Opinions
2023.09.30 19:48 GMT+8

International law for the global community of shared future

Updated 2023.09.30 19:48 GMT+8
Alexandr Svetlicinii

China's State Council Information Office released a white paper titled "A Global Community of Shared Future: China's Proposals and Actions" in Beijing, China, September 26, 2023. /CFP

Editor's note: Alexandr Svetlicinii, a special commentator on current affairs for CGTN,is Associate Professor of Global Legal Studies at the University of Macau, where he also serves as program coordinator for the Master of Law in International Business Law. The article reflects the author's opinions, and not necessarily the views of CGTN.

On September 26, 2023, the State Council Information Office published an elaborated white paper entitled "A Global Community of Shared Future (GCSF): China's Proposals and Actions." The concept was first mentioned by Chinese President Xi Jinping in 2013, when addressing the audience at the Moscow State Institute of International Relations.

In 2018, the GCSF concept was included in the preamble of the People's Republic of China's Constitution. This preamble now declares among others that "The achievements of China's revolution, development and reform would have been impossible without the support of the world's people. The future of China is closely bound up with the future of the world." The inclusion of the GCSF concept in the country's foundational legal document not only underscores the importance of this concept but also the leadership and responsibility that China is willing to assume in global affairs. The State Council's white paper further elaborates the guiding principles of the GCSF and demonstrates how China's GCSF proposal is grounded in international law.

The GCSF white paper builds on the existing international law regimes, while at the same time offering new ideas and directions for their reform. Highlighting the fact that the world is currently facing multiple governance crises, the white paper calls for resolving emerging global problems through international cooperation. This cooperation should be based on the UN Charter, which in Article 2 affirms the principles of territorial integrity, sovereign equality, and non-interference in internal affairs.

A press conference on the white paper titled "A Global Community of Shared Future: China's Proposals and Actions" is held by the State Council Information Office in Beijing, capital of China, September 26, 2023. /Xinhua

In line with these principles, China's GCSF vision rejects the pursuit of global hegemony by individual countries through the containment of "rising powers." It equally rejects the "universal values" defined by a handful of countries and lacking "universal acceptance" by others. Instead, the GCSF promotes consensus-based cooperation among sovereign states in line with the aforementioned principles contained in the UN Charter and affirmed in the Five Principles of Peaceful Coexistence proposed at the Bandung Conference in 1955.

Reflecting the growing discontent of many states with the current state of compliance with international law, the GCSF white paper emphasizes the need to strive for equity and justice in international affairs. These objectives, likewise, could be achieved by safeguarding the international order based on international law, upholding the authority of the international rule of law, and ensuring equal and unified application of international law.

China has continuously opposed unilateral economic sanctions, which frequently contravene existing rules of international trade. Unfortunately, due to the blocking of the appointment process, the World Trade Organization's (WTO) dispute settlement mechanism remains dysfunctional and cannot resolve ongoing trade disputes, frequently caused by protectionist trade restrictions veiled as security-related measures. On September 27, at the group study session of the Political Bureau of the CPC Central Committee, President Xi once again called for the restoration of the normal operation of the WTO dispute settlement mechanism.

The realization of the GCSF vision will require extensive cooperation and consensus-building in international relations. China has demonstrated its support for consensus decision-making as exemplified in its work with BRICS. BRICS has accepted several new member countries to join in 2024, which conveys the attractiveness of this cooperation mode, especially for developing countries. The New Development Bank established by the BRICS in 2014 is also based on the equality of members in the decision-making process, which presents an alternative to other development organizations dominated by the large donor countries.

The GCSF is an ambitious vision that merits attention of the global community of nations. The commonly shared objectives of this vision would need to be embedded in international law instruments to ensure compliance and effective implementation. As a result, it could serve as a much-needed impetus to trigger the long-expected reforms in the existing international law structures that should better reflect the diversity of states and their shared interest in peaceful development.

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