In modern times, law has been fully involved in politics, economy, culture, environment issues and many other social aspects. There is an increasingly urgent need to approach traditional political, economic, and cultural diplomacy from a legal perspective. This requires states to enshrine the concept of the rule of law in diplomatic activities, to find the legal agenda in diplomacy, to convert relevant political, economic, cultural, and military issues into legal issues, and to resolve thorny disputes through legal procedures. In this view, Chinese jurists put forward the concept of “law diplomacy”. The concept offers a new perspective to observe and consider diplomatic issues and an additional dimension for handling foreign relations. In law diplomacy, legal awareness and the concept of the rule of law run throughout diplomatic activities, and relevant diplomatic issues are converted into legal issues and handled within legal procedures. As a result, with improved diplomatic methodologies, diplomatic disputes are resolved according to law and a new phase of diplomatic work is ushered in. Law diplomacy thus becomes a concept in parallel with political diplomacy, economic diplomacy, cultural diplomacy, and military diplomacy. It includes not only legal-related activities in traditional foreign diplomacy such as legal assistance, the signing of treaties, international litigations, but also any form of diplomatic activities that use law as their content, mechanism, and intermediary. It is a new concept with innovative values, representing the major transition and enrichment in China’s diplomatic thinking and mechanism.

I. The Inception of Law Diplomacy

The world is in a period of rapid development, fundamental change, and tremendous transformation. Due to the deepening multi-polarization, accelerating economic globalization and regional integration, and the development of science and technology, ideas, thoughts, and cultures exchange, integrate and compete with each other, intensifying the contest and gaming among divergent interests. As a rule respected and observed by the international community and an effective approach to manage international relations, law is a product of human rational thinking for resolving disputes, a role widely accepted by all civilized countries. The place and importance of law in today’s world has become increasingly prominent. Law diplomacy is not only a product of the transforming international and domestic contexts, but also a product of the changing times.

The international context includes: first, a multi-polarizing world has a far-reaching impact on law diplomacy. This multi-polarizing trend starts from the purposes of the UN Charter and principles and norms in international relations, reflects the aspirations shared by mankind for safeguarding peace, enhancing cooperation, and common development. A multi-polarizing world requires every state to comply with the purposes and principles of the UN Charter, firmly observe international law and universally recognized norms governing international relations, and actively promote the democratization of international relations. This trend also underlines the fact that law is playing a more and more important role in a broader scope and at a deeper level. As an important force driving the world towards multi-polarity, China will unswervingly adhere to the path of peaceful development. China’s peaceful rise has deep and far-reaching worldwide implications, not only transforming Asia’s regional configuration, but also tilting the world toward a greater and more general balance of power, thus creating a favorable international context for law diplomacy. On the other hand, China’s peaceful rise and its grand strategy of building a nation based on the rule of law will further promote its favorable image of a responsible major power beneficial to maintaining a peaceful and stable world and to promoting the world order and the international system to evolve in the direction of becoming more just and equitable.

Second, economic globalization exerts a major influence on law diplomacy. With the expanding of social productive forces and the daily advancement of science and technology, individual economies and regional economies have interlinked, integrate with and depend on each other in terms of production, circulation, distribution, and consumption, forming an organic and inseparable whole. As a result, large numbers of economic and trade regulations, norms, and institutions come into being, of which the World Trade Organization (WTO) and its evolvement is the most typical. It can be predicted that law is supposed to be playing an increasingly important role in addressing economic and trade issues emerging one after another as a result of the deepening economic globalization. This calls on the jurist academia and law professionals in all countries to increase exchange and communication and to better understand each other’s laws and regulations, so as to provide a strong and firm guarantee for the sustainable development and common prosperity in the global economy. At the same time, economic globalization has changed the value orientation of law and the way it operates and governs. For example, different legal systems, legal units, and legal institutions are showing signs of convergence to a certain degree. It facilitates the mobility of jurists and law professionals among countries, explores and diversifies the channels and means of legal services, draws closer the legal ideas, notions, and basic legal values of different countries, provides infinite opportunity for law diplomacy, and enrich the form and substance of law diplomacy. In the spread and exchange of legal cultures, plural subjects of various legal institutions and systems possess common development principles for the progress of worldwide legal civilization, and in some aspects merge and integrate with each other, forming an interdependent and interrelated confluence of internationalization.

Third, regional economic integration has an noticeable impact on law diplomacy. The cornerstone for regional economic integration is the free trade agreement, i.e. a specialized trade arrangement for the trade liberalization between two or more countries and regions. The essence of free trade agreement is to lift tariffs on goods trade and non-tariff barriers, further open markets of goods trade, technology trade, service trade, investment, and intellectual property rights. The legal foundations for free trade agreement are international treaties and relevant international regulations and organizational laws. For instance, the legal foundation for the European Union are the Treaties of the European Union and the Amsterdam Treaty and many other treaties and protocols signed by all EU members; the legal foundation for the ASEAN Free Trade Area are the twelve basic documents including the Bangkok Declaration and the Treaty of Amity and Cooperation in Southeast Asia.

The drafting, implementation, and interpretation of these legal documents serve as a broad platform for law diplomacy. The inception, functioning, and evolution of regional economic integration will not be possible without relevant laws. The development of free trade area makes it imperative that law diplomacy should be carried out in a deeper, more frequent, practical, and timely manner, resulting in a trend of legal integration. Through the convergence of different laws and the coordination of various economic policies, member states of a free trade agreement can get a better understanding of each other’s laws, or make new rules on the basis of this understanding, promoting, specifying, and innovating exchange among the jurist academia and law professionals in a relatively short period of time and narrow scope.

