CHAPTER 2 China and Rule of Law in the Maintenance of International Peace and Security
I Principles and New Characteristics of International Peace and Security
Maintenance of international peace and security is the primary purpose of the UN in accordance of its UN Charter, which is the legal obligation to be fulfilled by this most universal Organization and its 193 Member States., and even to be observed by its non Member States. For this very purpose, the UN Charter established a new collective security system based on and by drawing lessons from the League of Nations. The fundamental principles of the UN collective security system include respect for sovereign equality of States, non-interference of internal affairs of States, prohibition of using forces or threat of forces, and peaceful settlement of international disputes. In the aspect of maintaining international peace and security, the UN Charter set the UN Security Council as executive organ which is primarily responsible, in addition to endowing the UN General Assembly with a wide range of deliberative powers.
In the post-Cold War era, there has emerged some new tendencies concerning international peace and security. In addition to traditional threats of security, increasing non-traditional threats constitute new challenges to international peace and security. Since the beginning of the 21stcentury, a number of important UN documents adopted at the Summit or by the UN General Assembly have set up new targets of international peace and security.
For instance, the UN Millennium Declaration in 2000 set up new targets for peace, security and disarmament. In addition to prevention of domestic wars and wars between States, all States undertook to seek to eliminate dangers posed by weapons of mass destruction; strengthen respect for the rule of law in international as in national affairs; make the United Nations more effective in maintaining peace and security; take concerted action against international terrorism; redouble efforts in fighting against the world drug problem and transnational crimes in all dimensions, including trafficking, smuggling, illegal immigration and money laundering; ensure implementation of treaties concerning disarmament, international humanism and human rights, as well as signature and ratification of the Statute of International Criminal Court; promote the cooperation of the UN with regional organizations.
Again, the outcome document of World Summit in 2005 confirms that “peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being. Leaders of the UN Member States that development, peace and security and human rights are interlinked and mutually reinforcing.” It is also acknowledged that collective security depends on effective cooperation, in accordance with international law, against transnational threats.
II New Concepts and Principles of Security Advocated by China
On July 7, 2012, Chinese President Xi Jinping in his keynote speech at World Peace Forum, the first non-official high level forum of this kind sponsored by China, indicated that China would propose new concepts and principles of Security which include as follows:
1) To pursue security with development, because economic development and prosperity is an important guarantee for the maintenance of security;
2) To pursue security with equality, because treatment on an equal footing is the basic premise for maintenance of security;
3) To pursue security with mutual trust, because enhancement of mutual trust is an imperative condition for maintenance of security;
4) To pursue security with cooperation, because dialogue and cooperation is the fundamental approach to maintaining security;
5) To pursue security with innovation, because world-wide security issues at present is presenting tendencies of diversity, infectiousness, interdependence and suddenness, in which one country's security and that of another country, internal and external security, regional and global security, traditional and non-traditional security, all are intertwined.
In his speech at the Conference to Commemorate the Five Principles of Peaceful coexistence Published 60 Years on July 7, 2014, President Xi reaffirmed China's concept of common, comprehensive, cooperative, sustainable security.
On September 28, 2015, Chinese President Xi Jinping made a speech at the UN Peacekeeping Summit. He pointed out that “peace is the common aspiration and lofty goal shared by all mankind”. It was for the purpose of securing peace that the UN peacekeeping operations came into being”. In order to enhance the UN peace-keeping operations, he particularly stressed four points representing China's standings as follows:
First and foremost, the basic principles of peacekeeping should be strictly followed. The Charter of the United Nations and the Hammarskjold principles—the fundamental guidelines for peacekeeping operations—should be respected. Security Council resolutions should be implemented in their entirety, allowing no country to act beyond their mandates. Peacekeeping missions should be carried out according to local situation and the will of the local people. Exiting strategies need to be formulated and executed in a timely manner.
Secondly, the peacekeeping system needs to be improved. Peacekeeping operations should be aligned in sequence with preventive diplomacy and peacebuilding, and at the same time coordinate with political mediation, rule of law, national reconciliation, and improvement of living standards. The UN Security Council should be more attentive to the opinions of those parties directly involved, and the views of those countries which are contributing troops. A better coordinated peacekeeping partnership should be established between the United Nations and relevant regional organizations.
