Wong on 涉外法治 (Foreign-related Rule of/by Law)
Wong on 涉外法治 (Foreign-related Rule of/by Law)
Select topics on the Foreign-related Rule of/by Law 涉外法治 ideology in PR China.
A selection of source material from my ongoing research into China's 'Foreign-related Rule of Law'.
Work-in-progress
[A] What is FrROL?
Chao Wang and Taixia Shen, 'Adaptation of International Law in the Chinese Constitution and Legal System: New Developments' (2022) 21 Chinese Journal of International Law 287.
Jingxia Shi and Fenghua Li, 'Aligning the BRI with Sustainable Development: A Regulatory Framework and Its Implementation' (2023) 57(6) Journal of World Trade 933 <https://kluwerlawonline.com/journalarticle/Journal+of+World+Trade/57.8/TRAD2023039>.
Moritz Rudolf, 'Politburo Whisperer on Advancing “Foreign-Related Rule of Law”' (Blog, NPC Observer, 18 December 2023) <https://npcobserver.com/2023/12/china-politburo-foreign-related-rule-of-law/>, archived at <https://perma.cc/3LGX-U25D>, <https://archive.is/CuYl8>.
Matthew S Erie, 'Foreign Policy Implications for China's “Foreign-Related Rule of Law"' (2023) 67(4) Orbis 565-78 <https://www.sciencedirect.com/science/article/abs/pii/S0030438723000406?via%3Dihub>.
Matthew S Erie, 'Legal Systems Inside Out: American Legal Exceptionalism and China's Dream of Legal Cosmpolitanism' (2023) 44 University of Pennsylvania Journal of International Law 731, 732-3, 736, 742, 777-9, 794-801.
Matthew S Erie, 'The Soft Power of Chinese Law' (2023) 61(1) Columbia Journal of Transnational Law 1-66, 19 ("The FROL is a discursive frame (much like the BRI or "harmonious society") under which different actors promote various goals, most of which closely hew to the aims set out by the Party-State. Announced in 2020 by Xi Jinping, the FROL is a field of law that governs the intersection of China's domestic law with foreign law and international law; the FROL does so through an understanding of "rule of law" (fazhi >>a) that is specific to China, namely, a legal order that is led by the CCP. Rather than simply externalizing China's version of "rule of law," FROL calls for building systems that integrate Chinese law and foreign and international law and then promoting China's interests through such systems. 70 Under the FROL, China's legal and judicial organs are tasked with creating such systems in partnership with stakeholders outside of China, through its various bilateral and multilateral relationships, some of which have been formalized as ... ").
Wenliang Zhang and Guangjian Tu, 'Navigating the New Era: the emergence of China’s international commercial courts' (2024) 32(1) Asia Pacific Law Review 41.
Susan Finder, 'How China’s Supreme People’s Court Supports the Development of Foreign-Related Rule of Law' (2023) 8 China Law and Society Review 62-118.
Matthew Johnson, 'Beijing’s Supervision Law Overhaul: Proposed Amendments Push Extraterritorial Anti-Corruption Enforcement' (Jamestown Foundation, 25 September 2024) <https://jamestown.org/program/beijings-supervision-law-overhaul-proposed-amendments-push-extraterritorial-anti-corruption-enforcement/> archived at <https://archive.is/4MrP9>.
[B] XJP Doctrine
Holly Snape, 'The Rise of Party Law: Rewiring the Party, Recalibrating the Party-State Relationship' (2024) 92 The China Journal 1 <https://www.journals.uchicago.edu/doi/abs/10.1086/730530>.
[Participation across Party Bureaucracy] Yoel Kornreich, 'Going Local: Policy Intellectuals’ Adaptive Strategies under Xi Jinping' (2024) Modern China (advance) <https://journals.sagepub.com/doi/10.1177/00977004241259079>.
