Abstract
This chapter intends to perceive China’s Belt and Road Initiative through the prism of the interaction of cities with international law. It argues that the explorative path of constructing a great power of international law would benefit from a firm commitment to promoting the development of the urban dimension of international law and, in this sense, the Belt and Road Initiative provides China with an innate platform opportunity to enhance its competitiveness in the politics of international law.
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- 1.
Document available at: https://ustr.gov/sites/default/files/files/agreements/phase%20one%20agreement/Economic_And_Trade_Agreement_Between_The_United_States_And_China_Text.pdf (accessed on 21 January 2020).
- 2.
In Trump’s first National Security Strategy report, both China and Russia were explicitly categorised as the ‘revisionist powers’ who intend to ‘shape a world antithetical to U.S. values and interests’. Document available at: https://www.whitehouse.gov/wp-content/uploads/2017/12/NSS-Final-12-18-2017-0905.pdf (accessed on 21 January 2020).
- 3.
In addition, as Roberts and her co-authors (2019: 671) describe, ‘[h]aving underwritten the creation of almost all major international institutions since the end of the Second World War, the USA is used to (disproportionately) setting the rules of international games’.
- 4.
- 5.
Although the renaissance of cities in the international fora as an architect of the world order in recent decades is remarkable, it does not necessarily represent the failure of the state. Cities’ involvement in this regard is also argued as a part of an emerging form of global order (see Curtis 2016a). This chapter, rather than amplifying the abovementioned distinction, loosely attributes the rising of cities in global governance to the deficiency of nation-states (or the failure of the state).
- 6.
The notion of ‘great power of international law’ is borrowed from Zhipeng He’s journal article 走向国际法的强国 [Toward a Great Power of International Law] (2015), which is interchangeably used with ‘international law powerhouse’ in this chapter. Four components are identified essential for claiming a great power status in international law, namely international legal theory, practice, talents and education, although a clear-cut definition is not provided. Besides, as to great powers and international law, generally see Bower (2017), Cai (2013), Simpson (2004).
- 7.
It is worth noting that the overall strategy of international law has been fundamentally adapted since President Xi came to power in later 2012, the representative of which refers to the adoption of the ‘Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law’ (《中共中央关于全面推进依法治国若干重大问题的决定》) in 2014, explicitly articulating that China will ‘actively take part in international rule-making, promote the rule of law in dealing with foreign economic and social affairs, enhance China’s discursive power and influence in international legal affairs, protect sovereignty, security, and development by legal measures’. It is commented by Congyan Cai (2016: 87) that ‘this is a major international legal policy announced by China, which indicates that China’s international law practice will enter a brand new historical stage’. As to the relationship between this Decision and China’s international law, see also Gu (2017).
- 8.
This initiative is officially launched by the publication of the ‘Vision and Actions on Jointly Building Silk Road Economic Belt and 21st Century Maritime Silk Road’ in March 2015. The document is available at: http://english.www.gov.cn/archive/publications/2017/06/20/content_281475691873460.htm (accessed on 27 January 2020).
- 9.
For instance, as Yitzhak Shichor reflects, ‘[i]n my study of China over fifty years, I have never seen such enthusiastic welcome to any Chinese policy or idea as the Belt and Road Initiative (BRI). Within a short period of time, the ‘New Silk Road’ vision (as it has also been called) was picked up by the Chinese and international media and discussed in scores of conferences all over the world. Even more significant and of longer value, BRI research institutes and centres have been set up in many universities. Although this initiative was launched only in late 2013, hundreds of articles and dozens of books have already been published on this topic’ (Shichor 2018: 40).
- 10.
The legal challenges to BRI, according to for instance Anh and Ha’s (2020) summary, revolve around the divergence between China’s BRI practices and the four branches of the international law, namely the current international legal framework on human rights, the development of international environmental law, the applicability of current dispute settlement mechanisms (for BRI projects), the issue of transparency of the BRI, see also Wang (2017).
- 11.
Although China has participated increasingly in the practices of international law since the Reform and Opening-up, the scope, enthusiasm and effectiveness of its participation have been limited due to the long-term prevalence of the basic principle of China’s foreign strategy, namely ‘keep a low profile, and do something (韬光养晦,有所作为)’ (see Cai 2016: 84).
- 12.
