《中國促進(jìn)國際法治報(bào)告》旨在系統(tǒng)梳理近年來國際法治的新發(fā)展,著重闡述中國在國際法治的各個(gè)重要領(lǐng)域所表明的理念、堅(jiān)持的原則與立場和采取的具體行動,系統(tǒng)展示了中國對促進(jìn)國際法治做出的重要貢獻(xiàn)。本書由兩部分構(gòu)成,第一部分為中國與國家間關(guān)系法治,中國與國際經(jīng)濟(jì)關(guān)系法治,中國與國際民商事法治,以及中國國際法理論與實(shí)踐的國際傳播;第二部分集中深入梳理2016年中國在國際法某些特定領(lǐng)域的理論創(chuàng)新、制度構(gòu)建和最新實(shí)踐。
Preface
Since the 4th Plenary Session of the 18th Central Committee of Communist Party of China (CPC), China has entered into a new era of “promoting law-based governance of the country in an all-around way”. The year of 2016 marks the 45th anniversary of China’s restoration of the lawful seat in the UN. As a staunch defender and builder of the international rule of law, China always defends the basic principles and purposes of the United Nations Charter and champions the Five Principles of Peaceful Coexistence. In recent years, XI Jinping, the President of the People’s Republic of China, emphasized on many international occasions the importance of “building a new type of international relations featured by win-win cooperation”, “creating a community of shared future for mankind” and “fostering the correct viewpoint of righteousness and benefit”, which raised new goals and values for promoting the international rule of law.
Meanwhile, on furthering the construction of the “Belt and Road” Initiative (“the Initiative”), XI Jinping emphasized that it should be acted according to the principle of “wide consultation, joint contribution, and shared benefit”. Therefore, how to advance the international legal cooperation and establish a law-guaranteed system for the Initiative within the regime of the international rule of law now becomes an essential task for China’s involving in the construction of the international rule of law and propelling the positive interactive developments between domestic law and international law.
The bilingual (Chinese/English) publication of the Annual Report on China’s Practice in Promoting the International Rule of Law (“the Report”) is aimed at elaborating the ideas that China advocates, the principles and positions that China maintains, and the actions that China has taken in speci.c areas of the international rule of law, and above all illustrating the significant contributions that China has made to promote the international rule of law in an all-around way. Besides, the Report will also increase the transparency of China’s practice in promoting the international rule of law and encourage the international society to view China’s participation and contributions in a more objective way, which would eventually increase China’s voice and in.uence within the international arena and during the process of advancing the international rule of law.
Since 2014, the Institute of the International Law of Wuhan University (“the Institute”) has united all colleagues to edit, publish and distribute the Report. At the beginning of 2016, the Institute decided to list the Report as one of the Major Achievements of the National Top Think-Tank. Besides, the Institute also plans to broaden and deepen the research areas based on previous versions of 2015 and 2016 with some new challenging topics sprout in the .eld of the international rule of law.
From the perspective of China’s practice, the Report (2016) extends to almost every issue on the rule of law connected with global governance. It consists of two parts—practice summaries and reports on special topics.
The first part summarizes the practice of China in specific areas of promoting the international rule of law. It discusses the following issues: (1) the Rule of Law and Relations among States, which demonstrates China’s practice in promoting the international rule of law in environmental protection, international development, air and outer space, cyber space, international human rights, international humanitarian law, international criminal law and other .elds; (2) the Rule of Law and International Economic Relations, which exhibits China’s practice in promoting international trade law and international taxation law; (3) the Rule of Law and International Civil and Commercial Affairs, which includes China’s practice in promoting the applicable law, the foreign-related civil procedure, international legal assistance in civil and commercial matters, and food security; (4) Overseas Dissemination of China’s Position and Practice in International Law, which mainly introduces the contributions made by the Chinese academic circle in terms of promoting the international rule of law.
The second part focuses on the special themes of China’s practice in promoting the international rule of law, which systematically concludes China’s theoretical innovation, institutional construction and some latest practice within some speci.c areas in 2016. It includes the following chapters: “China and Community of Shared Future for Mankind”, “The ‘Belt and Road’ Initiative and Enhancing International Credibility of Chinese Judiciary”, “Issues Relating to the Historic Rights in the South China Sea Arbitration”, “Towards a Great Power of International Law in Cyberspace”, “Study on the Expiration of Paragraph 15(a)(ii) of China’s Accession Protocol” and “International Law and Practice Concerning Anti-Corruption and Pursuing Fugitives and Illegal Assets”.
The Report (2016) is collectively written by the researchers of the Institute, including Professor QIN Tianbao, the Director of the Wuhan University Research Institute of Environmental Law. Compiling this report is an attempt without any prior experience to refer to, so unavoidably, omissions and deficiencies still exist both in structure and in content. We welcome comments from authorities and academic peers to help us further improve the next edition. Finally, we gratefully acknowledge the Social Sciences Academy Press (China) for publishing the Report in both English and Chinese.
XIAO Yongping
FENG Jiehan
June 2017
肖永平,男,漢族,湖北麻城人,1966年2月28日出生,武漢大學(xué)教授,法學(xué)院院長。曾獲湖北省首屆社會科學(xué)很好成果獎,霍英東基金會高校青年教師獎,“中國法治之路”青年法律論文很好獎,首屆珞珈青年赤子獎等11項(xiàng)獎勵,著有《中國沖突法立法問題研究》、《中國仲裁法教程》和《沖突法專論》等12部著作,在《》、《美國比較法雜志》等靠前靠前刊物上發(fā)表論文70余篇。