Fourth, a few cases of new science and technology issues also exert no little influence on law diplomacy. With the economic globalization in an information age of science and technology, hotspot issues concerning the international community such as gene and cloning technology, new energy, environmental protection, the exploration of outer space present tremendous challenges for traditional legal thoughts and ideas. These issues affect human existence, social ethics, and the continuation of civilizations, and are deeply involved in sovereignty and fundamental interests of a nation. The clash and confrontation among divergent legal thoughts and ideas resulting from these issues call for deep rethinking, re-understanding and innovation of law. Take China’s advocacy of “ the peaceful use of outer space and preventing any weaponization of outer space and any arms race in outer space” as an example. The existing relevant legal documents are inadequate to effectively prevent the weaponization of outer space and any arms race in outer space, so it is not only necessary that the jurists and law professionals increase exchange and communication to improve relevant laws, but also imperative to rethink the traditional beliefs, thoughts, and ideas about law from the perspective of Mankind as a whole, transcending national sovereignty, space and time.

The inception of law diplomacy is also due to China’s domestic context. First, China’s rising comprehensive national strength has laid a solid foundation for law diplomacy. After more than three decades of the reform and opening up policy, China’s international standing and influence have been elevated and expanded noticeably, as a result of its rising overall strength. The year 2012 witnessed China’s GDP growth rate stand at 7.8%, reaching a total of 51.4 trillion RMB. As the world’s biggest developing country, China has never stopped making new progress in building socialist new villages, strengthening innovative capabilities, manned space program, import & export, improving people’s livelihood standard, advancing socialist democracy and socialist rule of law. As a permanent member state of the UN Security Council, China has been playing an increasingly important constructive role in international affairs and expanding its worldwide influence through comprehensive diplomacy, which is universally welcomed and respected by the international community. The growing national strength and international standing have created a favorable external environment for China to involve more actively in international law exchange and cooperation.

Second, the earnest implementation of governance through the rule of law contributes to the dynamic development of law diplomacy. The rule of law has become more and more important in the social and economic affairs in China, increasingly respected by both the government and the people. At the beginning of the new period of reform and opening-up policy, the central government set a clear and definite principle that the governance of the country must be based on law, and established the basic idea on the national legal system construction which ensured “that law are obeyed and strictly enforced and lawbreakers are prosecuted”. In 1997, “governance of the country according to law” and “building a socialist country based on the rule of law” has been respectively established as the basic strategy of governing the country and an important objective in the cause of socialist modernization. In 1999, “governance of the country according to law” and “building a socialist country based on the rule of law” has been written into China’s Constitution, marking a new chapter for the construction of China’s legal system. In 2007, the 17th CPC National Congress made it clear to fully implement the basic strategy of governing the country according to law and to speed up building a socialist country based on the rule of law, and carried out the overall planning of intensifying the construction of the socialist legal system. After many years of unrelenting efforts, the Chinese socialist legal system with the Constitution as its core has been generally established. The earnest implementation of the basic strategy of governing the country according to law has opened up broad prospects for law diplomacy. Meanwhile, non-governmental jurist exchanges have become more dynamic. In support of state foreign policies and focusing on national political and economic constructions, those flexible and adaptable non-governmental legal and jurist groups actively carry out and participate in activities of law diplomacy, significantly elevating the international standing and influence of China’s jurist academia and law professionals.

Third, the rapid growth in trade and investment has widened scope for law diplomacy. The deepening economic globalization and regional integration enable China to make full use of domestic and international resources and markets to expand its export markets and establish itself as a big trading power in the world. With the deepening of the reform and opening-up initiative, China’s “go global” economic strategy has also taken steady steps. An open economy has already taken shape and entered a new phase of development. Chinese companies and brands have penetrated international markets. International merger and acquisition, labor contracting, bids for foreign construction projects are increasing.

However, unfamiliarity with the laws in relevant countries and regions and with international trade norms and regulations has crippled some trade and economic cooperation projects, causing avoidable losses and expenses. Meanwhile, physical and financial security issues have been a growing concern for overseas Chinese nationals. People have come to realize the role of law in helping Chinese companies and people “go global” and responding to anti-dumping, anti-investigation, and anti-protectionism. We should use international laws and regulations to properly handle trade frictions and protect the legitimate rights and interests of overseas Chinese companies and citizens. At the same time, with the increased foreign investment made by foreign business and rapid economic growth, China has not only become the “world factory”, but also the destination of regional headquarters and R&D bases of multinational corporations. And China is on the road of becoming the world’s shipping, logistics, and purchasing centers. In the process of attracting foreign investment, foreign-related economic laws play an important role in encouraging foreign businesspersons to do business in China and protecting their legitimate rights and interests. In a sense, their investment is introduced to China by law. The growth of trade and investment has sped up the alignment of Chinese laws with international regulations and laws, expanded the scope of law diplomacy, enriched its content, and promoted its development. Providing long-term legal support and guarantee for the economic and trade cooperation between China and the rest of world has become an important mission in conducting law diplomacy.