'China’s Shaanxi launches international legal affairs office for belt and road' (SCMP, 16 August 2024) <https://www.scmp.com/news/china/politics/article/3274641/chinas-shaanxi-launches-international-legal-affairs-office-belt-and-road>, archived at <https://perma.cc/B29W-BXSY>. "The report said that “foreign-related rule of law” is crucial to the “broader context of China’s opening up and diplomatic work”. Foreign-related rule of law refers to an initiative launched in 2020 aimed at connecting Chinese law with foreign and international law as Beijing’s global ambitions grow and competition with the West intensifies."
Sylvie Zhuang, 'Can China’s international courts meet the challenge of the country’s global ambitions?' (SCMP, 29 December 2023) <https://www.scmp.com/news/china/article/3246675/can-chinas-international-courts-meet-challenge-countrys-global-ambitions?module=inline&pgtype=article>, archived at <https://archive.md/WWfFU>.
[C] Select Chinese Source Documents
'China’s Law-Based Cyberspace Governance in the New Era' (State Council Information Office of the PRC, March 2023) <https://english.www.gov.cn/atts/stream/files/64895148c6d0c788098ffeea>, archived at <https://perma.cc/T9U4-6Q36>.
Office of the Leading Group for the Belt and Road Initiative, Building the Belt and Road: Concept, Practice and China's Contribution (Foreign Languages Press, 2017) <https://www.tralac.org/images/docs/11613/building-the-belt-and-road-concept-practice-and-chinas-contribution-may-2017.pdf>.
人民司法 (People's Judicature) <https://rmsf.chinacourt.org/article/detail/2022/09/id/6925282.shtml>.
'努力开创外交战线涉外法治工作新局面' (MFA, 12 August 2024) <https://www.fmprc.gov.cn/wjbxw_new/202408/t20240812_11469485.shtml>, archived at <https://perma.cc/7G5C-K5UF>.
Annual Report on the Rule of Law in China (2023) (China Law Society, 2024) <http://www.hljsfxh.com/system/202410/113587.html>, archived at <https://archive.is/MLfRh>.
[D] Misc
18th Annual Conference of the European China Law Studies Association (Webpage) <https://webapp3.law.cuhk.edu.hk/conf/20240919/programme/>, (PDF) <https://webapp3.law.cuhk.edu.hk/conf/20240919/wp-content/uploads/sites/60/2024/09/Conference-Programme-2024.09.21.pdf> archived at (PDF) <https://perma.cc/ZSX6-2HC8>.
Speakers: <https://webapp3.law.cuhk.edu.hk/conf/20240919/speakers/>, archived at <https://archive.is/EMnss>.
Susan Finder, Guide to finding SPC Materials (Supreme People's Court Monitor):
Journals of the SPC: <https://supremepeoplescourtmonitor.com/2024/10/16/guide-to-finding-supreme-peoples-court-materials-journals-of-the-supreme-peoples-court/>, archived at <https://archive.is/Rp3ST>.
Selected Journals of SPC Divisions (1): <https://supremepeoplescourtmonitor.com/2024/07/01/guide-to-finding-supreme-peoples-court-materials-selected-journals-of-spc-divisions-1/>, archived at <https://archive.md/ClPn6>.
"Understanding & Application" Publications: <https://supremepeoplescourtmonitor.com/2024/08/11/guide-to-supreme-peoples-court-materials-2-understanding-application-publications/>, archived at <https://archive.is/obL6n>.
"precedents": <https://supremepeoplescourtmonitor.com/2017/03/08/how-the-supreme-peoples-court-uses-case-law-other-sources-when-it-guides-the-lower-courts/>, archived at <https://archive.md/rseV5>.
Australia-China Studies - Funding: 'China Studies Community in Australia appeals to ARC' (Letter to ARC): <https://www.sydney.edu.au/content/dam/corporate/documents/china-studies-centre/letter-to-arc-on-review-of-ncgp-10-may-2024.pdf>, archived at <https://perma.cc/U92Q-MT46>.
'Editorial | Common law use no barrier to providing services over Hong Kong’s border' (South China Morning Post, 18 December 2024) <https://www.scmp.com/opinion/article/3291268/common-law-use-no-barrier-providing-services-over-hong-kongs-border>, archived at <https://archive.is/hwpYo>: "... The role of foreign lawyers or those in “foreign-related” fields will be integral to the city’s drive to act as China’s “superconnector” to the rest of the world."