Thirdly, Readiness of response needs to be enhanced. Fast deployment of peacekeeping operations can bring better prospects of peace and win more time to save lives. China welcomes the United Nations' establishment of a new Peacekeeping Capability Readiness System, and calls on member states to join the system.
Fourthly, greater support and help should be given to Africa. Africa has the greatest need for peacekeeping. In the long run, the international community and the United Nations should support African countries in increasing their own capacity to maintain peace and stability, so that African issues can be addressed in ways that are adapted to African needs.
III China Always Emphasizes the Important Roles of the UN Security Council in the Promotion of International Peace and Security
2015 is the 70thanniversary of both the World Anti-Fascist War Victory and the establishment of the United Nations. China made full use its position as the rotating presidency of the Security Council, sponsoring a public debate on maintenance of international peace and security, and determined “Maintenance of International Peace and Security: Reflect on History, Reaffirm the Strong Commitment to the Purpose and Principles of the Charter of the United Nations” as its debate subject.The UN Secretary-General Ban Ki-moon and more than 80 foreign ministers of the UN Member States attended the debate and made speeches. The Chinese Foreign Minister Wang Yi chaired the debate and demonstrated four standing points in his speech: peace, not conflict; cooperation, not confrontation; justice, not hegemony;and a win-win approach, not a zero sum one.
In addition, during China's presidency in the Security Council, it sponsored and chaired two closed door meetings, discussed more than 20 issues concerning Syria, the Middle East, Iraq, Yemen, Libya, Kirya Bissau, Somalia, South Sudan, Ukraine, etc., adopted 7 resolutions and 2 Presidential Statements, and delivered 15 presidential press statements, all aiming at promotion of resolving hot issues of the present world.
China, as one of the permanent Member States in the Security Council, has veto power to adopt resolutions on any substantial matters, particularly matters concerning enforcement actions of maintenance of international peace and security under chapter VII of the UN Charter. Since the restoration of its legitimate seat in the UN on October 25, 1971, China has exercised veto for 10 times. However, from October 2011 to May 2015, China vetoed for 4 times over the resolution drafts presented by the UK and France concerning Syria ( the Middle East) issues, demonstrating that China consistently and resolutely defends State sovereignty and territorial integrity and insists on settlement of international disputes by means of peaceful methods.
IV China Attaches Importance to the Rule of Law in Peaceful Settlement of International Disputes
At the 68th Session of the UN General Assembly in 2013, during deliberation of the agenda on “The Rule of Law at the National and International Levels”, Wang Min, Deputy Permanent Representative of China to the UN, explicitly illustrated in his speech that China welcomed discussions on “the Rule of Law and Peaceful Settlement of International Disputes” under the agenda of the UN General Assembly on “the Rule of Law”, and stressed the Chinese standings as follows:
Firstly, the Chinese government considers that the rule of law is a universal objective pursued by all countries in the world. However, in the construction of national rule of law, there is no uniform rule of law model applied to all countries, and each State has the rights to choose its own. Nevertheless, they could learn from and complement each other, seeking for the development of the rule of law together. In strengthening the rule of law, all States shall respect the authority of the UN Charter, strictly follow the rules of international law, insist on the uniform application of international law, continuously improve “international legislation”, and promote democratization of international relations.
Secondly, the UN Charter is both the starting point and touchstone of the rule of law construction. The UN Charter and the principles of international law enacted therein is the core of modern international legal order. All States, in dealing with international affairs, shall always remember the objectives and principles of the UN Charter, maintain the sovereign equality of States, fulfill international obligations in good faith, peacefully resolve international disputes, push forward the construction of international rule of law, and maintain the world-wide peace and security.
Thirdly, peaceful settlement of international disputes is the inevitable requirement of the rule of law. As mentioned above, it is one of the fundamental principles of international law and is an inextricable part of international rule of law construction. The UN Charter and quite a number of related resolutions adopted by the UN General Assembly consistently highlight that all State shall “settle disputes by peaceful means and in accordance with the principles of justice and international law.” At the same time, peaceful settlement of international disputes means the prohibition of using armed forces or armed threat. As illustrated in the Declaration on Non Use of Force adopted by the UN General Assembly, “states shall abide by their commitment to the principle of peaceful settlement of disputes, which is inseparable from the principle of refraining from the threat of use of force in their international relations.” The principles of peaceful settlement of international disputes and prohibition of the threat of force or use of force are of fundamental significance for international rule of law. They formulate the core of the UN Charter and foundation of contemporary international order which is the obligation of international law ought to be observed by all States.
