Part I China's Practice in Promoting International Rule of Law

Chapter 1 Rule of Law and Relations among States

Section One China and International Environmental Rule of Law

In 2016, China has made many achievements in terms of the international environmental rule of law. They are mainly reflected in the international environmental legislation and enforcement. This part mainly deals with China's contribution to international environmental legislation and enforcement in 2016, and puts forward some suggestions for China's participation in international environmental legislation, enforcement and judicial proceedings in future.

I China's Contribution to International Environmental Legislation

1. Promoting the Development of Basic Principles of International Environmental Law

In general, there are several basic principles in international environmental law:national environmental sovereignty principle, precautionary principle, polluter pays principle, sustainable development principle, common but differentiated responsibility principle, international environmental cooperation principle, broad

participation principle. Among them, sustainable development principle, common but differentiated responsibility principle, and international environmental cooperation principle are unique and basic principles of international environmental law. In 2016, ecological civilization construction of China has promoted the advancement of sustainable development principle. The common but differentiated responsibility principle and the international environmental cooperation principle have been emphasized and implemented through China's actions in various specific areas.

On March 17, 2016, China issued the “13th Five-Year Plan for Economic and Social Development (2016-2020)” (referred to as the “13th Five-year Plan”thereafter), which stressed the establishment and implementation of the five development concepts—innovation, coordination, green, open, and sharing. The five development concepts are new interpretation of the sustainable development principle, and they have won wide recongnition in the international community. On May 26, 2016, Minister of Environmental Protection Chen Jining led Chinese delegation to attend the Second High-level Meeting of the United Nations Environment Conference in Nairobi, the headquarters of UNEP. During the meeting, Chinese Ministry of Environmental Protection and UNEP jointly issued two reports: “Multiple Ways of Sustainable Development” and “Lucid Waters and Lush Mountains are Invaluable Assets: the Strategy and Action of Chinese Ecological Civilization”. Steiner, UNEP executive director, pointed out that the connotation of sustainable development is rich, the way of implementation of sustainable development is diverse, therefore different countries should choose the best implementation path according to their respective national conditions. Chen Jining said that Chinese government had clear intentions and firm determination in building ecological civilization and promoting sustainable development, and had formed a clear strategic framework and a program of action. Chinese government is fully confident in the implementation of the 17 Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development. The realization of the SDGs needs the guarantee of system, fund and ability, and requires closer integration with the national development and closer cross-nation cooperation. China is willing to work with the international community to jointly promote the realization of the SDGs. The construction of ecological civilization in China is a beneficial exploration and practice of the concept of sustainable development, which could provide useful experiences for other countries to address similar economic, environmental and social challenges.

Sustainable development principle means not only meeting the needs of contemporary generation, but also not harming future generations' ability to develop. This principle includes two aspects—need and restriction. On how to achieve sustainable development, Chinese Foreign Minister Wang Yi pointed out five key points: firstly, to build ecological civilization, respect the laws of nature, and facilitate benign interactions among economy, society and environmental protection; secondly, to create favorable external environment and improve global economic governance; thirdly, to adhere to the common but differentiated responsibility principle in the international community; fourthly, to attach great importance to social issues, improve the basic public service system, and strengthen social construction and social management; fifthly, to innovate ways of thinking and strategies, pay more attention to the quality and efficiency of development, adjust the economic structure, avoid the excessive pursuit of speed and quantity. China's ideas and actions on sustainable development and ecological civilization have been studied by many countries. In July 2016, the Beijing Sansheng Environment and Development Research Institute and the People Party of Nepal signed an agreement on the appointment of think-tanks in terms of development strategy of ecological civilization. Sansheng Institute's being hired by foreign political parties as a strategic adviser marks that China's non-governmental think-tank began to step onto the international stage, participate in international environmental cooperation and promote the development of international environmental law.

2. Promoting Development of Specific Areas of International Environmental Law

In 2016, China has actively participated in international environmental legislation in the areas of international climate change, biodiversity conservation, chemicals and hazardous waste disposal, and international wetland conservation, promoted the development of new international legal instruments or detailed guidelines for action. And China will continue to lead the development of international environmental law.

In the area of climate change, the international community reached consensus on the Paris Agreement in December 2015. China played a leading role in this Climate Change Conference, made a historic contribution to its smooth running and had thus been highly praised by the international community. The adoption of Paris Agreement has put mankind in a new era of global cooperation to tackle climate change, which means that all countries in the world should act together for a common purpose. Paris Agreement will be implemented in accordance with the principles of equality, common but differentiated responsibilities and respective capabilities. Considering the differences in national conditions, relevant parties will participate in global action on climate change in the form of Intended Nationally Determined Contributions (INDCs). Developed countries will continuously take the lead in reducing emissions, and strengthen financial, technical and capacity-building support that they have provided to developing countries, with the aim to help them mitigate and adapt to climate change. In order to promote active participation of all countries, on March 31, 2016, President Xi Jinping and President Obama jointly issued the third “U.S.-China Joint Announcement on Climate Change” in Washington, United States. The two countries promised that they would sign the Paris Agreement on April 22. And then, on April 22, 2016, 175 countries signed the Paris Agreement, breaking the record of the number of signatories of multilateral legal agreements on the first day of opening for signature. On September 5, 2016, U.S. and China deposited the instruments of ratification on the eve of the G20 Hangzhou Summit. With the efforts of all parties, the Paris Agreement eventually came into force on 4 November 2016.

In the field of biodiversity conservation, the most important international legal instruments are Convention on Biological Diversity(CBD, 1992) and Nagoya Protocol(2010). On September 6, 2016, China officially joined the Nagoya Protocol, becoming its 78th member. China now has begun to actively promote the implementation of the Protocol. At the 13th Conference of Parties to CBD (COP13) held in Cancun, Mexico, on 9 December 2016, China gained the right to host COP15 in 2020. In accordance with the agenda of the Conference, the Strategic Plan for Biodiversity Conservation will be developed and targets for biodiversity conservation in 2030 will be established at COP15. China will take the Conference as an opportunity to show its achievements in environmental protection, and work with the international community in the construction of global ecological civilization, and contribute to global biodiversity conservation. Although this is China's first time to host such a conference, China is expected to boost new developments in the international rule of law on biodiversity.

In the field of ozone layer protection, the 28th Conference of Parties to the Montreal Protocol was held in Kigali, Rwanda, from October 10 to 14, 2016. Chinese delegation took an active part in the Conference and contributed to the historic agreement on limitation and control of the greenhouse gas hydrogen carbide (HFCs). This agreement is another milestone in the field of international environmental law after the Paris Agreement. The agreement clarified the different HFCs control obligations in developed and developing countries, and pointed out that developed countries would provide necessary financial support and technical assistance to the developing countries, which embodies the common but differentiated responsibility principle.

In the field of wetland protection, from September 19 to 24, 2016, the Tenth International Wetland Conference was held in Changshu, Jiangsu Province, China. Experts, academics and managers in the field of wetland from 72 countries participated in the Conference and reached a number of consensuses. Under the efforts by the Chinese side, the Conference finally formed the Changshu Declaration.The Declaration elaborates on the global significance of wetlands,the relationship between wetlands and cities, the significance of wetlands for human development, wetland assessment, and linkages between wetlands and Internet, and calls on governments and people to care for wetlands and protect our home.