Fourth, the substantial development of law education has provided adequate human resources for law diplomacy. After more than 30 years’ reform and opening-up programme, during which great importance was attached to law education, China has accumulated rich reserves of jurists and law professionals. China’s law diplomacy is now on the track of rapid development. By the end of 2006, some 603 institutions of higher learning had offered bachelor's degrees in law, with nearly 300,000 students majoring in law and a broad teaching faculty specializing in law education and research. In addition, some 333 institutions of higher learning and scientific research institutions were entitled to confer master's degrees in law, 29 were entitled to confer doctorates in law, and 13 law education institutions had launched mobile stations for postdoctoral law studies.[1] Professionals in legislation, judiciary and law enforcement have been expanding nation-wide. There are 300,000 people working in law courts, among which 180,000 are judges. There are nearly 160,000 people working in procuratorial organs, among which nearly 110,000 are procurators. By the end of 2011, there are 215,000 lawyers nationwide. Professionals specializing in law education, jurisprudence, and legal practice increase rapidly, forming rich reserves for law diplomacy. In addition, the expanding number of disciplinary programs and jurisprudence-specialized research institutions has provided strong technical and professional guarantee for law diplomacy.

The promotion of law diplomacy meets the trend of the times, elevates and expands the international standing and sphere of influence of the jurist academia and law professionals. It also promotes China’s international image as a country with integrity under the rule of law, contributes to the establishment of China’s discourse system in international law and the governance, maintenance, and normalization of international relations. Moreover, the promotion of law diplomacy plays an important strategic role in establishing a fair and just international order and system, and building a harmonious world of enduring peace and common prosperity.   

II. The Necessity and Values of Law Diplomacy

For China, a nation evolving from a big power towards a global power, carrying out law diplomacy is not only of short-term importance, but also with long-term strategic implications. The necessity and values of law diplomacy can been seen at least from six perspectives:

First, law diplomacy goes with the trend of the times. The rule of law is a consensus of a civilized world and mankind’s common aspiration. Moreover, it is the main theme of our times. More and more domestic issues are brought under the lens of law. Likewise, issues among different countries and regions, and many global issues should also be resolved under the rule of law. In the context of an international governance architecture under the rule of law, law diplomacy realizes the model change of transforming international affairs into legal issues, placing political, economic, cultural, military, and environmental issues under a legal agenda.

With the conversion of IR issues into legal issues, the international community steps out of a power politics age and enter a new age of pluralist coexistence. By far, bodies under the UN systems have been very active in promoting the rule of law at the national and international levels. The 2005 World Summit Outcome regards the rule of law as a value and principle, calls for its implementation at the national and international levels. The UN General Assembly, its Sixth Committee and International Law Commission are dedicated to the formulation of international treaties and codification of international law and make contributions to “international legislation”. The UN Security Council proactively prevents and resolves regional conflicts, establishes special criminal tribunals, bring to justice those breach international humanity law and human rights law, safeguarding international peace and security through the rule of law. International tribunals settle international disputes through judicial means. Their verdicts and consultative opinions clarify relevant rules and principles in international law, further enriching and developing the international law system.

Since 2006, the UN General Assembly has been discussing the issue of the rule of law at the national and international levels. In the debate of UN General Assembly’s Six Committee on “The Rule of Law at the National and International Levels”, Chinese representatives stated that the rule of law is the important symbol of human civilization and progress. The debate on this issue not only has the practical meaning of expanding international consensus of strengthening the rule of law, but also represents the common aspiration of the international community in making concerted efforts to build a world under the rule of law. In such a context, law diplomacy is the right track that goes with the trend of the times.

Second, law diplomacy is consistent with the Party and government’s judgment of the world trends and architecture and is the direction of the Party and the government’s future work. Former Chinese president Hu Jintao’s proposition made at the beginning of this century of building a harmonious society, a harmonious region, and a harmonious world was widely acclaimed. Under current developments and circumstances, the proposition made by the Chinese government to build a harmonious world focuses on adhering to democracy and equality to realize coordination and cooperation, on maintaining harmony and mutual trust to realize collective security, on upholding justice and mutual benefits to achieve common development, on expanding openness and inclusiveness to increase civilization exchanges. The promotion of international rule of law facilitated by law diplomacy contributes to safeguarding peace, promoting development and enhancing cooperation, and to achieving the objective of building a harmonious world.

Diplomacy is an art. The conversion of diplomatic issues into legal issues can dilute political ideology on one hand, and resolve disputes or at least anchor issues at the legal level on the other hand. Therefore, legal diplomacy is conducive to the peaceful and rational settlement of disputes and the construction of a harmonious world. And in the process of building a harmonious world, the legal approach to disagreements among nations, regions and interest groups is the best approach for obtaining optimized results. China’s proposal of building a harmonious world at the political level requires the practice of legal diplomacy at the legal level as the guarantee and guidance for realizing such a world.

Human history is a history full of warfare, blood, and tears. The relative peaceful time since the Second World War is the result of the universal respect for the UN and the observance of the UN Charter by member states. The founding of the UN and the adoption of the Charter represent a legal approach through which legal negotiations are conducted, treaties are made, international organizations are established, international conferences are convened—the very manifestation of law diplomacy. When disputes arise, states make efforts to resolve them through negotiation, mediation, and consultation, and discipline each other’s behaviour with official documents. To facilitate economic exchange and trade, states usually resort to agreements aimed at trade protection. To deepen the understanding of each other, states increase exchanges in legislation, jurisdiction, and law enforcement. These are all law diplomatic activities, attempts to handle political and diplomatic issues through legal thinking, legal means, and legal working mechanisms.

Third, law diplomacy represents China’s efforts in building a socialist country under the rule of law and its proactive involvement in constructing international rule of law. From the strategic perspective of fully implementing the general strategy of the rule of law, speeding up the construction of a socialist country under the rule of law, China explores its domestic experience, carries forward its excellent legal culture, and at the same time, learns extensively from other countries’ legal expertise and experience in rule of law, and has generally established its own socialist legal system capable of conducting legal exchange and interaction with other countries.