Finally, the choice of peaceful methods to settle international disputes shall respect the freedom of choice of the state parties in accordance with law. Under international law, peaceful settlement of international disputes could be either political methods or legal methods. The choice and application of methods shall strictly adhere to the principle of state sovereign equality, fully respect the will of the parties concerned and not be imposed on any country. China thinks that whether to adopt arbitration or judicial agency to settle international disputes should also follow the principle of rule of law and be based on state equality and voluntariness. Any forced submission of dispute settlement to arbitration or judicial agency infringes the principle of international rule of law and could not be accepted by the Chinese government.
V China Highlights the Imperativeness of Rule of Law and Justice to Maintain and Build Peace
On September 27, 2014, the Chinese Foreign Minister Wang Yi made a statement entitled “Jointly Pursue Peace and Development and Uphold Rule of Law and Justice” at the General debate of the 69th Session of the UN General Assembly. He stressed the importance of upholding the rule of law and justice in the efforts to build a better world. In respect of the incessant conflicts, he presented four points in answering the question “how to prevent war and maintain lasting peace” as follows:
First, we should seek political solutions. History and reality have repeatedly demonstrated that to meet violence with violence will not lead to enduring peace, and the use of force will create more problems than solutions. Coercive action should have the authorization of the Security Council.
Second, we should accommodate the interests of all parties. Parties in a conflict should reject the zero-sum approach and address each other's concerns in negotiations. They should seek to meet their legitimate concerns through consultations in a mutually accommodating way.
Thirdly, we should promote national reconciliation. Ongoing armed conflicts are largely caused by ethnic and sectarian tensions. The process of national reconciliation and the process of political settlement should be advanced in tandem with each other. All parties should uphold the UN Charter, develop and practice a culture of inclusion and tolerance, and uproot the seeds of hatred and retaliation, so that fruit of inclusion and amity will grow on a post-conflict land.
Fourthly, we should uphold multilateralism. We should give full play to the role of the UN and observe international laws and basic norms governing international relations. Chapter Seven of the UN charter is not the only means for the Security Council to maintain international peace and security. We should make a better use of the means of prevention, mediation and conciliation stipulated in Chapter Six, and support regional organizations and States therein to address regional issues in their own ways.
On the issue of Syria, China always claims to respect its sovereignty, independence, unity and territorial integrity, opposes to armed sanctions in any form, calls for solution of disputes and conflicts by peaceful means of negotiation and consultation, urges all parties in Syria to act in the future interests and destiny of their country and their people, and actively supports the mediation efforts of the UN Secretary General and his special envoy, so as to give peace a chance.
On the issue of Ukraine, China welcomes and supports the Minsk ceasefire agreement and urges all parties in Ukraine to strictly implement it and seek a comprehensive, sustained and balanced political solution through political dialogue and negotiation. China hopes that the UN play its due role in finding a proper solution to the Ukraine crisis, and supports the constructive efforts made by international community to ease the humanitarian situation in East Ukraine.
On the issue of Palestine, China calls on Israel and Palestine to secure durable ceasefire, urges Israel to lift its blockade on the Gaza Strip and stop building settlements. At the same time, the legitimate security concerns of Israel should be respected. Advancing peace in the Middle East, the Security Council should play its due role in responding to the demand of Palestine and Arab League.
On the Issues of Iraq, the UN Security Council in June 2013 adopted a resolution ceasing the sanctions against Iraq which had long been maintained since the 1990s. China supports the efforts made by Iraq in maintaining its sovereignty, independence and territorial integrity and hopes that the Iraqi government can lead all of its people to jointly devote themselves to national construction and development in the spirit of inclusion and reconciliation. China calls for the strengthening of humanitarian aids to Iraq. In addition, in order to combat the continuous terrorist threats in the region, the Security Council in August 2014 adopted a resolution on sanctions against extremist Islamist groups in Iraq and Syria, in an attempt to cut off funding to these groups. China also voted in favor of the resolution.