II China's Contribution to International Environmental Enforcement

1. Promoting Domestic Implementation of International Legal Instruments

Over the years, China has been actively and strictly fulfilling its obligations under environmental conventions and protocols, promoting their implementation at the domestic level, regularly submitting government reports to relevant international organizations, and establishing itself into an environmental superpower. On March 17, 2016, the “13th Five-Year Plan” issued by China clarified that China would adhere to the five development concepts (innovation, coordination, green, open and sharing), vigorously build ecological civilization, and implement the concept of sustainable development in all aspects of development.

With regard to climate change,the official report China's Policy and Action on Climate Change(2016)pointed out that in the“12th Five-Year”period,China had treated low-carbon green development as a major part of ecological civilization construction and an important opportunity to speed up the transformation of economic development pattern and adjustment of economic structure. It also stated that China had carried out various policies and actions to effectively control greenhouse gas emissions, and enhance its ability to adapt to climate change. Lowcarbon pilot and carbon market building have made solid progress, and distinctive low-carbon development models have been established in many areas of China. The preliminary calculation showed that during the “12th Five-Year” period, China's carbon dioxide emissions per unit of GDP decreased by 20%, a number higher than the binding target of 17%. The “13th Five-Year Plan” clarified that China would continue to actively respond to global climate change, control carbon emissions, fulfill emission reduction commitments, enhance its own ability to adapt to climate change, participate in global climate governance, and contribute to global climate change. In order to promote the implementation of Paris Agreement, Chinese government has set clear targets for carbon dioxide emissions to peak around 2030 and strived to reach its peak as early as possible. Chinese government has promised an 18% reduction in carbon dioxide emissions per unit of GDP over the next five years and incorporated the operational targets into Chinese overall development plan.

With regard to biodiversity conservation, although CBD does not specify what actions should be taken at the national level, China has been active in preserving its biodiversity and promoting the development of a legal system for biodiversity. In recent years, China has implemented a number of major projects of biodiversity conservation, strengthening the construction and management of nature reserves, and increasing the protection of typical ecosystems, species, genes and landscape diversity. In 2016,in order to fulfill the obligations under the Nagoya Protocol,the“Legislative Work Plan 2016”of China clearly stipulated that Biological Genetic Resources Access and Management Regulation drafted by Ministry of Environmental Protection was identified as preliminary projects in order to advance relevant legislation works. Legislation on alien species management at the national level has also been prepared by Ministry of Agriculture. At the local level, in September 2016, Yunnan provincial government announced the Yunnan Biodiversity Conservation Regulation(Draft)to seek for public opinions. It will provide a reference for the future development of a comprehensive biodiversity conservation law in China.

In addition,the Minamata Convention on Mercury was adopted and opened for signature in October 2013, and China signed it in October 2013. On April 28, 2016, the Standing Committee of the National People's Congress of China made the decision to ratify the Minamata Convention on Mercury.China officially became a party and began to gradually reduce the production, use and emission of mercury.

2. Promoting International Environmental Cooperation and Implementation of International Legal Instruments

Chinese government has always attached great importance to international environmental cooperation. On April 18, 2016, the 18th Trilateral (China, ROK and Japan) Environmental Ministers Meeting was held in Shizuoka, Japan. Three countries have exchanged in-depth opinions on the latest environmental policies, global and regional hot environmental issues and progress of implementation of the Joint Action Plan. The Ministers of Environment of the three countries reviewed the implementation of the Joint Action Plan on Environmental Cooperation (2005-2019) of China, Japan and ROK, and signed the Joint Communique of the 18th Trilateral Environmental Ministers Meeting. Chinese Minister Chen Jining made three proposals to solve the regional and global environmental problems and promote the three countries' environmental cooperation: firstly, to promote the implementation of the 2030 Agenda for Sustainable Development; secondly, to support “Belt and Road”and other regional sustainable development initiatives (it is recommended that the three countries actively strengthen regional environmental cooperation and play a demonstrative and leading role in regional environmental cooperation.); thirdly, to strengthen cooperation in environmental protection technology and industry.

On September 10, 2016, the 6th China-ASEAN Environmental Cooperation Forum was held in Nanning, Guangxi. The main theme of the forum was “Green Development and Sustainable Urban Transformation”, and it aimed to promote environmental protection cooperation of “Belt and Road”. Relevant countries will disseminate green development concepts, environmental protection policies and achievements, and share successful experiences through establishing a highlevel environmental policies dialogue and exchange platform. The Sub-forum of “Environmental Technology Cooperation and Innovation” was aimed at the implementation of China-ASEAN cooperation framework for environmental protection technology and industry, facilitating the construction of cooperation network between China and ASEAN countries in environmental protection industry, strengthening exchanges and cooperation in environmental protection industries and technologies. Environmental officials of China and ASEAN countries, representatives of international organizations, experts and scholars in the field of sustainable development were invited to the Sub-forum of “Achieving Goals of 2030 Agenda for Sustainable Development”. Participants exchanged experiences about global environmental challenges and the Goals of 2030 Agenda for Sustainable Development, as well as opportunities and challenges to achieve environmental objectives at the national level.

In 2016, China and Romania signed the China-Romania Nuclear Security Cooperation Agreement. China's Ministry of Environmental Protection has signed an environmental cooperation agreement with Peru's Ministry of Environment. China and Russia have carried out in-depth discussions and cooperation on issues such as boundary river water body protection, air pollution control, natural ecological environment protection, environmental protection propaganda and education, ethnic minority ecological environment protection, etc. China and U.S. have launched cooperation in the field of climate change. China and EU have begun to cooperate in carbon trading, air pollution control, soil pollution control and other fields.

In order to promote the implementation of the Paris Agreement, deepen international cooperation on climate change, and implement the “Ten-Hundred-Thousand Project” of South-South Cooperation on Climate Change proclaimed by China during the Climate Change Conference in Paris, in October 2016, China held a 10-day training course for South-South Cooperation on Climate Change. Its theme is to address climate change and implementation of carbon reduction pathways.

III Suggestions for China's Future Participation in International Environmental Rule of Law

1. Suggestions for International Environmental Legislation

Firstly, China needs to develop deeper understanding of the principles of sustainable development and common but differentiated responsibility, and promote the improvement of the basic principles of international environmental law. In the future, China should actively popularize the concept of ecological civilization and the five development concepts of innovation, coordination, green, open and sharing,and exert the principle of sustainable development in all countries. China should adhere to the differentiated but common responsibilities and obligations. China can take on more international environmental responsibility in areas where China excels, to show the image of a responsible power in the world.

Secondly, China should actively promote the formation of rules in all areas of international environmental law, and take initiative in signing of international treaties or agreements. With the improvement of China's comprehensive national strength and the emergence of domestic environmental problems, the importance of the role of China in constructing international environmental rule of law is growing. China will host the COP15 of Convention on Biological Diversity in 2020. As the host country, China can take the initiative in related issues and guide the parties to form new resolutions on biodiversity conservation. In areas along the “Belt and Road”, China can play its own advantages, promote the establishment of regional or bilateral environmental agreements, and strengthen the environmental protection in these areas. In addition, China should actively guide civil forces, and encourage public participation in the development of international environmental legal documents.