From the perspective of international law, the Chinese government attaches greater importance to the international rule of law and consciously practices it. China strictly observes the purposes and principles of the UN Charter, proactively contributes to “international legislation”, fully and sincerely abides by international treaties and obligations, acts strictly in accordance with the principles and rules of international law. Since 1978, the beginning year of the reform and opening-up policy, China has gradually involved itself in making international treaties in every field and has entered into more than 300 multilateral treaties and agreements and more than 17,000 bilateral treaties or documents with a bilateral nature. China sticks to its position that international disputes be resolved through peaceful means, and acting on that position, it resolves the Hong Kong issue and Macau issue with the UK and Portugal respectively through diplomatic negotiations and legal mechanisms, setting an example for the international community to peacefully settle remaining issues left by history. The Chinese government support the efforts made by the international community in punishing serious international crimes. After the Second World War, China participated in the Tokyo Trials. The Chinese government supported the establishment of International Criminal Tribunals for Rwanda and the former Yugoslavia, and supported the establishment of an independent, just, effective, and universal international criminal judicial body and participated in the negotiations on the Rome Statute of the International Criminal Court from beginning to end and made its due contributions. The promotion and practice of law diplomacy is the inevitable choice of China’s development and the requirement of China’s rule of law.

Fourth, law diplomacy is the necessary choice of elevating China’s international standing. Internationally speaking, “power” is the basis for diplomacy. There are hard power, soft power, and smart power. Hard power mainly refers to economic and military strength; soft power refers to cultural influence and cohesion; smart power refers to the ability to influence international rules and governing structure. The UN Charter and the WTO rules and regulations manifest US-led major countries’ influence on the making of international rules.

By far, China’s diplomacy has made significant and substantial progress in the economic, political, cultural fields. Further progress in law diplomacy will make our diplomatic work sounder, more stable comprehensive, and harmonious. Law diplomacy promotes the exchange between China and the rest of the world on the rule of law, and is significant to increase understanding, expand common ground, and strengthening the rule of law at the national and international levels. In this sense, law diplomacy will be sure to promote the diplomatic work of China to a higher level. Moreover, China now has the possibility of exporting its legal system. Its sphere of influence will be expanded through exporting its domestic legal principles, rules, and expertise.

From a historical perspective, law diplomacy is an important force elevating a rising power’s international standing. The Roman Empire conquered the world for three times, the first by war, the second religion, and the third law. For the UK where “the sun never sets”, its rising is the result of exporting its political systems, colonial expansionism, and the consolidation of colonies. Law is one of the three weapons of its rise. The UK enforced English law in its colonies (including case laws and statute laws), spreading its legal system worldwide, and safeguarded its rights and interests as a colonial power. The text of the French Civil Code and the spirit of “Liberty, Equality, and Fraternity” that the Code represented opened up a road for the exporting of French legal thoughts, values, and institutions to Latin America, North Africa, and North America. The telling example of the rising of the UK and France shows that the exporting of English and French domestic laws resulted in the establishment of the two legal systems----foundations for the legal systems of most countries in the world. Against the backdrop of economic globalization, the US is exporting its legal values, cultures, systems through capital export, political penetration, cultural exchange, and making international rules and regulations in order to strengthen its discourse and consolidate its standing as a superpower.

Fifth, law diplomacy helps to dispel some countries’ misunderstanding and suspicions of China and dismiss the prevalent “China threat” theory. The so-called “threat” theory is based on three concerns about China. First, the economic growth and scale of China is so fast and surprising that it is likely to undermine other economies. Second, China’s military capabilities are likely to threat others. Third, the large population and high energy consumption of China is a threat to the rest of the world.

Though those who are enthusiastic about spreading the “China threat” are few in number, the theory is detrimental to China’s development. The promotion of law diplomacy helps to reduce the concerns and misconceptions of some countries and their people. Law diplomacy features equality, stableness, continuity, and standardization. The observance of and respect for law will strengthen the confidence and belief of these countries and their people in China that it is a responsible major power, loving peace, honoring its commitment and never seeking hegemony. China holds that a country’s domestic legal system should be consistent with its national conditions. There is no universal legal system. Any effective legal system must be consistent with the country’s political system, historical and cultural traditions. Through law diplomacy, China can conduct deep exchanges with other countries in a more acceptable and communicative way. Moreover, law diplomacy shows China’s inclusiveness and open mind. China is not a nouveau riche country, and will not pose any threat to the world. Instead, China takes an equal and humble posture in communicating and exchanging with others, establishes mutual beneficial and mutual trust external relations and stick to the direction of non-hegemony.

Sixth, law diplomacy safeguards China’s interests and facilitates the smooth advancement of all its undertakings. The practice of law diplomacy requires that relevant institutions and professionals see diplomatic issues from the legal perspective, consider and handle them through legal thinking, convert economic, political, cultural, military, environmental, and human rights issues into legal issues. In this way, China’s national interests and diplomatic stance will be more legitimate and persuasive, more acceptable to the international community and the diplomatic initiative will be in our hands.

The significance of law diplomacy has already be proven by the practice of western powers which are adept at converting political and economic requests into legal issues and taking the initiative of making rules in international affairs. During the time of the Opium War and the Boxer Rebellion, the UK subjected China through rules and regulations concerning war, territory, and trade, covering its illegitimate ambitions under respectable laws, placing the victimized China on the disadvantageous position of breaching international law. Likewise, concerning the Diaoyu islands dispute, China rightly claims sovereignty over the Diaoyu islands according to the Cairo Declaration and the Potsdam Declaration. The claim is convincing and has more public credibility, because the two declarations are the legal basis for ending the wars between the Alliance and Japan, for the structure of the post-war Asia-Pacific order, and the legal foundation for the settlement of land disputes between China and Japan.