On the Iranian nuclear issue, China suggests that all parties should show sincerity, make further efforts in the spirit of mutual respect, equality, coordination and mutual accommodation, and work hard to tackle the most difficult issue, so as to reach a win-win agreement that is comprehensive, fair and balanced.
On the issue of the South Sudan, China calls on the two sides of the conflict immediately effect a ceasefire, actively conduct political dialogue in the overall interests of the people in South Sudan, and, through the mediation of IGAD, work with all ethnic groups and parties in the country to speedily reach a fair and balanced solution and achieve national reconciliation and ethnic unity.
On the issue of Afghan, China welcomes and supports the democratic election of new heads of the country and its government , and will continue supporting the Afghan people's pursuit of smooth political, security and economic transition, of unity, stability, development and amity, and of an Afghan-led and Afghan-owned peace process.
Regarding the Korean Peninsula, China calls on all parties concerned to act in an objective and impartial way, remain committed to the goal of denuclearization of the Korean Peninsula, firmly uphold peace and stability on the peninsula, and endeavor to resolve the issues through dialogue and consultation. The Six Party Talks remains the only viable and effect way to resolve the nuclear issue on the Korean Peninsula and should restart as soon as possible.
China firmly opposes all terrorist acts and supports the international community in responding to the threat posed by terrorist forces in a coordinated and concerted way in accordance with relevant Security Council's resolutions. China believes that in conducting international counter-terrorism cooperation, we should take a multipronged approach to address both the symptoms and root causes of terrorism, and that the UN and its Security Council should fully play their leading role. China specially emphasizes that there should be no double standard in fighting terrorism and still less should terrorism be identified with any particular ethnic group or religion. The global fight against terrorism should focus on combating religious extremism and cyber terrorism, resolutely eliminate the root causes of terrorism and extremism and block channels of spreading them, and crack down hard and effectively on the use of the internet and other new means of communication by terrorists to instigate, recruit, finance or plot terrorist attacks.
VI China Actively Participates in the UN Peace-keeping Actions
China, as a permanent member of the UN Security Council, has taken part in the UN peace operations for 25 years, becoming a principal contributor of troops and funds to these operations. To support the improvement and strengthening of the UN peace operations, Chinese President Xi Jinping in his speech at the UN Peace-keeping Summit on September 28, 2015 announced six new measures adopted by China as follows:
First, China will join the new UN Peacekeeping Capacity Readiness System and has thus decided to take the lead in setting up a permanent peacekeeping police squad and build a peacekeeping standby force of 8,000 troops.
Second, China will give favorable consideration to the UN request for more Chinese engineering troops, transport infrastructure and medical staff in the UN Peacekeeping operations.
Third, in the coming five years, China will train 2,000 peace-keepers for other countries, and carry out 10 mine clearance assistance programs which will includes provision of training and equipment.
Fourth, in the coming five years, China will provide free military aid of US$ 100 million to the African Union to support the building of the African Standby Force and the African Capacity for Immediate Response to Crisis.
Fifth, China will send its first peace-keeping helicopter squad for the UN peacekeeping operations in Africa.
Sixth, part of the China-UN peace and development fund will be used to support the UN peacekeeping operations.
VII China Actively Promotes the Construction of Peace and Rule of Law in Conflict and Post-Conflict Societies
The concept of building peace has been extensively used and continuously developed in the UN. The UN Secretary-General Ban Ki-Moon in his report dated on 23 September 2014 stated that “[p]eacebuilding represents the sum of our efforts to create the foundations for sustained peace after conflict. It is carried out by peacekeeping operations, special political missions and United Nations country teams, consisting of agencies, funds and programmes. It requires firm and continued support from Member States, and lies at the very heart of our ambitions in countries emerging from conflict.”