Given that BRI is ‘holistic exercise’, i.e. ‘China promotes the BRI through all possible means and coordinated efforts’, Heng Wang (2019) suggests a functional approach to delineate the scope of BRI through which ‘various measures that serve the purposes of BRI’ are taken into consideration in this regard. In detail, in addition to the Joint Communique of Leaders Roundtable of the Belt and Road Forum for International Cooperation (BRF Joint Communique) and the Belt and Road Forum (BRF) itself, which are argued as the ‘rudimentary BRI charter’ and the only comprehensive BRI institution, respectively, he divides the measures of BRI in question into the external and internal measures. While the former involves seeking ‘recognition, legitimacy, or development of the BRI through engagement with international organisations’, the latter mainly encompasses the establishment and operation of the China International Commercial Court (CICC) and various Free Trade Zones (FTZs).
- 13.
Although this dichotomy has prevailed for years, it does not necessarily mean there is uncontested consensus on the categorisation in question. For instance, Sandesh Sivakumaran (2017) argues that in addition to state and non-state actors, there is a third category of actors, i.e. state empowered entities, such as the International Law Commission, the UN Human Rights Committee, lying between state and non-state actors.
- 14.
The shortcomings of the global climate change governance are arguably associated with its universal, state-centric model (see Hoffmann 2008: 141–142).
- 15.
In addition, the signatory cities have also pledged to urge their state government, as well as the federal government, to meet or beat the greenhouse gas emission reduction target on the one hand and to urge the US Congress to pass legislation in this regard. As of November 2019, 1066 majors have signed this non-binding agreement. See https://www.usmayors.org/mayors-climate-protection-center/ (accessed on 28 January 2020).
- 16.
See http://climatemayors.org/actions/paris-climate-agreement/ (accessed on 28 January 2020).
- 17.
UN General Assembly, Responsibility of States for internationally wrongful acts: Resolution adopted by the General Assembly, 28 January 2002, A/RES/56/83, available at: https://www.refworld.org/docid/3da44ad10.html (accessed on 23 January 2020).
- 18.
The concept of global city was coined by the Dutch-American sociologist Saskia Sassen in her seminal work The Global City: New York, London, Tokyo (Princeton: Princeton University Press, 1991), upon which her prominent status in this areas is based.
- 19.
In addition to the topics concerning Hong Kong, Macao and especially Taiwan, the interdisciplinary field of cities and international law itself has been paid little (or even zero real) attention by Chinese international lawyers. See a quasi-exception in Zhang (2009).
- 20.
See https://www.c40.org/press_releases/chinese-cities-commit-to-the-paris-agreement (accessed on 29 January 2020).
- 21.
Ibid.
- 22.
For instance, the preamble of the ‘13th Five-Year Climate Action Plan of Beijing’ (《北京市“十三五”期间应对气候变化规划》), which was issued by the municipal government of Beijing in 2016, explicitly declares that this Plan is based on, to name but few, the ‘Recommendations for the 13th Five-Year Plan for Economic and Social Development’ (《中共中央关于制定国民经济和社会发展第十三个五年规划的建议》), ‘Outline of the 13th Five-Year Plan for the National Economic and Social Development of the People’s Republic of China’ (《中华人民共和国国民经济和社会发展第十三个五年规划纲要》), ‘National Plan on Climate Change (2014–2020)’ (《国际应对气候变化规划(2014-2020)》), ‘National Plan on Adaptation to Climate Change’ (《国家适应气候变化战略), ‘Urban Action Plan for Adaptation to Climate Change’ (《城市适应气候变化行动方案》). Document available at: http://www.beijing.gov.cn/zfxxgk/110001/szfwj/2016-08/07/content_c7607556c0e74fe58c1c85a5d25183b6.shtml (accessed on 29 January 2020).
- 23.
Data source available at: https://www.yidaiyilu.gov.cn/gbjg/gbgk/77073.htm (accessed on 29 January 2020).
- 24.
See https://en.unesco.org/silkroad/silk-road-themes/cities-alongside-silk-roads (accessed on 29 January 2020).
- 25.
See http://fgw.sxxz.gov.cn/bmdt/201905/t20190509_2935428.html (accessed on 29 January 2020).
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Jiang, S. (2020). Marching to an International Law Powerhouse Through Cities: An Ideational Reflection on China’s ‘Belt and Road’ Initiative. In: Martinico, G., WU, X. (eds) A Legal Analysis of the Belt and Road Initiative. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-46000-6_12
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DOI: https://doi.org/10.1007/978-3-030-46000-6_12
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