2. Suggestions for International Environmental Enforcement

Firstly, we should continue to promote the convergence of domestic environmental law and international environmental law, and strictly fulfill the obligations in the environmental treaties or protocols. By far, China has signed many environmental treaties and protocols in various fields of environmental protection. Clarification of national responsibilities and establishment of long-term compliance mechanisms can promote our commitment fulfillment and the implementation of international environmental law. With regard to climate change, China should uphold the principles of common but differentiated responsibilities, fairness and respective capabilities embodied in the Paris Agreement, actively undertake international obligations that are consistent with China's basic national conditions, stage of development and practical abilities, and implement the national self-contribution to strengthen actions to address climate change. In the field of biodiversity conservation, China should carry out a nationwide background survey and make assessment of biological diversity, scientifically plan and construct local facilities for conservation of biological resources, prevent and control alien species invasion and the loss of biological genetic resources, strengthen wildlife import and export management, strenghten the legislation of Biological Genetic Resources Access and Management Regulation. At the same time, China have to promote the implementation of the Minamata Convention on Mercury as well as those agreements limiting and controling emissions of greenhouse gas hydrogen carbide (HFCs).

Secondly, China can deepen international environmental cooperation, and work together with other countries to promote the implementation of international environmental law. Currently, China-Russia and China-ASEAN environmental cooperation have entered into the stage of deep and comprehensive cooperation. In the same way, China-U.S., China-EU, and China-Japan-ROK environmental cooperation should be deepened further. China should continue to learn from the developed countries in terms of mature policy systems of environmental governance, and meanwhile introduce Chinese experience to other developing countries and help them improve environmental technologies and management capacities. For example, more bilateral dialogues and practical cooperations on climate change should be deepened and the South-South Cooperation Fund for climate change should be fully utilized to support other developing countries in strengthening their capacity to address climate change. China can increase the depth of national environmental cooperation with nations and regions along the “Belt and Road”. In particular, given that many developed countries have not really fulfilled commitments made at the United Nations Conference on Environment and Development (1992), China should work together with developing countries to responsibly urge developed countries to honor their commitments and abide by the principle of common but differentiated responsibilities.

3. Suggestions for International Environmental Justice

Firstly, China should participate in the improvement of international environmental justice actively. In recent years, China's attitudes towards the jurisdiction of international judicial institutions have become increasingly active. Active participation means that international justice should be the preferred approach to resolve international environmental disputes. From a global perspective, many wellknown international environmental cases, such as the Trail Smelter Arbitration and so on, relied heavily on international judicial institutions to resolve the international environmental disputes. These experiences, which not only provided an equitable solution for the two sides, but also promoted the development of international environmental law greatly, are well-worth learning on China's part.

Secondly, China can enhance the training of international environmental law talents. In the field of international environmental law, China should focus on building international environmental law disciplines, training experts who are skilled both in languages and international law, proficient both in judicial practice and environmental scientific knowledge. These talents not only can provide intellectual support for China's participation in international environmental justice activities and negotiations, but also can prepare professionals of international environmental law for the international court of justice and arbitration court and promote the formation of international environmental judicial rules.

Section Two China and International Rule of Law in Development

On September 25, 2015, the UN Development Summit was held in New York, and it adopted the historic Post-2015 Development Agenda—“Transforming Our World:The 2030 Agenda for Sustainable Development”. Speaking at the opening ceremony of the Summit, the United Nations Secretary-General Ban Ki-Moon said: “The new agenda is a promise by leaders to all people everywhere. It is a universal, integrated and transformative vision for a better world… It is an agenda for people, to end poverty in all its forms… It is an agenda for shared prosperity, peace and partnership that conveys the urgency of climate action and is rooted in gender equality and respect for the rights of all. Above all, it pledges to leave no one behind.” On September 26, 2015, President Xi Jinping delivered an important speech entitled“Seek Common and Sustainable Development and Forge A Partnership of Win-win Cooperation” at the UN Sustainable Development Summit at the UN headquarters in New York, stressing that the international community should, by taking the Post-2015 Development Agenda as a new starting point, together seek an equitable, open, comprehensive and innovation-driven development path in an effort to achieve common development of all countries.

I Submission of China's Position Paper on Post-2015 Development Agenda

On April 22, 2016, China submitted the Position Paper on the Post-2015 Development Agenda to the United Nations and its members. The Position Paper generally introduced the general principles of sustainable development, its key areas and priority dimensions, implementation measures, and China's policies. China's Position Paper held that the implementation of sustainable development agenda should adhere to six principles:peace and development, win-win cooperation, comprehensive coordination, inclusive and open, voluntary, common but differentiated responsibilities. The inclusive and open principle emphasizes the realization of inclusive economic growth and refuses anyone's falling behind. At the same time, it was necessary to build an open world economy and improve the representation and voice of the developing countries in the international economic governance system. The principle of self-decision stresses that each country should enjoy full sovereignty on the development of their own and should implement the sustainable development agenda. It should be based on their own characteristics and national conditions to develop development strategies.

China suggested that nine key issues should be prioritized in the implementation of the 2030 Agenda. First, to eradicate poverty and hunger, alleviate and eliminate poverty, and enhance agricultural production capacities and food security. Second, to implement innovation-driven development strategies and generate momentum for sustainable, healthy and stable economic growth. Third, to advance industrialization and inject impetus to coordinated development between urban and rural areas and among the three dimensions of sustainable development. Forth, to improve social security and social services and ensure equal access to basic public services. Fifth, to safeguard equity and social justice, improve people's well-being and promote allround human development. Sixth, to protect the environment and build protective barriers for eco-security. Seventh, to address climate change actively and integrate climate change response into national development strategies. Eighth, to promote efficient utilization of resources and sustainable energy. Ninth, to improve national governance and ensure that economic and social development is in line with the rule of law. The international community should also provide five-dimensioned sound support: (1) strengthening capacity building of countries so as to improve institution building, increase public resources, and generate internal growth momentum;(2) creating an enabling international environment for development, building a balanced, win-win and inclusive multilateral trading system and improving global economic governance; (3) engaging with all stakeholders and working towards a more equitable and balanced global partnership for development; (4) promoting coordination mechanism and incorporating development policy into global macroeconomic policy coordination; (5) conducting regular reviews of global implementation progress and of national implementation according to respective national conditions and the principle of voluntary action.

II Formulation of Sustainable Development Action Plan

Since taking over the chairmanship of the G20 in December 2015, China has demonstrated leadership in agenda topics, agenda items, agenda setting, and innovative ways of doing business. In the G20 Hangzhou Summit, the development issues for the first time were placed at the forefront of the global policy framework, the Action Plan for the implementation of the United Nations 2030 Agenda for Sustainable Development was for the first time developed, and the industrialization process was for the first time supported collectively in Africa and the least developed countries. These three “first” demonstrate the inclusive realm of interaction. On April 22, 2016, Paris Agreement was signed at the United Nations headquarters in New York. Xie Zhenhua, China's Special Representative for Climate Change, said that in promoting the Paris agreement to be an early and effective multilateral process, China had played a role of a leader and China would do a good job of reducing greenhouse gas emissions and continuously promote international cooperation on climate change. On August 30, 2016, the Global Compact China Network hosted the “Bright Future: To Achieve Sustainable Development Goals in China Summit in 2016” supported by the National Development and Reform Commission, China Enterprise Confederation and others. The summit showed the positive contribution of Chinese enterprises in responding to the sustainable development goals of the United Nations, developing the economy and protecting the environment.

