（Chang Ching, Research Fellow, Society for Strategic Studies R.O.C.）
This author wrote an article titled “An Analysis of the Must-Read Information Regarding Xi Jinping’s Visit to Europe” in News and Commentary of the Institute of Chinese Communist Studies on May 13. It analyzed Xi Jinping’s visit to the three European countries-France, Serbia and Hungary, in which various joint statements and related agreements on widespread issues were signed. They include documents of foreign relations at the level of treaties as well as agreements, memorandums and letters of intent for cooperation and exchange by different ministries and agencies of both sides, that amount as high as 64.
After the publication of the article, many readers are concerned about China’s maintaining foreign relations through the singing of treaties and agreements and inquired how to observe Beijing’s follow-up actions. The author’s responses are listed below, and the feedback of the readers are welcome.
In terms of the political system of China, all the bilateral and multilateral treaties, agreements and other documents of a treaty or agreement-type nature concluded between China and foreign countries must follow “Law of the People's Republic of China on the Procedure of the Conclusion of Treaties (the Law),”that was adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress (NPC) and then promulgated by the then President Yang Shangkun with Order of the President of the People's Republic of China No.37 on December 28 1990. A subsequent submission for approval by the Standing Committee of the NPC or by the State Council is required, and the documents will come to effect after mutual notification through diplomatic démarche.
The Law also specifies the authority and responsibility as well as procedures concerning joining or accepting multilateral treaties and agreements. And it requires that all the concluded treaties and agreements be included in the Collection of Treaties of the People's Republic of China compiled by the Ministry of Foreign Affairs and shall be registered with the United Nations Secretariat pursuant to the relevant provisions of the United Nations Charter. If the concluded treaties and agreements need to be registered with other international organizations, they should be handled pursuant to the relevant provisions of the articles of the association of the respective international organization. Judging from the specific regulations stated above, the subsequent procedures and final results after signing bilateral and multilateral treaties and agreements by China indeed feature certain degree of transparency. It worths the attention of researchers of China’s foreign relations.
In addition, attention must be paid to Article 20 of the Law “the State Council may formulate implementing regulations in accordance with the Law” but the progress of drafting the implementing regulations is relatively slow and it wasn’t until March 15, 2017, the Legislative Affairs Office of the State Council started to process the “Draft Implementing Regulations of the Law (for Review)” drafted and submitted by the Ministry of Foreign Affairs. After soliciting opinions from other government departments and scholars, and going through numerous revisions, the “Draft Implementing Regulations of the Law (for Soliciting Opinions)” was finalized and released to the public for requesting comments for revision before April 15 of the same year to facilitate the following work.
However, the following legislative work was like a clay ox entering into the sea and had no further progress until October 16, 2022, the then Premier Li Keqiang convened a meeting of the Standing Committee of the State Council to pass “Measures for the Administration of Conclusion of Treaties” and issued it with Order No. 756 of the State Council of the People's Republic of China, coming into force on January 1, 2023.
It has to be noted that the ins and outs of the process and the development regarding how the “Draft Implementing Regulations of the Law (for Soliciting Opinions)” turning to Measures for the Administration of Conclusion of Treaties remain unknown to the public. And there is also no further development up to the present about the Draft Implementing Regulations of the Law (for Soliciting Opinions). The Measures for the Administration of Conclusion of Treaties finally emerged out of nowhere by the order of the State Council as an alternative rule formulated pursuant to the Article 20 of the Law. No one from the legal community has raised question about it and the government agencies at all levels also comply with it for handling government affairs.
When the Measures for the Administration of Conclusion of Treaties was issued for practice, the Ministry of Justice of the State Council released a news titled “Refining and Improving Procedure Law for the Conclusion of Treaties, Enhancing Legalization for Management of Treaty Conclusion.” In addition, the Xinhua News Agency also issued a news release titled "Li Keqiang Signed An Order of the State Council to Promulgate Measures for the Administration of Conclusion of Treaties.” They all offered specific details of the above mentioned Measures, and the readers could refer to the specific articles to get a better understanding of China’s developing foreign relations through treaties and agreements. The process of drafting, negotiations and talks, signing and then submitting for approval of the Standing Committee of the NPC or the State Council are all in accordance with respective responsibility and procedures stipulated.
Lastly, when studying China’s dealing with foreign relations, attention could be given to how China implements its commitment to the “one China, two systems” policy toward Hong Kong and Macca. In the Measures for the Administration of Conclusion of Treaties, articles 25, 26 and 31 all stipulate the procedures of soliciting opinions of the Hong Kong and Macau Special Administrative Regions (SARs) governments, and articles 27 and 30 also explicitly defines the procedures of notifying the SARs governments on matters related to Hong Kong and Macca during the process of treaty conclusion. Theses are significant information for studying how Hong Kong and Macau respond to Beijing’s dealing with foreign affairs.
Since the establishment of its political regime, China has signed more than twenty thousand bilateral treaties as well as joined in and signed nearly 500 multilateral treaties. Through the contents of the treaties signed with specific countries and referring to the relevant statistics of actual practice, the overall framework of bilateral relations can be clearly outlined. Examining the provisions of the above two laws carefully is of significance in observing the conclusion of treaty and agreement in China’s foreign affairs.
（Translated to English by Tracy Chou）
