Continue strengthening China -Africa international law exchanges and cooperation
September 14, 2022 09:39 Source: "China Social Sciences" September 14, 2022 Total Issue 2491 Author: Zhu Weidong

The Eighth Ministerial Meeting of the China -Africa Cooperation Forum "China -Africa Cooperation Forum -Dakar Action Plan (2022-2024)", which was adopted on November 30, 2021, emphasized,China and Africa "We should continue to strengthen exchanges and cooperation in the field of rule of law" "jointly committed to the improvement and improvement of the existing international rule of law system"。Africa is the most concentrated mainland in developing countries,China is the largest developing country,China Africa attaches great importance to and strengthens exchanges and cooperation in international law.、Important practical significance and feasible implementation path。

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First,Chinese and African countries have made their own contributions to the development of international law。Professor Sani Mohammed Director of the Institute of Africa Africa International Law once pointed out,In the formation of international order after World War II,China and Africa are regarded as "second -class citizens",The role is underestimated for a long time。After getting rid of colonial rule in China and African countries,,They actively participate in international affairs,Make their respective contributions for the formulation and improvement of international rules。such as,Niireism inherited from the inheritance of the national treaty proposed by African countries、The concept of the exclusive economic zone of the marine exclusive has been adopted by the "Vienna Convention on the Treaty" and "UN Ocean Law Convention"。The "Five Principles of Peace Coexistence" proposed by the Chinese government for the first time has become a basic principle of international law,It is the supplementary and development of the United Nations Charter; China creatively proposes the "one country, two systems" policy,Properly solved Bet365 app download the Hong Kong left by history、Macau Question,enriched the content of international law; the concept of building a community of human destiny proposed by President Xi Jinping was also written into the United Nations resolution,enriched the idea of ​​international legal rule of law,Get the recognition and acceptance of more and more countries and international organizations in the world。

Next,China and the majority of developing countries, including African countries, have joined hands to promote the development and improvement of international rules,Make international political and economic order in a more reasonable direction,strongly safeguarded the interests of developing countries。At the Bandung Conference in 1955,China and other Asian -African countries propose ten principles to deal with the relationship between state,It is the rich and concrete of the UN Charter; according to the Asian -African Legal Consultation Organization established by the Bandung Conference, it has become an important platform for coordination and cooperation between China and Asian and African countries in the field of international law; in the 1960s and 1970s,The UN General Assembly adopted a series of conference resolutions such as the "Declaration on the Independence of the Colonial State and the People", the resolution on the permanent sovereignty of natural resources ", and the international law of international law in accordance with the UN Charter,Some have become an important part of the international customary law; since the 1980s,China and the majority of developing countries, including African countries, are still in the International Oceanic Law、International Environment Law、International Human Rights Law、The field of multilateral trade has proposed many important international law principles,If the principle of "human inheritance of property together"、The principle of "common but different responsibilities"、"The right to survive and development as the basic human rights" principle、The principle bet365 live casino games of "Special and Differential Treatment", etc.。

Last,China and African countries also support each other's reasonable demands based on international law,Support each other's reasonable suggestions and proposals for reform and improve international rules。such as,In the 2016 South China Sea Arbitration Case,A reasonable stance on China on the issue of the South China Sea in accordance with the international law,There are more than 30 African countries clearly supporting; the Chinese government submitted in writing in the International Court of Chagos Islands' Consultation Opinion Consultation Consultation,China has always firmly supported the United Nations non -colonization process,Fully understand and support the legitimate and reasonable demands of Mauritius on non -colonization issues。This opinion of the Chinese government has been appreciated by the majority of developing countries including Mauritius。The proposition of promoting the "Belt and Road" construction proposed by the Chinese government,African countries have also given positive response and strong support。

  Reality meaning

First, it is conducive to maintaining the United Nations Bet365 app download as the core、International system based on international law。Since the end of World War II,With the United Nations as the core、The international system based on international law is the world's overall peace、Stable and development provides institutional guarantee,It also provides a favorable environment for developing countries to win sovereignty independence and the rise of groups。Chinese and African countries work together,It can promote international law rules to obtain effectively,Make the international law not just a tool for some major powers to seek its own interests。

Second, it can promote the reform and improvement of international rules,Make new contributions to global governance。In specific international rules,,China and African countries can be based on bilateral and multilateral cooperation,Voice of the developing countries,Strive more right to speak。such Bet365 lotto review as,Reform in WTO、Protect biological diversity、Copy climate change、Network space management and other fields,Chinese and African countries can work together to play a greater role。Dean of the International Court of You Sufu has called on developing countries to inherit and carry forward the spirit of Bandung,Promoting the new development of international law in the new era,It is generally applicable to the increasingly active international exchanges and cooperation、More predictable and fair international law principles。