On September 19, 2016, Li Keqiang, the Premier of the State Council, chaired the Symposium on “Transforming Our World: The 2030 Agenda for Sustainable Development” and released National Plan for the Implementation of the 2030 Agenda for Sustainable Development. Li Keqiang pointed out that sustainable development was first and foremost about development, that development underpinned every human achievement, and that without development, nothing can be sustainable. The key to the Sustainable Development Agenda of 2030 is to take concrete action. The agenda sets out 17 general objectives and 169 specific ones. To meet these goals, we should balance the current situation with long-term plans, prioritize the core tasks, and strive to achieve tangible results as soon as possible. We must take poverty eradication and hunger elimination as our top priorities. Affected by natural environment, political instability, unfair distribution and other factors, there are still 1/10 of the world's population living in poverty. The agenda proposes that by 2030, all forms of poverty will be eliminated, food security will be realized, nutrition will be improved and the sustainable agriculture will be promoted. China is ready to work with other countries to make greater efforts to ensure that these basic objectives are met on schedule or even ahead of schedule. Facing the future, China has launched the implementation of the sustainable Development Agenda in 2030. We attach great importance to program interconnection, integrate all the specific objectives put forward by the agenda into the national development master plan, and strive to make it detailed, integrated and connected with other specific plans. We strengthen the implementation of guaranteeing measures, establish and improve the appropriate institutional mechanisms to mobilize the whole society to increase investment in resources, intensify supervision and evaluation. We hope to lift all the poor population by the current standards out of poverty, realize the goal of poverty and hunger alleviation, as well as women and children care and housing security by 2020, and basically complete the tasks in agriculture, health, education, economy and other key areas by 2030.

On December 8, 2016, the United Nations Development Program in Beijing issued the “2016 China's Urban Sustainable Development Report: Measuring Ecological Inputs and Human Development”, which established an assessment system for Chinese cities in terms of their achievements in sustainable development. This system is aimed at measuring each city's performance in aspects of income, health, education, environmental pollution, resource consumption, etc., and promoting the future development of the city to be more inclusive and resilient. The report assessed the status quo of sustainable development in 35 Chinese cities and divided them into four categories: high human development and low ecological input (sustainable), high human development and high ecological inputs (less sustainable), low human development and low ecological inputs (less sustainable), and low human development and high ecological inputs (unsustainable). In addition, the report also proposed sustainable development paths for these cities according to their own conditions.

III Commemoration of 30th Anniversary of Adoption of the United Nations'Declaration on the Right to Development

On 4 December 1986,the Declaration on the Right to Development was adopted at the forty-first session of the General Assembly. It declared that “[t]he right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.” The year of 2016 coincides with the 30th anniversary of the adoption of the United Nations'Declaration on the Right to Development.

China appreciates the above-mentioned statement stressed by the Declaration on the Right to Development.China has established and perfected the integrated systems of legislation, strategy, planning, and judicial relief. And with these constructive, pragmatic, efficient and compulsory institutional systems, as well as other strategies and policies, China is able to guarantee the right to development.

1. Constitution and Laws

China has established a legal system with Chinese characteristics. With the Constitution at the core, it is based on laws related to the Constitution, the civil laws, the commercial laws, administrative regulations, local regulations, and other major law branches. This system has provided legal bases for people's right to development.

2. National Development Strategies

To construct a socialist country with Chinese characteristics, China sets its national development strategies on the basis of the need to protect and realize its people's right to development. In the early 1980s, the CPC proposed the “three-step”development strategy: First, to double the 1981 GNP and ensure the provision of basic material needs by 1990; second, to double the 1991 GNP by the end of the 20th century and bring people's living standards to a level of “reasonable prosperity”; and third, to quadruple that new GNP to the level of moderately developed countries by the mid-21st century, and ensure the affluent life of Chinese people.

3. Effective Realization of Economic Development

China always considers economic development as the central task which could lay solid foundation for the right to development. At the same time economic development is strengthened by safeguarding people's right to development. Since the reform and opening-up policy was launched in 1978, China has witnessed rapid economic growth and become the world's second largest economy. There have been two historic leaps in living standards, from living in poverty to having access to basic material needs, and then to moderate prosperity. The right to subsistence of the poor has been effectively guaranteed. The right to work has been fully realized. Travel conditions have been greatly improved. People's living standards have been significantly enhanced.

4. Advancing Political Development

China continues to improve its political system, to suite it to its stage of development by advancing Chinese socialist democracy and rule of law in an all-round way, ensuring effective protection of civil and political rights, and raising the levels of participation in the promotion of the political development, and allowing people to be benefited from the political development. The People's Congress system is the fundamental institutional guarantee of political development for Chinese people. Democratic election is an important element of citizens' political rights. Consultative democracy is an important channel for orderly participation in the political process.Regional ethnic autonomy is an important channel for ethnic minorities to exercise their political rights. Grassroots democracy is an effective way for people to safeguard and realize equal right to development. Public participation provides citizens with ready access to decision-making processes.

5. Promoting Cultural Progress

The Chinese government endeavors to restructure China's cultural system, liberate and develop cultural productivity, so as to create equal opportunity for all citizens to enjoy benefits of cultural development and to access to cultural development opportunities, and ensure the realization of their right to cultural development. The building of a public cultural service system has been accelerated. Literature, arts, news, publishing, radio, film, television and sports are thriving. Cultural programs in ethnic minority areas are developing. Cultural development for the elderly, the disabled and rural migrant workers has received high attention.

6. Stimulating Social Development

China pursues shared development and common prosperity for all people as its development goals. Over the years, China has been committed to developing various social undertakings, establishing and improving various types of social security and social service systems, and continuously improving the provision of social security. It has striven to provide effective social resources and promote equal access to education so that all people can share the fruits of development. Protection of the right to health has been significantly increased. A security system covering the whole of society has taken shape. Social assistance efforts continue to increase. China has formulated a series of disaster prevention and relief plans and regulations, gradually strengthening and standardizing disaster relief mechanisms. Equality of access to education has been improved. The program benefits over 30 million students every year. Regional gap in education has been further narrowed. The government is striving to ensure equal access to compulsory education for children of rural migrant workers. The quality of education for ethnic minorities has been continuously improved.

7. Accelerating Environmentally-Friendly Development

China is committed to the concept of environmentally-friendly development and strives to expedite the country's ecological progress to create a more livable and beautiful environment. The basic state policy of environmental protection underpins environmentally-friendly development. Environmental governance enhances environmentally-friendly development. Air pollution control is making steady progress. Ecological economics fosters environmentally-friendly development. The agricultural hi-tech industry places its emphasis on the long-term development. Policy support bolsters environmentally-friendly development. Commitments to international conventions propel environmentally-friendly development.

