CHINA'S FOREIGN POLICY

1. Context

2. Objectives and Rationale for the Law

• The new law aims to strengthen President Xi Jinping's control over foreign policy, which has become increasingly centralized since he took office in 2012.
• It seeks to give legal backing to key objectives of Chinese foreign policy, making it a punishable offence to act against these objectives.
• The law also intends to fill gaps in laws safeguarding national sovereignty, security, and development interests.

3. Emphasis on Sovereignty and Security

• The law underscores sovereignty and security as core principles of Chinese foreign policy.
• While these principles have always been important, the new law aligns with a broader political shift in China that prioritizes security over development and opening up.
• This shift may have long-term political and economic ramifications.

4. Impact on Foreign Policy Initiatives

• The law specifically mentions several initiatives championed by President Xi, including the Belt and Road Initiative (BRI), the Global Development Initiative (GDI), and the Global Security Initiative (GSI).
• By codifying these initiatives into law, the Chinese government aims to solidify their status and protect them from potential challenges.

5. Response to Western Sanctions

• One of the objectives of the law is to provide a legal response to Western sanctions imposed on China.
• It reinforces the Law on Countering Sanctions and essentially makes it illegal for Western companies operating in China to comply with sanctions against the country.
• This measure seeks to safeguard China's interests and counteract acts of containment, interference, sanctions, and destruction.

6. Addressing Criticisms of Foreign Lending

• The law also responds to criticisms of China's foreign lending practices, which have faced scrutiny due to debt crises in partner countries.
• It states that in providing aid, China will respect the sovereignty of recipient countries, refrain from interfering in their internal affairs, and avoid attaching political conditions to its assistance.

7. Impact on India-China Relations

• The new law's emphasis on security, sovereignty, and territorial integrity aligns with the border dispute between India and China, which has recently reemerged as a central issue in bilateral relations.
• Indian experts see the law as formalizing China's actions along the Line of Actual Control (LAC) and framing territorial disputes as matters of national sovereignty.
• This framing may limit the scope for resolution through negotiations.

8. Relevant Articles and Provisions of the Law

9. Conclusion

• China's new Law on Foreign Relations strengthens President Xi's control over foreign policy and provides a legal framework for key foreign policy objectives.
• It emphasizes sovereignty, security, and the protection of national interests.
• Its impact on India-China relations, particularly regarding the border dispute, remains to be seen.
• The law grants broad powers to the Chinese government to counter actions deemed detrimental to China's national interests, leaving room for interpretation and implementation.