On Legal Diplomacy

Currently, globalization and multi-polarization has been deepening, and international relations and global governance are increasingly ruled by law. At the same time, China is pushing forward its “Four Comprehensive” strategy and major-country diplomacy with Chinese characteristics. In such context, Legal Diplomacy is proposed jointly by China Law Society and the jurisprudence and legal professionals. It is a new concept with both theoretical values and practical significance. Legal Diplomacy provides a new vision to observe and reflect on foreign exchanges, as well as a new dimension to deal with foreign relations. It enriches, develops and innovates the theories of Chinese diplomacy and the rule of law.Globalization opens up a new era for Legal Diplomacy. Currently, the world is undergoing profound and complex changes. However, peace and development still remain the theme of the times, and the rule of law can reliably guarantee world peace and development. Globalization will inevitably lead to rule of law in international relation. As currently the interest pattern of the world is undergoing the process of readjustment, major powers wrestle intensely about international rules of different fields for future institutional rights. Therefore, managing the relations of countries based on institutional norms and complying with the laws in international communication have increasingly become the objective requirement and voluntary pursue of the international community. When formulating and carrying out foreign policies, countries paid more attention to legal support and interpretations. In international cooperation, following applicable and universal international rules has become general international obligations and the foundation for dialogue and cooperation as well as mutual trust among countries. The importance and the leading role of law in international relations have been increasingly evident and unprecedented. Therefore, establishing rule-oriented international relations, carrying forward the fair and just spirit of the rule of law, promoting international rule of law and participating in global governance with the authority of law and regulations have become an important symbol of the era of Legal Diplomacy.The “Four Comprehensive” strategic plan accelerates the promotion of Legal Diplomacy. For more than 30 years since the reform and opening up, China’s comprehensive national strength, international competitiveness, international status and influence have increased dramatically. The 4th Plenary Session of the 18 th CPC Central Committee has put forward major strategic plan to comprehensively advance the rule of law, to speed up the law-based governance of China, and to build China into a rule of law country. China’s promotion of rule of law has entered a new historical period and stands at a new starting point. The “Four Comprehensive” strategic plan objectively requires to coordinate both national and international rule of law, draw on the outstanding jurisprudential achievements and useful experience in human civilization, actively participate in international rule-making, protect and expand our rights by using international rules, cope with economic and social affairs involving foreign interests according to law and strengthen China’s voice and influence in international legal affairs. We should also improve global legal services and deepen international cooperation in the judicial area and law enforcement and security. Under the historical background of peace and development, it is the trend to pursue cooperation and win-win results and it is the common wish to promote international rule of law. In the interaction between China and the world, law and regulations have become the foundation and guarantee for exchange and cooperation. In pushing forward the “Four Comprehensive” strategy, it is necessary to make better use of the national and international rule of law and different rules at home and abroad to protect the sovereignty right and security of China as well as rightful interest of China around the world. This is not only an essential condition for the great rejuvenation of the Chinese people, but will also create a sound external environment for China to prosper and develop sustainably and steadily, and it will further promote the all-around development of Legal Diplomacy.The major-country diplomacy with Chinese features needs the guidance of Legal Diplomacy. Currently, China’s diplomacy has entered a new phrase of major-country diplomacy with more distinct Chinese characteristics, Chinese styles and Chinese manners. Major-country diplomacy not only means to adopt an enterprising and proactive attitude in foreign affairs but also means to innovate concepts and ideas as well as to make more efforts in improving the rule of law and the jurisprudential system. Diplomatic practices have proven that persistence in political diplomacy and ideology diplomacy would often lead to a passive situation in international relation, and it is also against the general trend which emphasizes international relation rule of law and the rule of law in global governance. Based on norms, Legal Diplomacy adopts equal, steady and predictable approaches. To conduct major-country diplomacy with Chinese characteristics, it is objectively required to express China’s stand and opinions clearly by using the form, the voice and the logic of law, to communicate and solve disputes and conflicts by using the rule of law thinking and