8. Promoting Common Development

China upholds the principles of mutual respect, equality of treatment, win-win cooperation, and common development, and promotes the interests of its own people and the common interests of people of other countries. China supports the developing countries, especially the least developed countries (LDCs), in reducing poverty, improving people's well-being and protecting the environment, in order to build a human community of shared future. China's efforts include defending the right to development, participating in the formulation of the development agenda, expanding the path to development, furthering cooperation for development, providing special treatment, and improving the development environment.

IV Conclusion

Peace and development are the themes of our times. The right to development is about development, dignity and honor. We need to address poverty, discuss how to reform the global financial system, reach consensus on common governance, improve global governance, promote open and win-win development, facilitate the establishment of an equitable and balanced global partnership, adhere to the main channel of North-South cooperation. Developed countries should fulfill their Official Development Assistance (ODA) commitments, constantly improve the global economic governance framework, and enhance the voice and rights of developing countries. We need to share experiences and lessons learned from the practice of the right to development in various countries, to establish a platform for the international community to follow up the development of the international community, to promote the development of the right in the international arena, the United Nations, the civil society and all the countries. In implementing the UN 2030 Agenda for Sustainable Development, it is essential to ensure that the interests of enterprises, academia, civil society, and other parties are protected by the United Nations and the international community.

Section Three China and International Rule of Law in Air and Outer Space

I China's Contribution to Air Law

1. The Role of China in International Organizations

China has grown into a world aviation power. The total turnover and total passenger traffic volume of China's civil aviation have for many years ranked second in the world, making China's air transport system the second largest in the world (only after the United States). A report issued by Air Transport Association in November 2016 forecast that around 2029 China would overtake the United States as the world's largest aviation market. China Civil Aviation Authority also predicted that if China's civil aviation transport volume could ensure 10% annual growth rate before 2030 when the passenger traffic volume reaching up to 1.5 billion people, China would become the world's largest aviation power. Correspondingly, China is also playing an increasingly important role in the development of international air law.

China is one of the founding members of the International Civil Aviation Organization (ICAO), and began to participate in the activities of ICAO in 1974. On August 1, 2015 Dr. Liu Fang began to serve as Secretary General of the ICAO, becoming the first Chinese national secretary in the history of international civil aviation organizations. In October 2016, at the 39th Session of the Assembly of the International Civil Aviation Organization (ICAO) held in Montreal, Canada, China was re-elected as a member state of chief importance in air transport, which was its fifth re-election since 2004.

China has been actively participating in various ICAO activities and projects. China also has played a positive role especially in revising ICAO standards (involving aircraft operations, aviation safety, safety management, aircraft airworthiness, operation of aircraft, aeronautical information services, airports, aircraft accident and incident investigation, air traffic services, civil aviation telecommunications, aeronautical charts, meteorological service for international air navigation, rules of the air, personnel licensing and other broad areas) in the process. In addition, China has supported the adoption of the new work programme for 2016 by the ICAO Law Commission.

2. Bilateral and Multilateral Aviation Cooperation

By the end of 2015, there were 3,326 scheduled flight routes in China, with 7,866,000 km mileage including the overlapped distance, or 5,317,000 km excluding the overlapped distance. By the end of 2015, there were 204 Chinese cities with domestic scheduled flights (excluding Hong Kong, Macao and Taiwan). Chinese airlines operated scheduled international flights to 137 cities in 55 countries; the domestic airlines operated scheduled flights to Hong Kong from 38 mainland cities, to Macao from 12 mainland cities, and to Taiwan from 43 mainland cities.

By the end of 2015, China had already signed 117 bilateral air service agreements with other countries or regions, up by 2 from 2014, including 43 in Asia (including ASEAN), 24 in Africa, 36 in Europe, 9 in Americas and 5 in Oceania.

In 2016, China's civil aviation industry enhance the operational level of the industry by further expanding the scope of the registration route permit, further supporting regional aviation development, focusing on aviation safety and service quality supervision, and fully utilizing international airline and flight information management system.

In 2016, the number of new air routes from Chinese cities to destinations along the“Belt and Road” grows rapidly. In this season, domestic airline companies opened 49 new international routes to destinations along the “Belt and Road” ( including 46 passenger airlines and 3 cargo ones), mainly in Southeast Asia, South Asia and West Asia countries, including the United Arab Emirates, Philippines, Kampuchea, Laos, Malaysia, Burma, Nepal, Thailand, Singapore, India, Indonesia, Vietnam. These new routes have played an important role in promoting trade and personnel exchanges between China and other countries along the “Belt and Road”, and can better serve for the national strategic targets.

In October 26, 2016, Civil Aviation Administration of China (CAAC) held the international symposium on air transport in Beijing, which pointed out that since China proposed the general idea of air transport development “domestic liberalization, international open” in 2014, its international air transport has maintained rapid growth, showing overall good effects and gratifying the development trend. It was also concluded that China's international air traffic rights obtain the sufficient use with a significant increase in international transport, that the international routes grow rapidly, and that the pattern of“Flying Out” basically takes shape, effectively serving the country's new round of opening up and providing solid support for the implementation of the“Belt and Road” Initiative. In addition, it was determined that the next step is to: (1) proceed from reality to promote regional air transport liberalization;(2) stimulate the market's vitality by means of streamline administration and institute decentralization; (3) bring the role of government regulation into full play; (4) further improve the distribution system of international air traffic rights;(5) strengthen the construction of hub airport; and (6) improve the operating environment of international air transport.

3. Civil Aviation Legal System Construction

In order to implement the strategic plan of the CPC Central Committee on comprehensively promoting the rule of law and to further improve civil aviation legal construction, CAAC issued the “Opinions on Strengthening Civil Aviation Legal Construction” in 2015.

On 21 December, 2016, CAAC released the “13th Five-Year Plan for General Aviation. This plan is an important part of the “13th Five-Year” planning system of civil aviation and the first general aviation development program published by CAAC. The plan reviewed the general development of aviation during “12th Five-Year” and analyzed the “13th Five-Year” development environment. It also puts forward the guiding ideologies, development principles and development goals of general aviation development in the next five years. Moreover, it important to implement civil aviation power strategy and promote the sustainable and healthy growth of China's general aviation industry by deepening the reform of institutional mechanisms, reinforcing the capacity of providing basic support and enhancing the level of industrial development.

On December 24, 2016, ACCA discussed and passed Work Plan to Improve General Aviation Service Capacity.

II China's Contribution to the Law of Outer Space

China consistently supports the various activities of the use of outer space for peaceful purposes and maintains that international cooperation should be strengthened according to relevant international law and on the basis of equality and mutual benefit, peaceful utilization and inclusive development.

Since 2011, China's space industry has witnessed rapid progress, which is manifested by markedly enhanced capacity in independent innovation and access to outer space, constant improvement in space infrastructure, smooth implementation of major projects such as manned spaceflight, lunar exploration, the Beidou Navigation system and high-resolution earth observation system, and substantial achievements in space science, technology and applications. China has signed 43 space cooperation agreements or memoranda of understanding with 29 countries, space agencies and international organizations. It has taken part in relevant activities sponsored by the United Nations and other relevant international organizations, and supported international commercial cooperation in space. These measures have yielded fruitful results.