China has been a permanent member of the UN Peace Building Commission (PBC) since 2005 and has played an important role in its establishment and operation. on 25 June 2015, the permanent representative of China in the UN Liu Jieyi expressed the view at the open review meeting of the report of the PBC that the leading role of the state party is the basis of the work of the UN PBC, and international society should practically respect the state party's sovereignty and its dominant role; international interference should be conducted at the request of the state party according to the priority areas and route maps provided by the state party. He further pointed out that the operation of peace-building should be based on “one state, one policy” strategy. The coverage of the peace building operations should include security, development and other social fields, and the government of the state party, its people, the UN agencies concerned, and other international or regional organizations and international financial agencies, all are important participants. Each participant should play its own part on the one hand, and collaborate with other participants on the other hand. He hoped that the UN PBC could promote the collaboration of all participants, thus formulating a joint force in the peace building operations.
VIII China Advocates and Promotes Rule of Law for Security of the Asian and Pacific Region
1. To Advocate the New Concept of Asian Security
On 21 May 2014, Chinese President Xi delivered a keynote speech at the Fourth Conference on Interaction and Confidence Building Measures in Asia (CICA) to systematically elaborate the new Asian security concept, namely the common, comprehensive , cooperative and sustainable concept of Asian security. This new Asian security concept includes seven core elements as follows:
Firstly, “common security means respecting and ensuring the security of each and every country.” “We all live in the same Asian family. With our interests and security so closely intertwined, we will swim or sink together and we are increasingly becoming a community of common destiny.”
Secondly, “security must be universal. We cannot just have the security of one or some countries while leaving the rest insecure, still less should one seek the so-called absolute security of itself at the expense of the security of others.”
Thirdly, “security must be equal. Every country has the equal right to participate in the security affairs of the region as well as the equal responsibility of upholding regional security.”
Fourthly, “security must be inclusive. We should turn Asia's diversity and the differences among Asian countries into the energy and driving force for regional security cooperation. We should abide by the basic norms governing international relations such as respecting sovereignty, independence and territorial integrity and non-interference in internal affairs, respecting the social systems and development paths chosen by countries on their own, and fully respecting and accommodating the legitimate security concerns of all parties.”
Fifthly, “comprehensive security means upholding security in both traditional and non-traditional fields.” We should take into full account of the historical background and reality of Asia's security issues, adopt a multi-pronged and holistic approach, and enhance regional security governance in a coordinated way.”
Sixthly, “operative security means promoting the security of both individual countries and the region as a whole through dialogue and cooperation.”
Seventhly, “stainable security means that we need to focus on both development and security so that security would be durable.” “Development is the foundation of security, and security the precondition for development.” And “for most Asian countries, development means the greatest security and the master key to regional security issues.”
2. To Carry forward Bandung Spirit and Promote Construction of New International Relations and Community of Human Common Destiny
On 24 April 2015, the leaders of Asian and African countries were gathered in Jakarta to commemorate the 60thanniversary of the Bandung Conference, and to discuss important issues bearing on friendship and cooperation between Asia and Africa as well as development and rejuvenation in respective countries. Chinese President Xi Jinping in his speech highlighted the significance of Bandung Conference in 1955, by stating that “on the basis of the Five Principles of Peaceful Co-existence, the Conference put forth the ten principles for the handling of stateto-state relations, which played a historic role in charting the right course for international relations, advancing Asia-Africa and South-South cooperation, and promoting North-South cooperation. The Bandung Conference, indeed, stands as a major milestone for the solidarity and cooperation between Asian and African peoples.” He pointed out that “the Bandung Spirit under the new circumstances retains strong vitality.”In order to carry forward the Bandung Spirit by enriching it with new elements consistent with changing times, by pushing for a new type of international relations featuring win-win cooperation, by promoting a more just and equitable international order and system, and by building a community of common destiny for whole humanity so as to bring about even greater benefits to the people in Asia, Africa and other parts of the world, he emphasized three points for all Asian and African countries: (1) deepening Asian-African cooperation, especially seeking common ground while shelving differences, and be open and inclusive;(2) expanding South-South cooperation, especially making good use of the Non-Aligned Movement, the Group of 77 and other groupings, strengthening cooperation platforms such as the Conference on Interaction and Confidence-Building Measures in Asia (CICA) and BRICS, encouraging dialogue and exchanges among regional organizations of developing countries, and exploring new frameworks for South-South cooperation; (3) promoting North-North cooperation, which is not only an issue of economic development, but also relates to the peace and stability of the world.
