national strategic aspirations.This resonates with profound contemporary,integrative,international,and strategic significance.Presently,the focus should be on fostering the development of foreign-related rule of law,maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related matters.It is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties,step up research on and practical application of international law,and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties.

Accurately Comprehending the Concept of"Rule of Law in Foreign- Related Affairs" to Promote Coordinated Advancement in the Rule of Law in Chinese Domestic and Foreign-Related Affairs

The n notion of"rule of law in foreign-related affairs"signifies a critical innovation and evolution in the theory and practice of socialist rule of law with Chinese characteristics.It underscores the pivotal role of rule of law in foreign-related affairs in the law-based governance and presents new topics for the theoretical study for rule of law.A precise comprehension of"rule of law in foreign-related affairs"necessitates tracing its origins and elucidating its correlations with both"rule of law in domestic affairs"as well as with"international rule of law."Acknowledging both domestic and international plerugatives,while holistically advancing law-based governance,constitutes the foundational rationale behind"rule of law in foreign-related affairs."In addition,the cognitive transition from a"socialist legal system"to the"socialist rule of law"in foreign-related affairs."In addition,the cognitive transition from a"socialist legal system"to the"socialist rule of law"forms a theoretical foundation for the rule of law in foreign-related affairs.Although national governance and global governance,as well as the rule of law in domestic and foreign-related affairs fall under distinct governance categories and legal systems,they are interconnected,mutually influential,and integrated.As a component of national rule of law,the rule of law in foreign related affairs acts as a bridge between the two independent legal systems of the rule of law in national affairs and international rule of law.It is imperative to promote a harmonized advancement of the rule of law in domestic and foreign-related affairs,thereby expediting the strategic deployment of the rule of law in foreign contexts.This strategy more effectively safeguards national sovereignty,security,and developmental interests while contributing to build a human community with|a shared future.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Rule of Law Construction in China

The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Methodological Innovation

The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a State＇s motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand ＂rehearsal＂ chance for the process of the rule of law to grasp the pros and cons in the planning andpractice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD The Chinese Expression of the International Rule of Law

The Chinese expression of the direction and progress of the international rule of law is an important part of showcasing China＇s stand and ideas in international relations, and serves as a major interactive link between the Chinese rule of law and the international rule of law. The progress of the international rule of law rests on the active, full and effective expression of various countries including China, so that it can become more just and rational. In order to express itself explicitly and effectively, China needs to participate actively in the practices of international rule of law, in a bid to expand its horizon, enlist public support, and obtain opportunities.

The Influence of Global Governance upon State Governance

The constant deepening of globalization is bringing all countries into the same global village, and intensified the coordination, interaction and mutual checks of global and state governance. Global governance advocates the whole of the interdependent destiny and common interests of mankind, and the extension of shared national responsibilities, challenges and risks to the whole globe instead of restricting them to certain regions or countries. Global governance is increasingly exerting a profound influence upon state governance in many respects, among them values, concepts, mechanisms, structures and actors, and is giving an external impetus to the modernization of state govemance.

The World Implications of the ＂Chinese Road＂ in the Context of Globalization

China＇s immense achievements over the sixty years since the founding of New China, especially in the last thirty years since the institution of reform and opening up, have inspired heated debate on whether there exists a ＂Chinese model of development＂ or a ＂Beijing consensus.＂ The term ＂model＂ has two layers of meaning： one refers to the uniqueness of China＇s development road, the other to its exportability and imitability. In terms of the former, China has indeed created a unique developmental model. China＇s development path was arrived at when the Chinese people finally chose Marxism in the course of their pursuit of national independence and modernization. Its essential character is the choice to follow the socialist road and reject capitalist expansion and enslavement. Globalization follows the unbounded aggrandizement of capital, which brings world politics and economy under the domination of world capitalism. It is against such a background that the uniqueness of the Chinese road of development stands out. At the same time China has no intention of exporting its own model of development. Rather, China＇s pursuit of harmony, equality and diversity among nations will allow the success of the Chinese road to change current international rules and concepts of global development. In this era of globalization, the Chinese road is of world significance.

Rule of Law at the National and International Levels: A Review from the Global Governance Perspective

The rule of law as a fundamental means of global governance has two levels, the national and the international. The national rule of law and the international rule of law, defined by their respective concepts, orientations and fimctions, address governance issues at the national and international levels. Interdependent, they are linked effectively by two core factors of the rule of law： ＂good law＂ and ＂good governance.＂ Between them is an ongoing process of interaction, a basic expression of their unified relationship. The framework of their interaction comprises three basic elements： individual states and the national rule of law; the international community and the international rule of law; and the medium of rule of law interaction. This interaction is two-way, cyclical, diversified, comprehensive and incremental. In this interactive process, China needs to define its international position and actively participate in the development of the international rule of law so as to establish its discourse right in this field.

China and the Reform of International Trade Governance System

The 21st century has carried the international trade governance system into a period of accelerated reshaping.The reform has been fueled by many factors including the requirement of the in-depth development of global value chains for cross-border institutional coordination,the requirement of the form of digital economy for new digital rules,and the requirement of the dominant countries under the traditional international trade governance system for the maintenance of their own interests.The reform of international trade governance system has driven China to adjust itself to external pressures while creating opportunities for the country to deepen the reform and join international trade governance.China as a beneficiary and firm supporter of economic globalization has rapidly grown from a marginal participator in economic globalization into a builder and contributor of the governance of the international trading system.It plays an active part in the reform of international trading system and the construction of a community of shared future for mankind by means of the making of rules,the reshaping of rules,the adjustment of rules,and the adaptation to rules.In addition,the critical measures for China to cope with the changes of globalization also consist in its deepened domestic reform,proactive opening-up,facilitated alignment with domestic and international rules,and an institutional environment suitable for the new situation of a"dual circulation"development pattern.