By November 2016, the rocket family of Long March has completed 86 launch missions, sending over 100 spacecraft into target orbits with a success rate of 97.67 percent, which indicates the increasing effectiveness and high-density launching capability of carrier rockets. The Long March 5 (CZ-5), China's newest generation of carrier rockets made its maiden flight, and increased the diameter of liquid fuel rocket from 3.35 m to 5 m, with a maximum payload capacity of about 25 tons to low earth orbit and about 14 tons to geostationary transfer orbit, significantly improving the carrying capacity of the Long March rocket family and becoming a symbol of the upgrading of China's carrier rockets. The development of the 120-ton liquid oxygen and kerosene engine has powered Long March 6 and Long March 7 on their maiden flights. The Long March 11, a solid-fuel carrier rocket, also made a successful maiden launch, further enriching the Long March rocket family. In September and October 2016, the Tiangong-2 space laboratory and Shenzhou-11 manned spacecraft were launched and formed an assembly that operates steadily to perform the mission of carrying out science and technology experiments in space. This event indicates that China has mastered technologies concerning astronauts' mid-term stay in orbit and long-term ground mission support. Currently, China has mastered major space technologies such as manned space transportation, space extravehicular activity, space docking, operating in assembly and astronauts' midterm stay in orbit. In June 2016, the Wenchang Launch Site held its first launch, marking a new-generation launch site designed and built by China. The site is environmentally friendly and represents a breakthrough in innovation.

The white paper titled as “China's Space Activities in 2016”, issued by the Information Office of China State Council on December 27, 2016, offers a brief introduction to the major achievements China has made in this field since 2011, its main tasks in the next five years, and its efforts on international exchanges and cooperation.

The white paper points out that the Chinese government takes the space industry as an important part of the nation's overall development strategy, and adheres to the principle of exploration and utilization of outer space for peaceful purposes. Since its space industry was established in 1956, China has made great achievements in this sphere, including the development of atomic and hydrogen bombs, missiles, man-made satellites, manned spaceflight and lunar probe. It has opened up a path of self-reliance and independent innovation, and has created the spirit of China's space industry. To carry forward this spirit and stimulate enthusiasm for innovation, the Chinese government decided that April 24 is China's Space Day in 2016.

The white paper proposes that in the next five years China plans to expedite the development of its space endeavors by continuing to enhance the basic capacities of its space industry, strengthen research into key and cutting-edge technologies,and implement projects relating to manned spaceflight, lunar exploration, the Beidou Navigation Satellite System, high-resolution earth observation system, newgeneration launch vehicles. Furthermore, the country is going to launch new key scientific and technological programs and major projects, complete by and large the establishment of space infrastructure system, expand its space applications in breadth and depth, and further conduct research into space science, in order to promote the integrated development of space science, technology and applications.

The white paper stresses that relevant legislative work must be strengthened. Efforts have been made to accelerate the formation of a legal system centering on the legislation of a national law to govern the space industry, including studying and formulating regulations on space data and their application, and the management of the export of astronautic products and technologies. Regulations on permission of space launch projects, registration of space-related items, and scientific and technological research and production have been improved to guide and regulate various space-related activities, which provides legal guarantee for China's space industry. China has undertaken studies of international space law, and actively participated in the formulation of international rules regarding the outer space. International space cooperation should adhere to the fundamental principles stated in the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,Including the Moon and Other Celestial Bodies,and the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of All States, Taking into Particular Account the Needs of Developing Countries. China maintains that international exchanges and cooperation should be strengthened on the basis of equality and mutual benefit, peaceful utilization and inclusive development.

On October 20-21, 2016, to celebrate the 60th anniversary of the creation of China's space industry, “China Aerospace Summit Forum” and the annual meeting of Chinese Astronautical Society, China Institute of Space Law 2016 was held in Beijing. This forum and annual meeting, with the theme of “Innovation-Driven Development and Creating a Space Power”, is to promote the construction of aerospace power through the implementation of science and technology-driven development strategy and academic exchanges. It adopt a combination of subjective and sub-forum thematic discussions covering areas such as space technology, space science, space applications, space law and space policy. Its eight keynote reports are: “Strategic Thinking on China's Space Industry” reported by Liu Jiyuan, “The Current International Situation and Legal Diplomatic Work” by Xuhong, “Prospect of Manned Space- engineering in China” by Yang Liwei, “the Enlightenment of Disruptive Innovation to the Development of China's Aerospace Industry” by Jiang Fan, “The ‘Belt and Road' Strategy and Internationalized Application of Beidou Satellite Navigation System” by Ran Chengqi, “Smart Cloud: A Intelligent Manufacturing Modes, Means and Formats in Internet Plus Time” by Li Bohu, “the Prospect of ‘13th Five-Year 'space Science and Application” by Guyidong, and“China Aerospace 2049 Vision” by Wang Xubo.

Section Four China and Rule of Law in Cyberspace

I Overview

In 2016, the issue of rule of law in cyberspace continues to be of great prominence in international community, and progress in international rule-making for cyberspace has been achieved. The Chinese government as well as academia has also paid great attention to this issue. For example, the 13th Five-Year Plan for Economic and Social Development of the People's Republic of China adopted in March 2016 for the first time states that China should “actively participate in international rulemaking for cyberspace, deep seabed, the polar region, and airspace and outer space”. At a study session attended by members of the Political Bureau of the CPC Central Committee on October 9, 2016, Xi Jinping, Secretary-General of the CPC Central Committee, called for greater efforts to build China into an internet power, as well as greater voice from China in setting the rules for cyberspace.

Against this background, the Chinese government has been very active in various multilateral and bilateral forums, so as to provide Chinese solutions and wisdom for rule of law in cyberspace. Some achievements with representativeness will be introduced and analyzed.

II Development in 2016

1. UNGGE

The UN Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, also known as UNGGE, consists of representatives from countries in different parts of the world, including major powers such as China, Russia, the United States, and the United Kingdom, and has played an increasingly important role in international rule-making for cyberspace. The third (2012-2013) and fourth (2014-2015) UNGGE have come up with two important consensual documents in June 2013 and July 2015

respectively, which contributed significantly to the application of international law in cyberspace and the development of norms of responsible behaviour of States in cyberspace. According to the resolution A/70/237 adopted by the General Assembly on November 23, 2015, the fifth UNGGE has been established, with its membership expanded from 20 to 25 countries (including China). The new UNGGE is scheduled to convene four sessions in 2016-2017, and will submit its report to the 72nd session of the General Assembly in September 2017.

In view of its growing influence in rule of law in cyberspace, the Chinese government has paid high attention to the UNGGE. In June 2016, the Office of Cyber Affairs of the Chinese Ministry of Foreign Affairs has invited a group of more than ten experts from governmental agencies like State Cyber Administration and Ministry of Public Security as well as several think-tanks to discuss the topics of concern to the Chinese government. On this basis, the Chinese delegation participated in the first session of the fifth UNGGE held in New York from August 29 to September 2 and its second session held in Geneva from November 28 to December 2, 2016. Although at this stage it is still unclear what could be achieved by the new UNGGE, it's no doubt that the careful preparation through incorporating expertise of governmental agencies and scholars will allow the Chinese government to more effectively participate in the various topics of the UNGGE and play a greater role.