3. To Develop Good Relations with Neighboring Countries
China has long been insisting on a friendly neighbor policy. Since its implementing the reform and open policy, it has lifted this traditional good neighboring policy up to a diplomatic policy of “Good neighbor, Safe neighbor and Enriched neighbor”. In practice, China has established sustained and steady security relations with neighboring countries by concluding the treaty of good neighbor and friendly cooperation, which is regarded as a “new century treaty” with characteristics of nonalignment, non-confrontation and not targeting at any third country. It completely abandons the thinking that non-alignment means a cold war, and represents a new type relationship between states by seeking security with mutual trust and cooperation with mutual benefit. Since the turning of the twenty-first century, China has concluded treaties of good neighbor and friendly cooperation with a number of neighboring countries, such Russia (2001), Kyrgyzstan (2002), Kazakhstan (2002), Pakistan (2005), Afghanistan (2006)and Tajikistan (2007). In addition, China has concluded friendly cooperation treaties with Uzbekistan and Mongolia and the treaty of friendship, cooperation and mutual assistance with DPRK.
During his attendance at 16th China-ASEAN (10+1) Summit, Premier Li Keqiang proposed to explore the possibility of signing the treaty of good neighbor and friendly cooperation between China and the ASEAN Member States, thus providing the strategic cooperation with legal and mechanism safeguard. At the Asian and African Conference to commemorate the 60thanniversary of the Bandung Conference, Chinese President Xi Jinping expressed that China would like to negotiate and conclude such treaties with all neighboring countries.
4. To Peacefully Settle Territorial Disputes with Countries Concerned According to International Law
China is a country who has the largest number of neighbors (altogether 14 neighboring countries), with land borders of over 22,000 km and coastlines of over 18, 000 km. Through continuous efforts of over 60 years since 1949, China had defined land borders with 12 neighboring countries by the end of 2008, except for India and Bhutan, thus changing the status of “unbounded borders” that had lasted for thousands of years and ending boundary conflicts that had lasted for the past hundreds of years. In the past, Chinese borders had been described as a “source of turbulence” by the West, but now they become the foundation of the Asian security and development.
At present, China still has disputes over land borders and maritime rights and interests with some countries. However, China always insists that all these disputes should be settled through friendly consultation and negotiations. China's position on the issue of the South China Sea has been consistent and manifest, that is, China has indisputable sovereignty based on adequate historical and legal evidences over the South China Sea Islands (the Dongsha Islands, the Xisha Islands, the Zhongsha Islands and the Nansha Islands) and the adjacent waters, and that any sovereign disputes and overlapping claims concerning some islands in the South China Seas should be resolved or settled based on historical facts and international law. On the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines, the Chinese government issued a Position Paper on 7 December 2015, particularly emphasizing points as follows:
(1) The essence of the subject-matter of the arbitration is the territorial sovereignty over several maritime features in the South China Sea, which is beyond the scope of the Convention and does not concern the interpretation or application of the Convention;
(2) China and the Philippines have agreed, through bilateral instruments and the Declaration on the Conduct of Parties in the South China Sea, to settle their relevant disputes through negotiations. By unilaterally initiating the present arbitration, the Philippines has breached its obligation under international law;
(3) Even assuming,arguendo, that the subject-matter of the arbitration were concerned with the interpretation or application of the Convention, that subjectmatter would constitute an integral part of maritime delimitation between the two countries, thus falling within the scope of the declaration filed by China in 2006 in accordance with the Convention, which excludes, inter alia, disputes concerning maritime delimitation from compulsory arbitration and other compulsory dispute settlement procedures;
(4) Consequently, the Arbitral Tribunal manifestly has no jurisdiction over the present arbitration. Based on the foregoing positions and by virtue of the freedom of every State to choose the means of dispute settlement, China's rejection of and non-participation in the present arbitration stand on solid ground in international law.
5. To Actively Establish and Take Part in Sub-Regional Security Platforms or Mechanisms
Although there has not yet formulated any region-wide organization or mechanism in political and security fields in the Asian-Pacific area, various sub-regional security organizations or mechanisms have played their distinct roles . So far those influential sub-regional ones include Shanghai Cooperation Organization (SCO), Conference on Interaction and Confidence-Building Measures in Asia (CICA), ASEAN, East Asia Summit, ASEAN Regional Forum, Shangri-la Dialogue, ASEAN Defense Ministers' Meeting-Plus (ADMM-Plus), etc.