Third, you can combine unilateralism in some countries、Trade protectionism and bullying behavior。Today's world is undergoing a big change in a hundred years。Unilateralism、Trade protectionism and bullying actions obviously look up,Multilateralism and economic globalization encounters inverse flow,The authority and international order of international law are impacted。In this case,China and African countries should strengthen cooperation in the field of international law,Core worth promoting international law is maintained。

Fourth, it can provide legal guarantee for China -Africa high -quality co -construction of the “Belt and Road”。As of February 6, 2022,China has signed the "Belt and Road" file with 52 African countries,China -Africa economic and trade relations have been further developed。But China Africa in the process of co -construction of the "Belt and Road",Many legal issues also occurred,Need to attract the attention of both parties。such as,How to deal with the increasingly increasing civilian business、Investment dispute,How to effectively combat transnational crimes,How to strengthen international cooperation with anti -corruption,It has become a legal issue that both China and Africa urgently need to face。

  Implementation path

First,China and Africa can strengthen exchanges and cooperation in bilateral legal fields。such as,China Investment has spread to 52 countries in Africa,Civil and business between China and Africa、Criminal cases involve almost every Bet365 lotto review African country,But China only has effective bilateral investment protection treaties with 20 African countries,Only five African countries have effective bilateral civilian judicial assistance treaties and effective bilateral criminal judicial assistance treaties,An only except for extradition treaties exist in only 7 African countries,Only effective bilateral tax treaties exist in 13 African countries。So,China should vigorously promote the signing of bilateral investment protection treaties with more African countries、Civil and business affairs and criminal judicial assistance treaties、bilateral tax treaty, etc.,At the same time, actively promote the signing bilateral treaty to implement the effect,In order to create a solid bilateral legal framework for the long -term development of China -Africa economic and trade relations。

Next,China and Africa should pay attention to carrying out legal exchanges and cooperation in multilateral fields。such as,In the field of people and business,China can strengthen cooperation with African countries with African countries and cooperation with relevant institutions of the United Nations,To fast、Properly solve the increasing number of people and business cases between China and Africa; in the investment field,China and Africa can strengthen cooperation under the framework of "The Washington Convention on Solving the State and the National Investment Controversy of the Country"。other,For the problem of solving the problems existing in the international center of investment disputes and the current reform,China and Africa can jointly put forward suggestions on the reform of the center to reflect the needs and interests of developing countries; in terms of anti -corruption and cracking down on multinational crimes,China Africa can cooperate in the framework of the United Nations Anti -Corruption Convention and the United Nations Convention on Cross -National Organizational Criminals,Campaign various commercial bribery and other multinational crimes,The healthy development bet365 best casino games of the healthy development of China and Africa's investment。

again,China Africa should also strengthen the legal cooperation in the Asian illegal law -based negotiation organization。Asian -African Legal Consultation Organization is currently the only intergovernmental legal negotiation organization in the Asian Africa region,Its purpose is to provide consultation for governments of various member states in the field of international law,Provide forums for cooperation for Asian -African countries to cooperate on the legal issues of common concern,It is a legal person on the two continents of Asia and Africa to dialogue on legal issues、Platform of exchange experience。16 African Member State 16,China joined the organization in 1983。So,This organization is also an important platform for legal exchanges between legal persons in China and African countries。China can strengthen cooperation with the organization,Negotiations and consultations on legal issues that China and African countries are concerned,Develop a corresponding convention or demonstration method,Reduce legal conflict between countries along the route,Strengthen the people and business between countries along the route、Criminal Judicial Assistance,Fighting all kinds of multinational crimes,Avoid double taxation,The successful implementation of the "Belt and Road" initiative to build a solid legal "firewall"。

Last,Expand the exchanges and cooperation between China -Africa international law scholars。Since the "Shamhayh Action Plan (2010-2012)" proposed, China -Africa has decided to organize the "China -Africa Cooperation Forum -Legal Forum",The legal circles of both China and Africa have held six consecutive legal forums。China and Africa can continue to improve the construction of the "China -Africa Cooperation Forum -Legal Forum" mechanism,Hold the "China -Africa International Law Forum" or "International Law Forum of the Development Country" in a timely manner,platform for international law scholars in China and African countries and other developing countries,Call for an international rule with unreasonable reforms,Better maintenance with the United Nations Bet365 app download as the core、International order based on international law。

  (This article is the "African Localization Legislative Research" (19vjx062) phased achievement)

(The author is the director of the African Legal Research Center of the West Asian Africa Institute of the Chinese Academy of Social Sciences、Researcher)

Editor in charge: Chen Jing
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