Therefore, learning and using law play an important role in taking the initiative in international relations. It is necessary for us to bring our requests for national development under the legal perspective and framework to win extensive support and earn greater legitimacy. At the same time, law diplomacy is conducive to the improvement of China’s international image, to building inter-state mutual trust at the legal level, and to the communication and cooperation on legal issues among nations. In addition, law diplomacy not only improves international legal mechanisms, but also helps safeguard China’s requests for rights and interests. Only by conducting extensive law diplomacy can we build sound external relations, institutes, and effective dialogue mechanisms, and better safeguard China’s national interests.

III. How to Conduct Law Diplomacy

Law diplomacy should be conducted in a multilayer and multidimensional way and in various forms, and substantial results should be achieved. Law diplomacy includes official and people-to-people diplomacy. In terms of official diplomacy, the Foreign Ministry, Justice Ministry, Supreme People’s Court, Education Ministry and other government agencies can launch relevant programs and sponsor events. In terms of people-to-people diplomacy, Chinese legal organizations such as the China Law Society and the China Society for Human Rights Studies can also be actively engaged in the practice of law diplomacy. Practice in recent years proves that non-governmental groups’ law diplomatic activities have produced more than the desired effect.

The form of law diplomacy should include the following aspects:

First, relevant mechanisms and institutions should meet the needs of law diplomacy. On the one hand, government agencies with functions of handling foreign affairs should reinforce relevant resources. For example, it is advisable to rename the Department of Treaty and Law of the Foreign Ministry as the Department of Legal Affairs and to appoint legal counselor or legal secretary in Chinese embassies, consulate generals, and permanent missions to the UN, in order to see and handle foreign affairs from the legal perspective. It is also advisable to select and make use of competent law professionals in the Foreign Ministry and local foreign affairs offices. On the other hand, regarding working mechanisms, a comprehensive and three-dimensional model of law diplomacy should be established. Government agencies with diplomatic functions and participants in diplomatic events should bear the legal awareness, a sense of the rule of law, have a clear conception of the significant role of law in every link and domain of diplomatic activities, and make the rule of law an integral part of any diplomatic activities.

Second, actively participating in international legislation, jurisdiction, and law enforcement. China should take a more proactive posture in participating in legislative and treaty-making processes of international organizations (such as the UN), facilitate the formulation of international and global laws and regulations, promote the expansion of international legislation. China should take relevant international legislation as an opportunity to express its positions, opinions, national interests and core values, and promote the building of a new international economic and political structure and contribute to achieving social justice and worldwide harmony. As a permanent member of the UN Security Council, China bears the responsibility of international law enforcement. In return, the effective enforcement of international law is most important to safeguarding China’s economic and political interests. Therefore China should properly participate in international law enforcement, such as peacekeeping, sea and air escorting, environmental protection, and others. China should also carry out studies on judicial proceedings concerning foreign-related cases. Though the Chinese law courts have handled quite a number of foreign-related cases, China is still not adept at settling complicated cases through judicial procedures and for that matter the Party and government face criticisms.

At present, we must analyze in earnest the strategy and tactics of China’s entry into the international judicial system. There are Chinese judges and staff working in a number of international judicial institutions, but some government agencies are suspicious and reluctant to participate in international judicial processes. As the rule of law in the international community is inevitable and a growing number of countries are embracing an international judicial system, China should seriously consider the possibility of accepting relevant international judicial institutions to increase its legal credibility in the international community.

Meanwhile, China should conduct in-depth legal studies on important issues in foreign affairs, scientifically formulate laws and regulations in order to have more international legal grounds in settling international disputes and sensitive issues. For example, we must carry out legal studies on issues concerning the East China Sea, the South China Sea, maritime borders, the demarcation of exclusive economic zones and continental shelves. On matters concerning ethnic groups, religions, human rights, terrorism, China should also keep itself informed to make the domestic policies consistent with international rules. Non-traditional security issues such as food safety and public health should also be studied under a legal framework to improve China’s image as a country under the rule of law.

Third, China should promote legal-related diplomatic activities. Law diplomacy should include exchange on domestic laws and on international law. The exchange can be carried out in the following four ways. First, communication and seminars. Regular academic conferences can be held for Chinese and foreign legal experts to have in-depth exchange on specific legal-related diplomatic issues and issues concerning law diplomacy. For example, the legal forum under the Forum on China-Africa Cooperation, the SCO legal forum, and the Sino-US, Sino-Australia, Sino-Germany legal forums in recent years have provided opportunities for attendees and relevant countries to understand and accept each other’s legal norms and procedures. Second, sending missions to study law. Students and scholars can be sent abroad to better understand foreign laws and international law and in turn to make foreigners learn more about Chinese laws and regulations, thus dispelling misunderstandings and improving China’s law education and the training of law professionals. Third, visits and inspections. Relevant government agencies and non-governmental organizations should offer more opportunities for judges, procurators, lawyers, policemen, legal workers in people’s congresses and governments, students and educators to engage in more specific, effective, and substantive mutual visits. Such visits not only promote the exchange among different legal theories and practices, but also present better and more direct perceptions of these theories and practices and enhance coordination. Thus, different models of the rule of law can learn from and complement each other. Fourth, legal assistance. Looking back at the past 300 years, western powers, especially the UK carried their legal system wherever they went. Between the 1950s and 1970s, the US and some European countries helped newly independent nation-states establish their legal systems through various forms of legal assistance. In a globalized age, with increasing influence and elevating international standing, China needs to actively provide legal assistance to spread the Chinese legal culture. With due respect for other nations’ sovereignty and cultures, China can exert more extensive and deeper influence on other nations by exporting its legal thoughts and experience in practicing the rule of law.