5.1 Establishment of SCO, Its Summit Meeting and Cooperation Mechanism
SCO is the first international organization set up in China and named after a Chinese city. It was formulated on 15 June 2001, based on the previous mechanism of summit meeting between the heads of state in Shanghai. Its Member States include China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. SCO particularly focuses and endeavors to by all means to safeguard regional security. It set up SCO Counterterrorism Center in Bishkek, Kyrgyzstan. In addition, in order to prevent and combat transnational crimes, such as illegal sale of weapons, drugs, illegal immigrants, etc, SCO has devoted to formulating related multilateral documents of cooperation. For example, heads of SCO Member States signed the Convention on combating Terrorism, Separatism and Extremism in Yekaterinburg on 16 June 2009, which came into force on 14 January 2012. Again, on 28 December 2014, the Standing Committee of the National People's Congress ratified the Shanghai Cooperation Organization Convention on Anti-Terrorism Conventions. The Convention is a comprehensive one on combating terrorism, laying a solid international legal foundation and forceful mechanism to attack “the three forces” and maintain the regional security.
5.2 Promoting the Establishment and Improvement of China-ASEAN Security Cooperative Mechanisms
The coverage of China-ASEAN security cooperation is broad, covering defense and many aspects of non-traditional security, such as anti-terrorism, maintenance of peace, disaster relief, maritime safety, combating transnational crimes, etc. The China-ASEAN security cooperation has been continuously deepening.
In November 2002, leaders of both sides issued the China-ASEAN Joint Declaration Concerning Cooperation on Non-Traditional Security, triggering the systematic and comprehensive cooperation between the two sides in the field of non-traditional security. In January 2004, both sides further signed the China-ASEAN Memorandum of Understanding Concerning Cooperation on Non-Traditional Security, and China sponsored and participated in the first ministerial conference among the ASEAN, China, Japan and Republic of Korea (10+3) held in Bangkok on combating transnational crimes. At this conference, China submitted its concept paper, and the ministers agreed to set up the 10+3 cooperative mechanism on combating transnational crimes and for the first time adopted a joint communiqué.
Considering that maritime crimes often takes place in China and the ASEAN, such as associated robbery, smuggling and secretly ferry, trafficking of drugs and firearms, etc., China and the ASEAN jointly sponsored in August 2006 the “Cooperation in Maritime Law Enforcement Seminar” in Dalian, China, exploring the effective law enforcement cooperative mechanism so as to maintain the maritime security in the region.
Defense cooperation is an important part of China-ASEAN cooperation. In recent years, exchanges and cooperations between both sides in the field of defense have kept deepening in various forms. Bilaterally, China has set up defense consultation mechanisms and carried on joint military exercises and training with armies of some ASEAN Member States. In the multilateral framework, China sponsored meetings of security policy at the ASEAN Regional Forum, held seminars on disaster relief by armed forces, and 10+3 symposium on armed forces and non-traditional security, etc. In addition, China became the first state outside the ASEAN who acceded to the Treaty of Friendship and Cooperation in Southeast Asia in 2003.
At present, both sides have formulated multi-level political and security cooperation mechanisms, including: (1) China-ASEAN (10+1) Summit, (2) ministerial conference mechanism, (3) (10+1) Defense and Security Dialogue meetings, (4) Working-level dialogue and cooperation mechanisms.
At the 10th East Asia Summit on 22 November 2015, Premier Li Keqiang specially expatiated the principle and position of the issue of South China Sea. He made five proposals to jointly maintain the peace and security of South China Sea by all states concerned as follows:
First, all countries make the commitment to observing the purposes and principles of the UN Charter, defend the outcome of WWII and post-war order, cherish hardwon peace, and jointly safeguard peace and stability in the world and the region, including in the South China Sea.
Second, sovereign countries directly concerned undertake, in accordance with universally recognized principles of international law, including United Nations Conference on the Law of the Sea (UNCLOS) of 1982, to peacefully settle sovereign and jurisdictional disputes through friendly consultation and negotiation.
Third, China and ASEAN countries commit themselves to full and effective implementation of the Declaration on the Code of Conduct on South China Sea (DOC) in its entirety, strive for an early conclusion of a code of conduct (COC) on the basis of consensus, and take steps to improve regional mechanisms for mutual trust and cooperation.
