¹ Taken from the resolution adopted at the 6th plenary session of the 16th Central Committee of the Communist Party of China in October 2006. English transliteration: Hexie shehui, shu yao yi ge geng shang da de, geng quan wei de fazhi. Google Scholar

² In reference to the book of Claude Lefort, Complications, Communism and the Dilemmas of Democracy (2007), and of course, to essays on communism published right after its fall in Eastern Europe by François Furet, The Passing of an Illusion: The idea of Communism in the Twentieth Century (1999), and Martin Malia, The Soviet Tragedy: A History of Socialism in Russia 1917-1991 (1994). Although I feel that Lefort's theories cannot be applied as such to today's China or international law, my reasoning is informed by these comparative references.Google Scholar

³ See Foucault, Michel, Surveiller et punir (1975).Google Scholar

⁴ The 1999 amendments had ratified this development by inscribing the concept of “socialist rule of law” into the Chinese constitution. Article 5 says: “The People's Republic of China governs the country according to law and makes it a socialist country ruled by law. The state upholds the uniformity and dignity of the socialist legal system.” See Zhonghua Renmin Gongheguo Xianfa (中华人民共和国宪法) [Constitution] Mar. 14, 2004 (China), available at: http://english.gov.cn/2005-08/05/content_20813.htm (last accessed: 24 April 2012).Google Scholar

⁵ English transcription: shehui zhuyi fazhi guojia. Google Scholar

⁶ English transcription: shehui zhuyi hexie shehui. Google Scholar

⁷ For example, The China Law Society has recently organized the XXIV World Congress of philosophy of law and social philosophy on the theme of “Global Harmony and the Rule of Law.” Although many different approaches of law were used to inform the discussions, the Chinese organizers consciously and systematically referred to the concept of ‘harmony’ perceived as a component of a ‘Chinese’ and ‘socialist’ approach of law.Google Scholar

⁸ Figures for the annual number of incidents seem to be getting harder to find. A report of the Congressional Research Service based on official Chinese sources provides for a 50% increase in “public order disturbances” between 2003 and 2005, with 87,000 incidents for 2005 alone. See Lum, Thomas, Cong. Research Serv., RL3341, Social Unrest in China (2006). As the global economic crisis is now deepening, tens of thousands of protests are erupting from a mixture of economic grievances and political resentment. With ‘only’ 5% growth this year, these mass protests clearly constitute one of the government's principal concerns. See also Symposium, China's Social Insecurity, 1 China Rights Forum 13 (2005). These movements have obviously not stopped over the last two years. On local order and the impact of provincial governments on the ‘suppression’ of Chinese resistance, see e.g. Cai, Yongshun, Local Governments and the Suppression of Popular Resistance in China, 193 The China Q. 24 (2008).Google Scholar

⁹ See e.g., 16th National Congress of the Communist Party of China, 2002, china.org.cn, available at: http://www.china.org.cn/english/features/44506.html (last accessed: 24 April 2012).Google Scholar

¹⁰ For a contextual perspective, see Kahn, Joseph, China Makes Commitment to Social Harmony, Times, N.Y., Oct. 12, 2006, available at: http://www.nytimes.com/2006/10/12/world/asia/12china.html?scp=2&sq=china+makes&st=nyt (last accessed: 24 April 2012).Google Scholar

¹¹ Full text available in Mandarin on the Xinhua website: 中共中央关于构建社会主义和谐社会若干重大问题的决定 (The decision of the CPC Central Committee on major issues of building an associalist harmonious society), Xinhua, Oct. 18, 2006, available at: http://news.xinhuanet.com/politics/2006-10/18/content_5218639.htm (last accessed: 24 April 2012).Google Scholar

¹² See China publishes resolution on building of harmonious society, Xinhua, Oct. 18, 2006, available at: http://news.xinhuanet.com/english/2006-10/18/content_5219111.htm (last accessed: 24 April 2012).Google Scholar