China reiterates to the international community that strengthening the rule of law is a shared responsibility. A well-developed legal system is the common aspiration of all nations who seek peace, development and cooperation. China believes that the effective promotion of law diplomacy will not only accelerate China’s growth, stability, and prosperity, but also promote the harmonious development of the international community.

IV. Achievements of China’s Law Diplomacy

At present, the practice of China’s law diplomacy is at its initial stage. Most government agencies have not been equipped with institutions, mechanisms and trained professionals specialized in law diplomacy. So far, the China Law Society is a pioneer in practicing China’s law diplomacy. As the main channel of conducting foreign jurist exchange, guided by the idea of “cooperation, development, all-win, harmony”, the China Law Society takes full advantage of people-to-people diplomacy, law diplomacy, and academic diplomacy, actively practices the new strategy of law diplomacy, complies with and serves China’s overall diplomacy, and promotes the development of China’s external relations.

First, China’s law diplomacy has completed its strategic planning with the China Law Society as its centerpiece. The Society has established relations with more than 800 jurist and legal organizations of more than 120 countries and regions, among which 122 jurist and legal organizations of 87 countries and regions have signed bilateral cooperation memorandums with the Society. More than 400 foreign judicial high officials ranking above the ministerial-level have been received by the Society. Over 100 foreign law professionals were trained and more than 100 international academic conferences and legal forums with more than 6000 domestic and foreign attendees were hosted by the Society. In addition, the Society has successfully hosted the 17th International Conference on Criminology, the 24th World Congress on Philosophy of Law and Social Philosophy and many other international conferences with over thousand attendees. The Society has also initiated and hosted the five regional legal forums, namely, the China-ASEAN, China-Africa, China-Latin America, China-Asia-Europe, and China-Northeast Asia for twenty times. In particular, the Legal Forum under the “Forum on China-Africa Cooperation ” has been incorporated into the inter-governmental cooperation mechanism and become the main channel of China-Africa cooperation.

Second, the practice of China’s law diplomacy has produced extensive and substantial results in mutual visits of missions, jurisprudent studies, academic exchange, training of law professionals, and legal service. The China Law Society initiated the China-Africa Joint Research and Exchange Program, the Law Diplomacy Strategic Partnership of Cooperation Program, the Lagos Name List Program, signed the Nanning Declaration, the Urumqi Declaration, the Joint Declaration of Cooperation and Development, the Halong Bay Consensus, the Beijing Declaration, the China-Latin America Legal Forum Declaration, founded regional training, research, and cooperation institutions such as the China-Africa Legal Training Base, the Chinese Coordination Committee of the China-Africa Legal Forum, the Guiding Committee of the China-Africa Legal Forum, the China-ASEAN Legal Training Base, the China-ASEAN High-level Legal Talent Training Base, the China-ASEAN Legal Training Base Workshop, the China-ASEAN Legal Research Center, the Huanyu China-ASEAN Legal Cooperation Center, the China-ASEAN FTA Commercial Coordination Center, the Northeast Asia Legal Training Base, the Northeast Asia Legal Training Base Workshop, established the four subcenters of the China Legal Academic Exchange center in Henan, Chongqing, Jilin, and Gansu, encouraged the participation in international exchange programs by jurists and law professionals from across China. The China Law Society, therefore, with its particular advantages, has become a major force in practicing people-to-people diplomacy.

Finally, the theoretical construction of China’s law diplomacy is also accelerating. Through the joint efforts of law professionals, legal experts, and jurists, the research in China’s law diplomacy has been strengthened, the China Law Society’s research project of “Law Diplomacy” has enter the second phase, and the compilation of textbooks on law diplomacy has been launched. Meanwhile, the overall design and promotional efforts for law diplomacy in the national diplomatic work has been enhanced. The law diplomacy strategy is spread and promoted on any possible domestic occasions and is well accepted by the academia and relevant government agencies. The Law Diplomacy Strategic Partnership of Cooperation Program has been launched, and was joined by more than 20 well-known colleges, universities, research institutions and legal firms, thus strengthening the research and promotion of law diplomacy. Moreover, the “promotion of law diplomacy” has been written into the Constitution of the Guiding Committee of the Legal Forum under the Forum on China-Africa Cooperation, the first time to clarify law diplomacy as the common mission of the legal academia and law professionals in written form.

The achievements of China’s law diplomacy are distinctly manifested in the following two examples.

First, the China-ASEAN Legal Forum initiated by the China Law Society. The first session of the Forum was held in Nanning of Guangxi Province from August 31st to September 4th of 2005, with the theme of “the Policy and Practice of China-ASEAN Economic and Trade Laws” and the Nanning Declaration as its outcome document. The second session was held in Halong Bay of Vietnam from December 14th to 17th of 2006, with the theme of “Legal Cooperation in China-ASEAN FTA” and the Halong Bay Declaration as its outcome document. The third session was held in Chongqing from September 12th to 15th of 2007, with the theme of “Prosperity and Development---the Prospect of China-ASEAN Legal Cooperation”. The fourth session was held in Chongqing from November 10th to 14th of 2010, with the theme of “Towards Mutual Benefit and All-win: Legal Cooperation after the China-ASEAN FTA”. The fifth session was held in Kuala Lumpur of Malaysia from September 25th to 27th of 2011, with the theme of “Cooperation and All-win”.

