China Issues Foreign Relations Law

On 28 June 2023, the 14th National People's Congress of the People's Republic of China ("PRC") passed the Foreign Relations Law of the PRC (中华人民共和国对外关系法) ("FRL"), which took effect on 1 July 2023. This law provides a comprehensive framework for the development of China's foreign relations and serves as a guideline for maintaining national sovereignty, security, and development interests. It is China's first fundamental, guiding, and comprehensive law on foreign relations since the establishment of the PRC.

The FRL stipulates that the PRC shall enhance the system of rule of law in foreign affairs in relation to the following:

1. Treaty obligations;
2. Protection of national interests;
3. Countermeasures and restrictions;
4. Diplomatic relations;
5. Implementation of sanctions;
6. Foreign immunity;
7. Protection of overseas interests;
8. Protection of foreign individuals and organisations; and
9. International cooperation.

Overall, aside from Articles 32 and 33 of the FRL, which state that China will seek to impose countermeasures if other countries or trade blocs impose arbitrary tariffs and, in particular, sanctions upon China "without reference to international laws", the FRL essentially outlines China's rules of engagement, the majority of which are clarifications of widely accepted conventions. In addition, this is the first time that a Chinese legislation makes clear that treaties and agreements concluded or participated in by China shall not contravene the Constitution of China.

As this law mainly sets out the basic principles of China's foreign relations, how it may be implemented or enforced has yet to be further observed.