2. AALCO's Working Group of International Law in Cyberspace

The Asian-African Legal Consultative Organization (AALCO) set up in 1956 partly as an outcome of the Bandung Conference held in 1955, is currently the only intergovernmental organization in the field of international law for Asian and African continents with forty-six member states and two observer states. The purposes and objectives of AALCO are, among others: to serve as an advisory body to its Member States in the field of international law and as a forum for Asian-African co-operation in legal matters of common concern; to guide the practice of Asian and African countries in the field of international law, and to contribute to the progressive development and codification of international law.

The Chinese government thinks highly of the role of AALCO in strengthening Asia-Africa solidarity and cooperation and in positively constructing international order and rule of law. During the 54th annual session of the AALCO held in Beijing in April 2015, Chinese Premier Li Keqiang attended the opening ceremony and gave a keynote speech, in which he proposed that the Asian and African countries should actively participate in international law-making and jointly counter such global non-traditional security challenges as cyber security. He also announced that China will fund the establishment of a China-AALCO research and exchange program on international law, so as to support the development of AALCO. At the proposal of the Chinese government, AALCO for the first time included “international law in cyberspace” as an agenda item in its 53rd annual session held in 2014, and decided to establish a Working Group on International Law in Cyberspace in the 54th session held in 2015. The 55th annual session held in New Delhi, India from 17th to 20th of May 2016 witnessed the first meeting of the Working Group on International Law in Cyberspace, in which the Chairperson, Vice-Chairperson and Rapporteur of the Working Group were elected. The nomination of Prof. Zhixiong Huang by the Chinese government as the Rapporteur of this Working Group was endorsed, which allows him to strengthen the voice of China and other Asian-African countries in international rule-making for cyberspace. From this annual session on, the Working Group plans to forge consensus among AALCO member states and strengthen the influence of Asian-African countries in international rule-making for cyberspace by conducting thematic studies and organizing inter-session meetings.

Besides, supported by the Chinese government, AALCO organized a side event with the theme of “Enhancing International Cooperation on Combating Cybercrimes” during the 25th session of UN Commission on Crime Prevention and Criminal Justice (CCPCJ) held from 23rd to 27th May 2016 at the UN Office in Vienna, Austria. The event was chaired by His Excellency Prof. Dr. Rahmat Mohamad, the Secretary-General of AALCO, and near 50 participants, including Mr. Hossein Panahi Azar, Director-General of International Legal Affairs, Ministry of Foreign Affairs of Iran, Her Excellency Ayesha Riyaz, Ambassador of Pakistan to Austria, as well as officials from China, Russia, the United States, Canada and other countries attended the event. As one panelist, Prof. Zhixiong Huang from China analyzed the existing regional initiatives on combating cybercrimes and highlighted the need for negotiating a new global convention on cybercrime. The presentation was welcomed by the participants.was adopted by the high-level advisory committee for the WIC organizing committee secretariat as the core outcome document of the WIC. This report stresses that “[m] any countries will continue to pay high attention to cyber security and to make generally accepted international Internet rules on the basis of respecting national sovereignty in cyberspace, while recognizing the need for cooperation and agreement based on the UN Charter and international law and fundamental principles of international relations and international cyberspace matters. International norms and regulations will become the common aspiration of international society.”

3. Wuzhen Summit of the World Internet Conference

The third World Internet Conference (WIC) was held at Wuzhen, Zhejiang Province from 16th to 18th November 2016, which was attended by over 1,600 participants from over 110 countries and regions. In his keynote speech via video at the opening ceremony, President Xi Jinping again elaborated on China's vision on global internet governance, stating that China would like to work together with the international community to“ensure the common well-being of humanity, uphold cyberspace sovereignty and also promote more fair and equitable global internet governance”. Liu Yunshan, a member of the Standing Committee of the Political Bureau of CPC Central Committee, delivered a speech at the opening ceremony of the WIC. On the basis of the Wuzhen Initiative proposed during the 2nd WIC, the launch of the Wuzhen Process was announced during the 3rd WIC,and the Wuzhen Report on World Internet Development 2016

Since international rule-making for cyberspace was not the central theme of the previous WIC meetings, this conference is thus far the only “home court” of China in the competition in cyberspace, which can be utilized to strengthen China's voice and influence in the governance of cyberspace. In fact, in his keynote speech at the 2nd World Internet Conference in December 2015, President Xi Jinping not only proposed 4 principles for making progress in the transformation of the global internet governance system (including respect for cyber sovereignty), but also put forward 5 proposals to build “a community of shared future in cyberspace”, calling for all states to “push for the formulation of international cyberspace rules accepted by all parties”, and to “improve dialogue and consultation mechanism on cyberspace, and study and formulate global Internet governance rules”. The launch of the Wuzhen Process and the adoption of the Wuzhen Report in 2016 can be seen as a new attempt by China to exert greater influence in global internet governance (including the relevant rule-making).

4.Summit of BRICS Leaders and the Goa Declaration

On June 16, 2009, the leaders of Brazil, Russia, India and China, held the first formal meeting in Yekaterinburg, Russia. During this meeting, they discussed issues including the reform of international financial institutions, food safety, energy security, and climate change, and issued a joint statement. The leaders also founded the cooperative mechanism among BRIC countries.

From 15th to 16th October, 2016, the 8th Summit of BRICS Leaders was held in Goa,India, leading to the issuance of the Goa Declaration, which emphasizes the importance of further strengthening BRICS solidarity and cooperation, stating that “BRICS countries represent an influential voice on the global stage through our tangible cooperation, which delivers direct benefits to our people.” In this Declaration, four paragraphs (paras. 64-67) were devoted to issues related to cyberspace, they emphasize that “the use and development of [information and communication technologies (ICTs)] through international and regional cooperation and on the basis of universally accepted norms and principles of international law, including the Charter of the UN; in particular political independence, territorial integrity and sovereign equality of States, the settlement of disputes by peaceful means, non-interference in internal affairs of other States as well as respect for human rights and fundamental freedoms, including the right to privacy; are of paramount importance in order to ensure a peaceful, secure and open and cooperative use of ICTs.”The leaders also stressed the need to enhance international cooperation against terrorism and criminal misuse of ICTs and the key role of the UN in addressing the issues related to the security in the use of ICTs. They furthermore reaffirmed that “[w]e will continue to work together for the adoption of the rules, norms and principles of responsible behaviour of States including through the process of UNGGE. We recognise that the states have the leading role to ensure stability and security in the use of ICTs.”

Brazil, Russia, Indian, China and South Africa, as the five most important emerging economies in the world today, can certainly make unique contribution to international rule of law by enhancing cooperation and expressing common concerns on issues relating to governance of and international rule-making for cyberspace.