¹³ Included in the preamble of the constitution through the 2004 amendments, the theory of the ‘Three Represents’ (sange daibiao) seeks to legitimize the move to integrate “the most advanced productive forces” in running the country – hence the opportunity for entrepreneurs to become Party members.Google Scholar

¹⁴ See CPC Promotes “Core Value System” to lay Moral Foundation for Social Harmony, Xinhua, Oct. 18, 2006, available at: http://news.xinhuanet.com/english/2006-10/18/content_5220576.htm (last accessed: 24 April 2012).Google Scholar

¹⁵ Id.Google Scholar

¹⁶ See President Hu Calls for Building Socialist Morality, Xinhua, Sep. 19, 2007, available at: http://www.chinadaily.com.cn/china/2007-09/19/content_6118495.htm (last accessed: 24 April 2012).Google Scholar

¹⁷ See e.g. The State Council Information Office of China, The Socialist System of Laws with Chinese Characteristics (2011), available at: http://www.npc.gov.cn/englishnpc/news/2011-10/28/content_1677839.htm (last accessed: 24 April 2012).Google Scholar

¹⁸ Supreme People's Court, Jan. 15, 2007, Notice of the Supreme People's Court on Printing and Distributing Some Opinions of the Supreme People's Court about Providing Judicial Protection for the Construction of Socialist Harmonious Society (China), available at: http://www.lawinfochina.com/law/display.asp?db=1&id=5886&keyword=harmoniou (last accessed: 24 April 2012).Google Scholar

¹⁹ See Supreme People's Court, Mar. 6, 2007, Several Opinions of the Supreme People's Court on Further Displaying the Positive Roles of Litigation Mediation in the Building of a Socialist Harmonious Society, available at: http://www.lawinfochina.com/law/display.asp?db=1&id=5930&keyword=supreme%20people%20court (last accessed: 24 April 2012).Google Scholar

²⁰ Specifically, these opinions stress the need to protect individual rights, especially those of workers and peasants. A number of social conflicts such as those arising from campaigns to restructure state enterprises are targeted. Direct reference is made to protecting fundamental rights in the penal system. Courts must also pay special attention to resolving environmental disputes and issues involving international and comparative law, especially those pertaining to Taiwan, Hong Kong, or Macao. Lastly, the court's opinions stress the fight against judicial corruption and the need for transparency of the justice system. These latter goals must be fully achieved by 2020, by which time the Chinese judicial system, having become more transparent, will thereby be better able to protect human rights. See supra note 19.Google Scholar

²¹ English transcription: hexie shehui qiu shi fazhi shehui. Google Scholar

²² English transcription: hexie shehui yao kao fazhi. Google Scholar

²³ English transcription: hexie shehui xuyao yi ge gengqiang da de geng quanwei de fazhiI. Google Scholar

²⁴ See supra note 19.Google Scholar

²⁵ This caused something of a stir and notably drew comment in an article by Joseph Kahn in the New York Times; see Kahn, Joseph, Chinese Official Warns Against Independence of Courts, Times, N.Y., Feb. 3, 2007, available at: http://www.nytimes.com/2007/02/03/world/asia/03china.html?_r=1&n=Top%2fReference%2fTimes%2 (last accessed: 24 April 2012).Google Scholar

²⁶ English transcription: hexie shijie. Google Scholar

²⁷ See Jintao, Hu, President of the People's Republic of China, Build Towards a Harmonious World of Lasting Peace and Common Prosperity, Speech Before the United Nations Summit, (Sep. 15 2005), available at: http://www.china-un.org/eng/xw/t212915.htm (last accessed: 24 April 2012). See also President Hu Elaborates the Theory of Harmonious World, People's Daily Online, Nov. 26, 2007, available at: http://english.peopledaily.com.cn/90001/90780/91342/6824821.html (last accessed: 24 April 2012).Google Scholar

²⁸ See also, The State Council Information Office of China, China's Peaceful Development Road (2005).Google Scholar