approaches and the legal procedures, and to contribute Chinese wisdom to the building of international rule of law by spreading China’s outstanding value, concepts and culture of law. As the world respects and follows the laws, it will be more convinced that China is a responsible major country that honors its commitments and loves peace. In this way, our national interest and diplomatic opinions would be regarded as more justified and legitimate, and thus more likely to be acknowledged by the international community.Looking into the development history of human society, we may find that the progress of civilization is from military force to diplomacy and from power diplomacy to legal diplomacy. Ancient Greece and Rome tried to conquer and dominate the world by the use of force, and they both failed finally. In the late 15 th century, diplomacy came into being and people were aware of dealing with state disputes through negotiation and mediation. However, diplomacy at that time was usually backed up by national strength, accompanied often with the flexing of muscles by powerful states. This power diplomacy cannot produce a fair and just international order. Later on, there have been more and more rule factors in diplomatic activities. As diplomacy and law developed in an intertwined way, the role and influence of law are becoming increasingly extensive and enduring. Napoleon once said “My true glory is not to have won forty battles...Waterloo will erase the memory of so many victories.... But...what will live forever, is my Civil Code.” After World War II, laws and regulations, with the UN Charter as the sign, have become effective tools to reshape international relations and maintain international order. It has been widely recognized and accepted in the world. As is revealed by history, Legal Diplomacy is the inevitable result of human civilization’s progress.Globalization has been deepening, international relation rule of law has been comprehensively advanced, and the building of China under the rule of law has been in full swing. Legal Diplomacy emerges as the times requires. It refers to the diplomatic activities with law as the content, mechanism and intermediary, which means that legal concepts and ideas of rule of law have penetrated into diplomatic activities and are translated into diplomatic methods to actively convert some diplomatic issues into legal issues and to deal with foreign relation and international affairs with rule of law thinking and ways. Legal Diplomacy is an important component of national general diplomacy and becomes a concept in parallel with political diplomacy, economic diplomacy, cultural diplomacy and military diplomacy. It enriches, develops and innovates the theories of diplomacy and rule of law and it also summarizes and refines the practices of foreign exchanges and international rule of law and brings them to a higher level. From diplomatic activities with legal aspects to Legal Diplomacy, it shows the great progress in diplomatic activities and the development of law and is a major progress of human political civilization. Proposing of Legal Diplomacy reflects the principle of human civilization’s development and progress, and echoes the general trend that the international relations have become more democratic and that the international governance has relied more on the rule of law. It also responds to the just demands of developing countries to build a more just and reasonable international system and order. Legal Diplomacy boasts a rich connotation, with diversified subjects and extensive objects, both political and professional, upholding the principle of equal sovereignty, fairness and justice, equality and mutual benefits, common development, openness and inclusiveness and win-win cooperation.Legal Diplomacy is a new concept, but there have been plenty of practices with contents and features similar to Legal Diplomacy throughout ancient and modern times both at home and abroad. The Chinese legal system, formed in Tang Dynasty, had exerted profound and lasting influence on neighboring countries and could be said to be the primary Legal Diplomacy of a feudal state. European colonial powers brought their laws to wherever they’d conquered, duplicating and wide-spreading the legal system. After World War II, the subjects of Legal Diplomacy, including official or non-official organizations, the United Nations system and international and regional jurisprudence organizations such as WTO, International Association of Penal Law and Asian-African Legal Consultative Organization also launched various Legal Diplomacy practices. The United States took it even further by exporting its legal system to popularize its so called “universal values” so as to increase its influence and maintain its status as the world’s superpower. The Chinese government has also put forward the Five Principles of Peaceful Coexistence. Its formulation and application is a successful practice of Legal Diplomacy, and it is still playing an important role in maintaining world peace and development today. At present, the international multilateral agreements signed by the international community have covered all areas of human life. China itself has joined more than 400 multilateral agreements and entered into more than 20,000 bilateral agreements. It has provided ample room and solid foundation for the continuous development and practices of Legal Diplomacy.Legal Diplomacy will become the basic diplomatic approach. The rule of law is the