Editor's note: Zhu Zheng, a special commentator for CGTN, is an assistant professor specializing in constitutional law and politics at the China University of Political Science and Law. The article reflects the author's opinions and not necessarily the views of CGTN. 

The National People's Congress Standing Committee (NPCSC) recently approved a Foreign Relations Law, which will come into effect on July 1, 2023.

According to Wang Yi, a member of the Political Bureau of the Communist Party of China Central Committee and Director of the Office of the Foreign Affairs Commission of the Communist Party of China (CPC) Central Committee, the law aims to combat hegemonism, power politics, unilateralism, and protectionism. It also includes measures and legal provisions to counter foreign interference, sanctions, and sabotage against China. The Foreign Relations Law serves a multifaceted role, acting as a preventive, warning, and deterrent mechanism while also providing a legal foundation for China to assert its legitimate rights on the global stage.

Although Western observers perceive this law as a display of the Party's assertiveness and an escalation of Beijing's confrontation with Washington, it is, in fact, a legal tool intended to fulfill China's commitment to promoting "high-level opening-up" of its economy, facilitating foreign trade, and ensuring legal protection for foreign investments. Notably, given concerns over strained relations with the U.S., this new statute pushes back against efforts by the U.S. to contain China and mitigate risks by reducing reliance on Chinese supply chains in certain sectors.

Economically, the Foreign Relations Law is anticipated to aid Beijing in navigating sanctions and deterring future provocations. However, as comprehensive legislation, it also serves political and legal objectives beyond its economic implications.

In the realm of politics, the new law serves as a comprehensive framework governing China's conduct of foreign relations in all aspects. This new legislation signifies China's endeavor to legalize diplomatic practices and foreign relations. As noted by Professor Wang Jiangyu of the City University of Hong Kong, the creation of such a statute reflects the nation's commitment to reinforcing national security.

In recent years, China has made notable efforts to strengthen foreign affairs legislation and employ the rule of law to engage in international struggles, particularly in countering external challenges. With the implementation of this law, China's legal "toolbox" for addressing international challenges will be further fortified.

The significance of the new law lies primarily in its legal ramifications. On the one hand, it surpasses other relevant legislation in terms of breadth and comprehensiveness. For instance, while the Anti-Sanctions Law focuses solely on sanctions and the legal provisions for retaliatory measures such as visa denials and asset freezes of foreigners, the Foreign Relations Law encompasses a wide array of issues, including anti-sanctions measures, anti-interference measures, and addressing issues related to extraterritorial jurisdiction.

On the other hand, the law explicitly establishes the relationship between international law and China's current Constitution, which serves as the supreme law of the country.

Article 30 of the Foreign Relations Law stipulates that treaties and agreements entered into by the state must not conflict with the Constitution. This assertion underscores that the Chinese Constitution holds superior authority over international law, making it impossible for international law to supersede or override the Constitution. This stands in contrast to the approach adopted by many European countries, where international law, particularly European Union Law, takes precedence over domestic law. The explicit clarification offered by the NPCSC in this law is unprecedented.

Undoubtedly, the new law realizes China's long-discussed objective of establishing a comprehensive framework that integrates political, economic and diplomatic measures to safeguard the nation's interests abroad. There are valid reasons to believe that this legislation will contribute to China's pursuit of this goal.

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