Another example is the establishment of the “Forum on China-Africa Cooperation-Legal Forum”. With the comprehensive development and elevation of China-Africa relations, a solid foundation has been laid for China-Africa law diplomacy. The promotion of law diplomacy, the enhancement of dialogue, exchange, and cooperation between the legal academia and law professionals of China and Africa, and the application of law diplomacy to disputes and challenges in order to maintain peace and achieve common development, is of great significance to strengthening China-Africa friendship, guaranteeing Sino-African trade and investment, and the common prosperity of China and Africa and even the peace and development of the world at large.

To serve China’s overall diplomatic work and implement the Forum on China-Africa Cooperation Sharm El Sheikh Action Plan(2010-2012), the first session of the Forum on China-Africa Cooperation-Legal Forum was held in Egypt’s Cairo from December 20th -21st of 2009. More than 80 jurists and legal experts from China and over 20 African and west Asian countries and regions took part in the forum and exchanged views on the topic of “strengthening legal exchange, promoting the overall development of China-Africa relationship”, and put forward a number of relevant and pragmatic policy suggestions that had high referencing values. The second session was held in Beijing from September 16th to 17th of 2010. jurists and legal experts from China and 38 African countries attended the forum and discussed and exchanged views on the theme of “Seize the Opportunity and Enhance Legal Cooperation to Promote the Comprehensive Development of a New Type of China-Africa Strategic Partnership”. The session’s outcome document was the Beijing Declaration. From December 3rd to 15th of 2012, the third session of the Forum was held in the Republic of Mauritius, during which the Guiding Committee of the Forum met for the first time and issued its Constitution.

The success of the China-ASEAN Legal Forum and the Forum on China-Africa Cooperation-Legal Forum has promoted the practice of China’s law diplomacy in the following four aspects:

First, serving the overall diplomacy of the country and promoting China’s external relations. ASEAN countries are China’s friendly neighbors and occupy an important position in China’s overall diplomacy. Strengthening the dialogue, exchange, and cooperation among the jurist academia and law professionals between China and ASEAN, resolving differences and disputes with legal approaches, responding to various challenges, maintaining peace, achieving common development, are significant to promoting the friendship between the jurist academia and law professionals of China and ASEAN, guaranteeing the China-ASEAN trade and investment, and meaningful to improving China’s relations with ASEAN countries and achieving common prosperity. Taking the opportunity that the China-ASEAN Legal Forum had offered, high officials in political and judicial circles from China and ASEAN countries met on a number of occasions to exchange views on bilateral relations and major international issues of mutual interests in a frank and friendly manner, reaching extensive consensus on further enhancing the dialogue and cooperation in legal and jurist circles. These meetings increased mutual understanding, deepened friendship, further consolidated the existing legal exchanges between China and ASEAN countries, expanded the areas for pragmatic cooperation, served China’s national development strategy and diplomatic planning, playing an important role in eliminating differences, dissolving conflicts, and building a mutual trust and beneficial, equitable, and coordinated bilateral relationship. Take the “China-ASEAN Legal Training Base” as an example. So far, the base has trained nearly 100 competent young talents from the ten ASEAN countries specialized in civil, economic, and commercial laws of China and ASEAN countries, which is meaningful to optimizing the regional legal context, promoting the healthy, rapid, and sustainable development of the China-ASEAN FTA. Another telling example is the relevant activities held at the “Square of Legal Culture” and the “Park of Legal Culture”. These legal-related activities increased the understanding and identification among the different legal cultures of China and ASEAN countries. Through these activities, China and ASEAN countries can seek common ground while shelving differences, learn from each other’s best practices, communicate to remove misunderstandings, resolve problems and chart their own development courses in a coordinated way.

Likewise, the Forum on China-Africa Cooperation-Legal Forum also contributed enormously to the development of China-Africa relationship. Since 2008, the China Law Society has sent eight missions to Africa to practice law diplomacy, among which four was at or above the vice-ministerial level. The Society also hosted three sessions of the Forum on China-Africa Cooperation-Legal Forum and one Legal Symposium on China-Africa Subregions, initiated two important documents, namely, the Beijing Declaration and the Constitution of the Guiding Committee of the Forum on China-Africa Cooperation-Legal Forum, established relations with legal and jurist organizations from 35 African countries, signed memorandums on bilateral cooperation with 34 legal and jurist organizations from 28 African countries, founded the Chinese Coordination Committee for Forum on China-Africa Cooperation-Legal Forum and convened two conferences, established the Guiding Committee of the Forum on China-Africa Cooperation-Legal Forum, and set up a China-Africa Legal Training Base with a university of China’s Hunan Province.

Second, promoting the building of China’s legal system and improving the national soft power through mutual learning and understanding. Surrounding China-ASEAN FTA legal system, pragmatic cooperation between China-ASEAN legal and jurist academia, the development of China-ASEAN FTA, focusing on the extensive exchange among legal and jurist academia, and based on equality and coordination, the China-ASEAN Legal Forum conducted extensive discussions and debates and reached consensus on how to create the optimal legal context for regional stability and economic development, how to strengthen judicial coordination and cooperation, how to use legal approaches to resolve economic, political, and trade issues. Jurists and legal experts from China and ASEAN countries voiced various opinions and put forward their suggestions and recommendations of great referencing value. The discussions and debates yielded rich results, played a positive role in enabling the China-ASEAN legal and jurist academia to better understand each other’s policies, laws and regulations and to learn from each others’ legal thoughts, theories, and best practices, in advancing the rule of law in China and ASEAN countries, in promoting the establishment and improvement of the China-ASEAN FTA legal framework, in facilitating the rapid and healthy development and long-term stability of China-ASEAN FTA.

