Serving the national on the global plane: disentangling Chinese cities’ practice of international law

ABSTRACT

International lawyers have finally turned their attention to cities. However, the emerging interdisciplinary literature on International Law and Cities has largely overlooked Chinese cities cultivating in a distinct political context. Such neglect may further contribute to a crude understanding of China’s growing ambition in its international legal strategy in general and Chinese cities’ practice of international law in particular. This article aims to fill that gap by reflecting upon the relationship between China’s central government and local governments in dealing with international legal affairs and elucidating how Chinese cities engage with international law in global politics and governance.

KEYWORDS:

• International law
• cities
• China
• global governance
• political context

Disclosure statement

No potential conflict of interest was reported by the author(s).

Correction Statement

This article has been corrected with minor changes. These changes do not impact the academic content of the article.

Notes

1. See http://wb.beijing.gov.cn/home/index/wsjx/202002/t20200202_1622699.html (last visited 8 August 2022).

2. See https://www.shanghai.gov.cn/nw12344/20200813/0001–12344_63349.html (last visited 8 August 2022).

3. See http://news.sina.com.cn/c/sd/2012-05-16/101124424643.shtml (last visited 8 August 2022).

4. For evidence, see http://news.qingdaonews.com/wap/2018-12/12/content_20257798.htm; http://www.qingdao.gov.cn/n172/n24624151/n24625135/n24625149/n24625177/131203144223536883.html (last visited 8 August 2022).

5. UN Framework Convention on Tobacco Control, art. 8, 21 May 2003. Also, see (Lin et al. 2019).

6. See, e.g., https://untobaccocontrol.org/impldb/wp-content/uploads/China_2020_WHOFCTCreport.pdf (last visited 8 August 2022).

7. Zhonghua renmin gongheguo waishang touzifa (中华人民共和国外商投资法) [Foreign Investment Law of the People’s Republic of China], promulgated by the Standing Committee of the National People’s Congress on 15 May 2019 and effective on 1 January 2020, art. 4 (the pre-establishment national treatment with a negative list) and 18 (local governments’ competence).

8. Beijingshi guomin jingji he shehui fazhan dishisige wunian guihua he 2035 yuanjing mubiao gangyao (北京市国民经济和社会发展第十四个五年规划和二〇三五年远景目标纲要) [The 14th Five-Year Plan (2021–2025) of Beijing Municipality for National Economic and Social Development and the Long-Range Objectives Through the Year 2035], issued by Beijing Municipal Commission of Development and Reform, 4 April 2021, at 88.

9. Zhongguo (Chongqing) ziyou maoyi shiyanqu tiaoli (中国（重庆）自由贸易试验区条例) [Regulation on China (Chongqing) Pilot Free Trade Zone], issued by the Standing Committee of the Chongqing Municipal People’s Congress on 26 September 2019 and effective on 1 November 2019, art. 38.

10. In effect, a trickle of recent literature has begun to focus on this crucial domain. See (Cai 2022; Renninge 2020).

Additional information

Funding

This research was funded by the National Social Science Foundation of China (22CFX089), the China Postdoctoral Science Foundation (2021M700573), and the Social Science Foundation of Chongqing Municipality of China (2020BS82).