[E] Xinhua Institute Reports
'Deepening Reform Comprehensively to Advance Chinese Modernization: Major Achievements and Global Contributions' (Xinhua Institute, 2024) <https://f3.xhinst.net/group1/M00/00/9F/CgoMm2ax1j-EaOdRAAAAAGihuwY864.pdf>, archived at <https://perma.cc/Y2FC-9XLR>.
'Jointly Promoting High-Quality Development and Building an Asia-Pacific Community with a Shared Future' (Xinhua Institute, 2024) <https://f2.xhinst.net/group1/M00/00/A5/CgoMnGct5k-EP-liAAAAAIXikvo963.pdf>, archived at <https://perma.cc/LZX4-QSHS>.
'A New Model for Human Advancement and Its Global Significance' (Xinhua Institute, 2024) <https://f1.xhinst.net/group1/M00/00/A5/CgoMm2crLLqEc2tDAAAAAHCyKpQ928.pdf>, archived at <https://perma.cc/38AT-A5N3>.
'Chinese Modernization: The Way Forward' (Institute of Party History and Literature of the Central Committee of the Communist Party of China (CPC) and Xinhua Institute, 2024) <https://english.news.cn/20240504/ae50c03d5f544ae8a651f146c08e5be9/20240504ae50c03d5f544ae8a651f146c08e5be9_332fa818c707734567b4c3c4f2ad406eb0.pdf>, archived at <https://perma.cc/6JV8-EGSJ> -- see also, <https://xinhuareview.substack.com/p/our-report-highlights-chinas-approach?r=3jqack&utm_campaign=post&utm_medium=web&triedRedirect=true>.
'The Road to Becoming a Sports Powerhouse - The Value and Inspiration of Xi Jinping's Important Discourses on Sports' (Xinhua Institute, 2024) <https://f1.xhinst.net/group1/M00/00/9F/CgoMm2bMXkSEevsyAAAAALhpWhg198.pdf>, archived at <https://perma.cc/R8HK-QLAP>.
'On the Synergization of Civilizations -- A Chinese Perspective' (Xinhua Institute, 2024) <https://xinhuareview.substack.com/p/report-launch-on-the-synergization>.
> '用文明交融论破解“文明冲突论”' [Using the theory of civilisation integration to solve the "theory of clash of civilisations"] (Xinhua News Agency, 10 October 2024) <http://jjckb.xinhuanet.com/20241010/a4ebb194b11443168b62964b4d241975/c.html>, archived at <>.
> Full text (Chinese), <http://www.news.cn/world/20241009/ac2e121c3d3d4e428f72660c1fa508ad/c.html>, archived at <https://archive.is/UBY8T>.
'Toward a More Beautiful China and Cleaner World: Understanding Xi Jinping Thought on Ecological Civilization - Xi Jinping Thought on Ecological Civilization in Chinese Practice and Its Contribution to the World' (Xinhua Institute, 2024) <https://f1.xhinst.net/group2/M00/00/A7/CgoMnWdEveGEAFKPAAAAACB5YmM310.pdf>, archived at <https://perma.cc/XK6K-ZRS4>.
'"Eight Major Steps" Heralds Promising New Decade of Belt and Road Cooperation' (Xinhua Institute, 2024) <https://f2.xhinst.net/group1/M00/00/A5/CgoMnGcL4ruEG12sAAAAAHFSmMc830.pdf>, archived at <https://perma.cc/37T4-NYZT>.
'China Travel -Inviting the World to Experience a Real China' (Xinhua Institute, 2024) <https://f1.xhinst.net/group1/M00/00/A7/CgoMm2dOn92Ef-N6AAAAAAipuS8629.pdf>, archived at <https://perma.cc/W38Q-JM4G>.
[F] Australian and Western Responses
Jude Blanchett, 'Is Xi Jinping a Marxist?' (The Wire China, 17 October 2024) <https://www.thewirechina.com/2024/10/17/is-xi-jinping-a-marxist/>, archived at <https://archive.is/geR6a>.