Fourth, countries from outside the region undertake to respect and support efforts by countries in the region to uphold peace and stability in the South China Sea, play a positive and constructive role, and to refrain from taking actions that may cause tensions in the region.
Fifth, all countries undertake to exercise and uphold the freedom of navigation and overflight in the South China Sea in accordance with international law.
5.3 Participating in and Holding the CICA
The Conference on Interaction and Confidence-Building Measures in Asia (CICA) is a regional intergovernmental forum for enhancing cooperation in promoting peace, security and stability in Asia. It is based on the recognition that there are close links between peace, security and stability in Asia and in the rest of the world. The idea of convening the CICA was first proposed by Kazakhstan President Nursultan Nazarbayev on 5 October 1992, at the 47th Session of the United Nations General Assembly. The proposal for convening the CICA was welcomed by a number of Asian States. Currently there are 26 Member States cross all sub-regions of Asia with different political and economic systems, religions and stages of social development. In addition, there are 12 states or international organizations participating in the CICA as its observers. Its operation mechanism is mainly featured by its regular Ministerial Meeting and the Summit, which are both held every four years. The CICA aims at strengthening dialogue and cooperation and promoting Asian peace, security and stability through the adoption of multilateral confidence measure. So far it has formulated such confidence measures in five areas, namely, military politics, new threats and new challenges, economy, ecology and humanities.
China has actively participated in all sessions of the CICA. It holds presidency from 2014 to 2016. The 4th Summit of the CICA was held in Shanghai, China on 21 May 2014. At this Summit, Chinese President Xi Jinping delivered a keynote remark in which he highlighted the concept of common security, cooperative security and comprehensive security, thus formulating a new concept of Asian security and proposed to build a new Asia of peace, stability and cooperation.
IX Some Constructive Suggestions
China, as a responsible power in the world, has played an imperative role and contributed much to the rule of law in the maintenance and promotion of international peace and security. Looking ahead, the maintenance of global and regional peace and security is the eternal primary mission of the international community. Rule of law has always been an important means and route in this aspect, but there is still gaps to be filled. With the pushing forward of China's peaceful development, China should do more and exert a greater impact on the rule of law in international peace and security. Therefore, some suggests are put forward as follows:
In respect of construction of rule of law in international peace and security, firstly, China should submit a deliberated plan or suggestion which reflects both the wills of the majority of the UN member states and the core interest of China to reform the current UN collective security system. The core issue of the UN collective security system reform has long been the composition and decision-making process of the Security Council. The reform proposed by China should take into consideration and balance various factors. For instance, concerning the issue of expanding the permanent membership of the Security Council, China should take the position that the candidate states must meet at least three conditions: 1) having representativeness in terms of regions and types of state (developed country, developing country and newly emerging economy country); 2) having international reputation to be peaceloving; and 3) having contributed much to the maintenance of international peace and security. In terms of decision-making process of the Security Council, China should insist on the established principle of unanimity of big powers on the one hand, and adequately enhance the decision-making power of the expanding non-permanent states on the other. In addition, China should increase appropriately its participation in the UN peace building actions, especially in the various UN rule of law projects in conflict and post-conflict societies, so as to enhance China's say and influence in rule of law in the UN maintenance and construction of international peace.
Regarding promotion of rule of law in peace and security at regional and sub-regional levels, China should focus on the rule of law in building and enhancing a regional security system of Asia aiming at the sustainable peace and stability, in addition to continuously making an adequate use of the SCO and all other regional or sub-regional dialogues, forums and mechanisms. On the issue of South China Sea, China should continue its efforts in promoting the negotiation and conclusion of Code of Conduct for parties on the South China Sea, based on the current DOC. At the same time, China should actively trigger negotiation and conclusion of the treaty of good neighbor and friendly cooperation between the ASEAN Member States and China, so as to realize the establishment of China-ASEAN comprehensive strategic partnership. In terms of territorial and maritime disputes over the South China Sea and the East China Sea, China should unswervingly adhere to the settlement of disputes by peaceful means of dialogue, consultation and negotiation instead of other means, so as to always master the initiative and flexibility.