The Forum on China-Africa Cooperation-Legal Forum also remarkably promoted the exchange between China and African countries, strengthening China’s soft power. For example, in May 2012, under the framework of law diplomacy, the China Law Society conducted an in-depth analysis of Chinese investment in Africa, its risks and legal prevention measures, rescue and relief programs, outstanding problems and many other issues, and proposed a six-point suggestion on how to improve the legal prevention measures and rescue and relief programs for Chinese investment in Africa. A delegation for the Society also signed memorandums on bilateral cooperation with Ghana’s Lawyers’ Association and Zambia’s Law Association respectively. For another example, the Beijing Action Plan(2013-2015) adopted at the fifth session of the ministerial meeting of the Forum on China-Africa Cooperation made a special point at praising the efforts by the fourth session of the ministerial meeting of the Forum on China-Africa Cooperation in initiating a Legal Forum and the successful conclusion of the subsequent two sessions held in Cairo in December 2009 and in Beijing September 2010, in which the agreement was reached to further strengthen mechanism building and enhance the cooperation between China and Africa on legal science, legal service, training of law professionals and for alternative dispute resolution mechanisms.

Third, deepening pragmatic legal cooperation between China and foreign countries, raising the level of legal service in bilateral relationships. With the development of the China-ASEAN FTA and the increased trade between China and ASEAN countries, disputes and problems concerning trade and investment also grow. In this regard, under the framework of China-ASEAN Legal Forum, the Huanyu China-ASEAN Legal Cooperation Center and the China-ASEAN FTA Commercial Mediation Center were founded to facilitate the smooth operation and harmonious development of the FTA. In addition, the Legal Literature Database launched in the China-ASEAN Legal Research Center not only facilitated the domestic and foreign legal research on China and ASEAN countries, but also provided relevant enterprises and personnel with legal guidance on trade and investment, promoting the rapid and healthy growth of China-ASEAN trade.

Moreover, the founding of the China-Africa Legal Training Base and the signing of strategic partnership on cooperation for law diplomacy also laid a solid foundation for the legal cooperation and service between China and Africa. At the same time, in practicing law diplomacy, China actively advanced the Lagos Name List and sent more than 30 proficient arbitrators to the Lagos International Commercial Arbitration Center of Nigeria, the Cairo International Commercial Arbitration Center of Egypt, and the Southern African Arbitration Fund.

Finally, elevating the international standing of China’s legal and jurist circles and expanding their influence. Under the framework of various legal forums, cooperation on the training of law professionals, legal research, translation of legal-related documents and academic books, and legal consulting service are making steady progress. The exchange and cooperation between China and ASEAN legal and jurist circles have significantly elevated the regional standing of China’s legal and jurist circles and expanded their influence, setting an example and playing an important strategic role in building a multilateral mechanism of legal exchange and cooperation and ushering a new stage of law diplomacy. There are a lot of examples in this regard. Vietnam invited Chinese experts on constitutional studies to make suggestions on the amendment of its Constitution; Thailand’s Central Intellectual and International Trade Court invited Chinese experts on international law to take part in the international conference on promoting ASEAN’s economic integration.

Conclusion

Law diplomacy is a new concept put forward under new circumstances by Chinese jurists and law professionals. It aims to enshrine a legal awareness and consciousness in China’s diplomatic work, convert certain diplomatic issues into legal issues and handle foreign affairs with legal approaches, alleviating diplomatic pressure and legitimize China’s foreign policy.

Over the last decade, the effective practice of China’s law diplomacy, exemplified by the establishment and sustained development of the China-AESAN Legal Forum and the Legal Forum under the Forum on China-Africa Cooperation, has made significant contribution to the enrichment of the theory and practice of China’s law diplomacy.

In an increasingly integrated world, law diplomacy is expected to become an integral part of diplomacy. To go along with the trend of the world and to enhance the effective cooperation between China and the rest of the world through law diplomacy and increase China’s soft power, the role of law diplomacy must be strengthened in the following three aspects:

First, China should build stronger institutions and mechanisms for law diplomacy. Disputes arising from increased trade and people-to-people contacts are growing and becoming more and more difficult to settle only with political approaches. Comparatively, legal approaches have wider application and are more effective and convincing. Embassies of some developed countries have legal counselors or first secretaries in charge of legal affairs. It is advisable for China to follow suit.

Second, China should further improve its theoretical construction in law diplomacy. At present, the effort in this regard, chiefly made by the China Law Society, a non-governmental organization, is still not adequate. Though the progress is remarkable, three deficiencies are also outstanding: first, the theoretical research outcomes are still preliminary; second, the urgent need to explore how to translate research outcomes into concrete policies; third, the urgent task of conducting the international promotion of the research outcomes of China’s law diplomacy and realizing the transition from “wider exploration and global planning” to “wider exploration and consolidating and enhancing”.

Finally, consistently strengthening the practice of China’s law diplomacy. Mankind has but one earth which is shared by all nations. In a globalized world, law is playing an increasingly important role in guiding, regulating, promoting, and guaranteeing the development of international relations and safeguarding world peace. In order to promote the building of a harmonious world of lasting peace and common prosperity, law diplomacy must be treated as a national strategy and an organic part of China’s soft and smart power. Law diplomacy has an irreplaceable promotional role in China’s economic growth and elevating its discourse power. Therefore, starting from the overall national strategy of development, we should work out a detailed and balanced plan to promote law diplomacy both at the governmental and non-governmental levels to advance China’s peaceful rise under the rule of law and realize the Chinese dream and the dream of the rule of law, providing legal support and guarantee for the Chinese discourse system in international rule of law and for the building of a just and reasonable international order and system as well as a harmonious world of common prosperity.

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