²⁹ See Tingyang, Zhao (赵汀阳), Tianxia Tixi: Shijie Zhidu Zhexue Daolun (天下体系: 世界制度哲学导论) (2005); Zhao Tingyang (赵汀阳), Huai Shijie Yanjiu: Zuowei Diyi Zhexue de Zhengzhi Zhexue (坏世界研究: 作为第一哲学 的政治哲学) (2009).Google Scholar

³⁰ For a global approach to the internationalization of China, see Zweig, David, Internationalizing China: Domestic Interests and Global Linkages (2002).Google Scholar

³¹ On the role of Shen Jiaben (1840-1913) in the progressive internationalization of Chinese law, see Guilian, Li, Shen Jiaben zhuan (2000) (biography of Shen Jiaben); Jérôme Bourgon, Shen Jiaben et le droit chinois à la fin des Qing (1994) (unpublished doctoral thesis, École des Hautes Études en Sciences Sociales). For a more synthetic view of the historical relationship between China and international law, see Tieya, Wang, International Law in China: Historical and Contemporary Perspectives 237–262 (1990); see also Zhaojie, Li, Legacy of Modern Chinese History: Its Relevance to the Chinese Perspective of the Contemporary International Legal Order, 5 Singapore Journal of Int'l and Comp. L. 314 (2001). For a contemporary approach put into historical perspective, see Hélène Piquet, La Chine au carrefour des traditions juridiques (2005).Google Scholar

³² This veritable diplomatic marathon ended at the WTO ministerial conference in Doha with the signing of a 900-page accession agreement. The accession documents are available on the WTO website; see generally http://www.wto.org (last accessed: 24 April 2012).Google Scholar

³³ Interview with Pierre-Louis Girard, President of the GATT Working Party on China's Status, later WTO Working Party on Accession of China, in Geneva, Switz., (Sep. 21, 2001). For a more complete historical development, see Leïla Choukroune, L'État de droit par l'internationalisation, objectif des réformes?, 69 Perspectives chinoises and China Perspectives 4, 4–6, 7–21, 78–80 (2002).Google Scholar

³⁴ See Lardy, Nicholas, Integrating China into the Global Economy (2002); see also Li, Yuwen, Fade-Away of Socialist Planned Economy: China's Participation in the WTO, in International Economic Law with a Human Face 453 (Frield Weiss, Erik Denters & Paul de Waart eds., 1998); and, above all, the very complete study by the OECD, which currently provides the best assessment of the internal economic consequences of China's accession to the WTO: Organization for Economic Co-Operation and Development, China in the World Economy: the Domestic Policy Challenges (2002). See also (but with a critical eye) Organization for Economic Co-Operation and Development, Economic Surveys: China (2005). Foreign Direct Investments (FDI) in China reached the record sum of USD 60.6 billion in 2004, 53.5 billion in 2003, and 52.7 billion in 2002. China thus moved ahead of the United States, receiving the highest amount of FDI in the world.Google Scholar

³⁵ China launched its policy of rapprochement with the GATT in November 1982 by sending a delegation to participate as observers in the thirty-eighth conference of contracting parties, insisting that it was one of the original parties to the Agreement. In November 1984, China had to obtain authorization to sit in as an observer on the GATT Council and in the conferences of its subsidiary bodies. In April 1985, it became a member of the advisory committee on developing countries.Google Scholar

³⁶ General Agreement on Tariffs and Trade, Communication from the People's Republic of China L/6017, (Jul. 14, 1986).Google Scholar

³⁷ Id. Google Scholar

³⁸ See Yang Guohua and Cheng Jin, The Process of China's Accession to the WTO, 4 n° 2 J. of Int'l Econ. L. 297 (2001). Yang Guohua is deputy director of the treaty division of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC). After reorganizations related to China's accession to the WTO, the MOFTEC is now the Ministry of Commerce of the People's Republic of China (MOFCOM). It comprises twenty-five departments, one of which is devoted to “WTO Affairs.” See http://english.mofcom.gov.cn (last accessed: 24 April 2012). The MOFCOM site has been greatly improved and includes more and more useful information. Beyond this undeniable formal improvement, however, the site is not very readable due to the frequently incoherent and biased choice of information.Google Scholar