basic way to govern a country, and Legal Diplomacy will inevitably become the basic way of diplomacy. In the trend of international rule of law and the globalization of law, international competitions are increasingly in the form of battle over orders and rules, and legal warfare in international relations has become a new normal. In foreign exchanges, it is necessary to foster awareness of laws and regulations, actively use them to safeguard our country’s sovereignty, security and development interests. Legal Diplomacy will become an important engine for the development of international rule of law. Law and regulations have become the foundation and prerequisite for international dialogues and cooperation. Dealing with international relations with standardized institutional approaches and universal regulations has increasingly become the consensus of all countries, which would forcefully promote the development and improvement of international rule of law, manifest spirit for rule of law, promote the building of a more just and reasonable international system and order, and jointly build the community of human interests, responsibilities and destiny. Legal Diplomacy will help advance the “Four Comprehensive” strategy, speed up the building China into a rule of law country. It can effectively coordinate both national and international rule of law as well as their different principles, and promote legal cooperation involving foreign affairs. By learning from each other, it draws on the outstanding rule of law achievements and useful experience of human civilization to push forward the building of China under the rule of law. Legal Diplomacy is a new highlight of China’s major-country diplomacy with Chinese characteristics and a fundamental change in Chinese-style diplomacy, which will in turn drive a fundamental transformation of concepts and ideas, ways of thinking, mechanism and institution, operation model and discourse system of opening up and international cooperation and thus open up a new prospect of major-country diplomacy. Legal Diplomacy is an effective tool to push forward the new ideas and initiatives of China’s diplomacy, guide and secure the implementation of major diplomatic initiatives and strategies such as “Go Global” policy, “One Belt One Road” and cooperation on production capacity, and promote the establishment of new international relations with win-win cooperation as its core. It is not only a soft power, but also a smart power. It includes both the use of international laws and regulations in diplomatic activities and the formulation and improvement of international laws in diplomatic process. Therefore, we need to seize opportunities, strengthen our soft power by participating in the game of rule-making and legal warfare, and make China have more say and influence in international affairs and a bigger role in rule-making and decision-making, thus building the prestige and image of China under the rule of law.Faced with the complex and ever-changing international situation, it is increasingly urgent and important to promote and practice Legal Diplomacy by better applying rule of law thinking and ways to realize the national diplomatic policies and safeguard national interests. China urgently needs to regard Legal Diplomacy as its national strategy so as to make China from a major country to a great power, and from a major rule-by-law country to a great rule-of-law power. In this way, China would have more say and a bigger role in rule-making in future international competitions and better shoulder the responsibility of a leading major power. Legal Diplomacy should contribute to the future making of foreign policies and strategies and become an important part. Therefore, it is necessary to speed up the building of mechanism and institution of Legal Diplomacy and to enhance its capacity of coordination and overall planning, to set up legal affairs sections or send diplomats of legal affairs in overseas institutions and to build a think-tank of Legal Diplomacy experts. We should make full use of the flexibility, expertise and diversity of non-governmental legal organizations and think-tanks and bring into full play their advantages in human resources and academic advantages. We should also improve the legal system involving foreign affairs, establish and improve the diplomatic legal system, and consolidate the foundation for Legal Diplomacy. Legal Diplomacy teams would be cultivated vigorously and the global network would be set up for legal service involving foreign affairs. In the globalization of law, China’s legal soft power should be actively promoted and exported to enhance the influence of China’s legal culture.Legal Diplomacy is a major-country diplomacy with Chinese features. It would drive China to become a rule-of-law great power and will itself become the inevitable choice to comprehensively promote international rule of law. Zheng He, the navigator in Ming Dynasty, opened up the ancient Maritime Silk Road to trade goods. Each time when he went to see, he brought with him many warships and troops for protection. Today, in the era of globalization what is needed more is the guidance, regulation and guarantee of law. “One Belt One Road” strategy, initiated by China, is a component of economic globalization. In this sense, “One Belt One Road” would definitely be a road featured with legal cooperation and Legal Diplomacy. Building “One Belt One Road” is to comprehensively promote and carry out Legal Diplomacy.