'Book Event - "On Xi Jinping" with Ambassador Kevin Rudd' (Centre for Strategic & International Studies, 21 October 2024) <https://www.csis.org/events/book-event-xi-jinping-ambassador-kevin-rudd>, archived at <https://archive.is/UNpu1>, <https://archive.is/VOtsB>. Youtube: <https://www.youtube.com/watch?v=M7JxN_w153w>. Transcript here.
Adriana Mageros, 'Alexander Downer invokes Kevin Rudd's book on China to savage Anthony Albanese foreign policy credentials' (Sky News, 16 October 2024) <https://www.skynews.com.au/australia-news/politics/alexander-downer-invokes-kevin-rudds-book-on-china-to-savage-anthony-albanese-foreign-policy-credentials/news-story/d8bb9591423efe4936bbe5921d9e8e3e>, archived at <https://archive.md/7jv3k>.
'Kevin Rudd ‘on the money’ with new book about Xi Jinping' (Sky News, 16 October 2024) <https://www.skynews.com.au/opinion/chris-kenny/kevin-rudd-on-the-money-with-new-book-about-xi-jinping/video/28373e9f583a3bda0a7419ee441ff75d>, archived at <https://archive.is/7Muop>: "Former foreign minister Alexander Downer has described Kevin Rudd’s new book on Chinese President Xi Jinping as a “good piece of work”. “Having read just summaries in newspapers of what the book says, it seems to me pretty much on the money,” Mr Downer told Sky News host Chris Kenny. “Focusing on Xi Jinping being a very different leader from his predecessors, much more Marxist-Leninist, more Maoist if you like than his immediate predecessors, having swung the country hard to the left economically and becoming a very aggressive nationalist – I think all of that analysis is completely right.”".
'Kevin Rudd’s China stance is a ‘welcome change of heart’' (Sky News, 16 October 2024) <https://www.skynews.com.au/opinion/sharri-markson/kevin-rudds-china-stance-is-a-welcome-change-of-heart/video/4a5f93b84b83a9b1b899dc11edeb4f65>.
Joe Kelly, 'Kevin Rudd calls for vigilance to deter Xi’s threat to global order' (The Australian, 15 October 2024) <https://www.theaustralian.com.au/world/kevin-rudd-calls-for-vigilance-to-deter-xis-threat-to-global-order/news-story/85e8135cf7b8a55e3c14a72894cd4e2d>, archived at <https://archive.md/vea5u>.
Joe Kelly, 'Albanese must not ignore Kevin Rudd’s dark vision of China' (The Australian, 15 October 2024) <https://www.theaustralian.com.au/world/albanese-must-not-ignore-kevin-rudds-dark-vision-of-china/news-story/a74c625fd23d36dfe409e5ac2e948594>, archived at <https://archive.md/Art8X>: "In a revamp of his doctoral thesis, Rudd – now Australia’s ambassador in Washington – makes clear that Xi himself rather than the self-propelling forces of the Chinese political system is responsible for steering new courses in Chinese politics, economic policy and foreign affairs. Xi is presented as a hard-line Marxist-Leninst ideologue and that his “return to ideology” and its costs on the Chinese people have not been sufficiently appreciated. ... He argues the greatest danger to the international system will come during the period of Xi’s leadership and that deterrence and diplomacy will be crucial to avoiding catastrophic conflict – a challenge which encompasses the present moment. ... “As Xi sees it, with the Washington Consensus in a state of collapse, the appeal of universal human rights diminished, and democracy in retreat, there is now an opportunity to fill an emerging vacuum for an acceptable global narrative capable of reaching across the developing world,” Rudd says. “When fully formed, Xi’s international ideational agenda is therefore likely to become his answer to the longstanding, American championed narrative of universal, individual political and economic freedom.” ... Rudd says Xi’s project to fuse Marxism with traditional Chinese culture, following Mao Zedong’s earlier “Sinifiction” of Soviet Communism, could “potentially lead to a third integration … with world cultures.” ... The challenges will remain acute with China set to drive global change in coming years through the fracturing of the global economic system, the testing of international norms and institutions, the contest to win the unfolding digital and technological revolution as well as the navigation of the climate change threat."
