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7 - China’s Treaty Practices

Politicization of Law or Legalization of Politics?

from Part III - Selected Areas of Chinese State Practice

Published online by Cambridge University Press:  04 January 2024

Ignacio de la Rasilla
Affiliation:
Wuhan University
Congyan Cai
Affiliation:
Fudan University, Shanghai
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Summary

China has become an active treaty-maker by entering into a large number of bilateral, trilateral and multilateral treaties. More recently, China has been actively engaged in some high-profile negotiations with the EU, the United States and ASEAN, with the aim of expanding its economic network. However, China’s treaty behaviours have come under scrutiny. This chapter aims to conceptualize China’s treaty behaviours through some case studies, including the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, China’s signing of the International Convention on Civil and Political Rights and the UN Convention of State Immunity and International Legal Order. These case studies indicate China’s paradox in treaty-making. While it attempts to legalize its political will through treaty-making, its enforcement of these treaties may be subject to a politicalized endeavour.

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Publisher: Cambridge University Press
Print publication year: 2024

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