³⁹ See Proposal of the People's Republic of China on the Negotiation on Anti-Dumping TN/RL/W66, World Trade Organization (Mar. 6, 2003).Google Scholar

⁴⁰ For a synthesis, see Qin, Julia Ya, China, India and WTO Law, in China, India and the International Economic Order 167 (Muthucumaraswamy Sorbarajah & Jiangyu Wang eds., 2010); see also Leïla Choukroune, China's participation to the WTO, a Case-Law Approach, China Perspectives (forthcoming).Google Scholar

⁴¹ See Member Information: China and the WTO, World Trade Organization (Feb 28, 2012), available at: http://www.wto.org/english/thewto_e/countries_e/china_e.htm (last accessed: 24 April 2012).Google Scholar

⁴² See e.g., Qin, Julia Ya, Pushing the Limit of Global Governance: Trading Rights, Censorship and WTO Jurisprudence – A Commentary on China-Audiovisual Services (Wayne State University Law School, Research Paper No. 10–13), available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1713886 (last accessed: 24 April 2012).Google Scholar

⁴³ Protocols of accession for the People's Republic of China WT/L/432, World Trade Organization (Nov. 10, 2001), available at: http://www.wto.org/english/thewto_e/acc_e/protocols_acc_membership_e.htm (last accessed: 24 April 2012); see also Report of The Working Party on the Accession of China WT/MIN(01)/3, World Trade Organization (Nov. 10, 2001), available at: http://www.wto.org/english/thewto_e/acc_e/protocols_acc_membership_e.htm (last accessed: 24 April 2012).Google Scholar

⁴⁴ See Choukroune, Leïla China's accession to the WTO: a turning point?, 69 Perspectives chinoises et China Perspectives (2002); see also Leïla Choukroune, China's Accession to the WTO and Legal Reform: Towards the Rule of Law via Internationalization Without Democracy?, in China, Democracy, and Law: A Historical and Contemporary Approach, (Mireille Delmas-Marty & Pierre-Etienne Will eds., 2011). Randall Peerenboom uses the expression “thin rule of law” in Randal Peerenboom, China's Long March Toward Rule of Law (2002).Google Scholar

⁴⁵ See e.g., U.S. Trade Rep., 2010 Report to Congress on China's WTO Compliance (2010).Google Scholar

⁴⁶ For a very insightful comparison between India and China, see Sonarajah, Muthucumaraswamy, India, China and Foreign Investment, in China, India and the International Economic Order 136 (Muthucumaraswamy Sorbarajah & Jiangyu Wang eds., 2010).Google Scholar

⁴⁷ For a well-informed synthesis, see Broadman, Harry G., Africa's Silk Road, China and India's New Economic Frontier (2006).Google Scholar

⁴⁸ Id. However, these figures would need to be updated, as China's presence in Africa is now bigger and deeper, taking on a variety of forms.Google Scholar

⁴⁹ For a general overview, see Stanley B. Lubman and Leïla Choukroune, La réforme juridique chinoise, 302 Esprit 122 (2004).Google Scholar

⁵⁰ Bonnin, Michel, Les métamorphoses du totalitarisme, 117 Le Débat 11 (2001).Google Scholar

⁵¹ This phrase (yanzhe Zhongguo tese shehuizhuyi daolu) replaced “socialism with Chinese characteristics” in the preamble to the Constitution as amended in 2004: Zhonghua Renmin Gongheguo Xianfa (中华人民共和国宪法) [Constitution] Mar. 14, 2004 (China).Google Scholar

⁵² Georges Scelle, Précis du droit des gens (1934).Google Scholar