Jean-Thomas Nicole, 'Understanding Xi Jinping’s Ideological Clarity of Purpose' (Cipher Brief, 15 October 2024) <https://www.thecipherbrief.com/book-review/understanding-xi-jinpings-ideological-clarity-of-purpose>, archived at <https://archive.is/Lcb9H>.
Kevin Rudd, On Xi Jinping: How Xi's Marxist Nationalism is Shaping China and the World (Oxford University Press, 2024).
Matthew Cranston, 'Washington welcomes Kevin Rudd’s hardline views on Xi Jinping' (Australian Financial Review, 16 October 2024) <https://www.afr.com/world/north-america/washington-welcomes-rudd-s-hardline-views-on-xi-jinping-20241016-p5kimd>, archived at <https://archive.is/cr9fJ>.
Kevin Rudd, 'The Interrelationship Between CCP Ideology, Strategy and Deterrence: China’s Ideological Framework for Strategic Decision-Making, Differing American and Chinese Concepts of Deterrence and the Impact on Strategic Stability in the Taiwan Straits' (Speech, 2024 George F Kennan Lecture Series, National Defense University, 4 September 2024) <https://usa.embassy.gov.au/ndu24>, archived at <https://archive.is/4GXU8>.
Kevin Rudd, 'Transparency Register' (Webpage, 15 October 2024) <https://transparency.ag.gov.au/Activities/Details/5dd1c7c8-9c19-ef11-a9ad-0050569fe6ca>, archived at <https://archive.md/nbdqE>.
Kevin Rudd, 'On Xi Jinping' (Webpage) <https://kevinrudd.com/on-xi-jinping>, archived at <https://archive.md/jzbF6>.
Kevin Rudd, 'The World According to Xi Jinping: What China’s Ideologue in Chief Really Believes' (Foreign Affairs, 10 October 2022) <https://www.foreignaffairs.com/china/world-according-xi-jinping-china-ideologue-kevin-rudd>, archived at <https://archive.md/osM5y>.
Kevin Rudd, China's new Marxist nationalism: defining Xi Jinping's ideological worldview (DPhil Thesis, Oxford University, 2022) <https://ora.ox.ac.uk/objects/uuid:6c63d843-6a36-486d-b6be-fe4f66a08058>.
'Global Launch of the Book "On Xi Jinping" by the Hon. Dr. Kevin Rudd: What Does Xi Jinping Truly Believe, and What Are His Plans for China and the World?' (Asia Society, 18 October 2024) <https://asiasociety.org/policy-institute/events/global-launch-book-xi-jinping-hon-dr-kevin-rudd>, archived at <https://archive.md/IS6Bn>.
'Ambassador Kevin Rudd: China's Xi Jinping' (Commonwealth Club) <https://www.commonwealthclub.org/events/2024-10-24/ambassador-kevin-rudd-chinas-xi-jinping>, archived at <https://archive.is/ZveVI>.
'On Xi Jinping: How Xi’s Marxist Nationalism is Shaping China and the World' (Yale Jackson School of Global Affairs) <https://jackson.yale.edu/jackson-events/on-xi-jinping-how-xis-marxist-nationalism-is-shaping-china-and-the-world/>, archived at <https://archive.md/9T5zy>.
'A Conversation with Ambassador Kevin Rudd' (Harvard Kennedy School Institute of Politics, 25 Octovber 2024) <https://iop.harvard.edu/events/conversation-ambassador-kevin-rudd>, archived at <https://archive.md/FLCzY>.
[G] Misc
Ideological & Moral Cultivation and Fundamentals of Law | 思想道德修养与法律基础 (TsinghuaX, EdX Course) <https://learning.edx.org/course/course-v1:TsinghuaX+10610183X+1T2024/home>.
© Jing Zhi Wong, 2023-2025