5. Sino-US Group of Experts

During President Xi Jinping's visit to the United States in September 2015, the two countries reached important consensus on cyberspace security and joint studies on making appropriate code of conduct for states in cyberspace. In line with this consensus, the 1st China-US Senior Experts Group meeting on cyberspace international rules was held in Washington D.C on May 11, 2016. Director-General of the Department of Arms Control of the Foreign Ministry Wang Qun and Coordinator for Cyber Issues of the Department of State Christopher Painter of the US co-chaired the meeting. Chinese representatives from Ministry of Foreign Affairs, Office of the Central Leading Group for Cyberspace Affairs, Ministry of National Defense, Ministry of Industry and Information Technology and Ministry of Public Security, as well as US delegates from Department of State, White House National Security Council, Department of Defense, Department of Justice, Department of Homeland Security, Federal Bureau of Investigation and National Intelligence Council attended the meeting. Both sides, in an active, in-depth and constructive manner, discussed issues related to cyberspace international rules, including state code of conduct as well as international law and trust-building measures related to cyberspace.

There are both important disagreements and tangible common interests between China and the United States, in terms of constructing order and rules for cyberspace.Carrying out bilateral conversations and improving strategic dialogue through such mechanisms as China-US Senior Experts Group on Cyberspace International Rules can exert positive influence on the cyber relations of the two major cyber powers and the development of international rule of law in cyberspace.

Moreover, the Chinese government also paid attention to the “Tallinn Manual 2.0” project on international law in cyberspace launched by the NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE) in 2014. After its participation in the first “Tallinn Manual 2.0 consultation meeting” held in April 2015, the Chinese government again attended the second “Tallinn Manual 2.0 consultation meeting” held in February 2016, and expressed its views of and concerns about specific content of the Manual.

III Summary and Prospect

Thus far, the importance of relevant international rule-making in the competition for cyberspace has increased significantly, as countries increasingly resort to international rules in this field to pursue their national interest and strengthen their international voice. Meantime, the pressure exerted by western countries on China with assertions based on international law have had very negative impact on China's participation in international dialogues and rule-making for cyberspace, which is one of the main reasons why China is in a disadvantageous position in the international competition for cyberspace. In recent years, the Chinese government has paid great attention to international rule-making for cyberspace. However, China is still faced with a number of problems and challenges in terms of its participation in international rulemaking for cyberspace, and should strengthen its soft power for shaping and influencing international rules for cyberspace and revert this disadvantageous position.

Section Five China and International Human Rights Law

In 2016, China has made the following achievements in the promotion of the global governance, development and protection of human rights.

I Regarding Rights to Live and Development as the Primary Basic Human Rights

China always complies with the United Nations Declaration on the Right to Development(the Declaration)as an active advocate and an essential enabler.On 4 December 2016, the letter given by President Xi Jinping to the International Symposium on the 30th anniversary for adopting the United Nations Declaration on the Right to Development states that:“Development is an eternal theme for the human race. The UN declaration affirms that the right to development is an inalienable human right…China regards development as the key to solving all problems and the primary task for the Communist Party of China in governing and rejuvenating the country. China insists on a combination of the principle of universality of human rights and the nation's actual conditions, and insists that the rights to live and development are primary basic human rights. For years China has put the people first during its development, increasing their benefits, ensuring the people are their own masters and supporting development in an all-round way. These are both the starting points and the goals of development. China has effectively safeguarded the people's right to development and carved out a human rights development path with Chinese characteristics. China has actively participated in global governance and made great efforts to promote inclusive development, striving to create conditions and opportunities for all countries, especially developing countries, so that they may share the fruits of development.” On 5 December 2016, Beijing Proposal was adopted, and it states that the right to development is a universal and inalienable general human right, and that the guarantee of the right to development is manifested in the realization of economic, social, cultural and environmental rights, and also in the acquirement of civil and political rights. The international community should therefore attach equal importance to the promotion and protection of economic, social, cultural and environmental rights as well as civil and political rights. The right to development is an individual as well as a collective right. Governments are obliged to keep improving conditions to facilitate the development of all nations and individuals, and the right to development requires sustainability. Countries, societies and individuals should all bear obligations and responsibilities for sustainable development. To realize and guarantee the right to development, they need to conform to the concept of balanced and sustainable growth, and promote harmony between man and nature, economy and society.People all over the world should enjoy the right to development, and the realization of the right to development requires governments to map out strategies and policies consistent with their countries' domestic situations. It also requires the international community to seek equitable, open, all-round and innovation-driven development, enhance cooperation, strengthen support for developing countries, especially for the least developed countries, promote inclusive development and build a community with shared future for mankind.

In addition, China has made great contribution to the global human rights cause by actively exploring and practicing the protection on the rights to live and development.

Firstly, China insists on the targeted poverty alleviation and elimination to ensure that all people can have opportunities to develop and enjoy the fruits of developments. In March and October of 2016,the State Council of P.R.C.respectively issued the White Paper on Further Improving the Assistance System for Poverty-Stricken Persons and the White Paper on China's Progress in Poverty Reduction and Human Rights,both of which summarized achievements and remaining problems in poverty alleviation and deployed steps for further improving and guaranteeing people's livelihood such as bolstering the support system for people living in the extreme difficulty. So far, China has helped 1.3 billion people solve food and clothing problem, offered employment opportunities to more than 770 million people, and implemented the nine-year compulsory education policy throughout the country.

Secondly, China always promotes the ecological civilization and the green development in all economic and social aspects with the five developmental ideas of“innovation, coordination, greenness, openness and sharing”. For example, the ecological civilization has been considered a human rights matter in China since 2012. As for the climate change, on the one hand, China has formulated and implemented a national strategy consistent with domestic situation; on the other hand, China has actively joined and advanced series of consultations on the Paris Agreement which was eventually signed officially by China's government on 22 April 2016.

Thirdly, China's proposal on the “Belt and Road” Initiative has provided the declaration with substantive contents by forging a community of shared future with countries along the route and enjoying the shared achievements.

Fourthly, China has actively assisted many developing countries to reduce poverty and develop themselves. Over more than six decades since the founding of the People's Republic of China in 1949, China has provided nearly RMB 400 billion to 166 countries and international organizations, and sent more than 600,000 aid workers. On several occasions China has unconditionally canceled interest-free loans to heavily indebted countries and least developed countries. In addition, China-UN Peace and Development Fund has been put into operation and the South-South Cooperation Assistance Fund has been officially launched. In 2016, during the Third Committee of the UN General Assembly at the Dialogue with the Special Rapporteur on Extreme Poverty and Human Rights, the Chinese delegation participated in the discussion and called on developed countries to implement the United Nations 2030 Agenda (the UN 2030 Agenda) for Sustainable Development and honor their assistance commitments to developing countries by improving their capacity to reduce poverty. It is also China's position that developing countries need to formulate policies in light of their specific situations, further engaging themeselves in South-South Cooperation.

II Promoting Communication and Cooperation of Human Rights Based on the Principle of Equality

China upholds that the communication and cooperation in the field of human rights should be consistent with the purposes and principles of the UN Charter, which are primarily respecting the sovereignty, independence and territorial integrity of states. China opposes politicization of human rights issues, double standards for the appraisal of human rights situations, and to interfere in other countries' internal affairs under the pretext of human rights considerations. On 19 September 2016, the 33rd Session of the UN Human Rights Council was held in Geneva. The Chinese delegation attended and called on countries to work for the UN 2030 Agenda which provides the solid foundation for the protection and promotion of human rights; adhere to people-centered development approach by promoting and protecting all human rights, including the right to development; ensure the realization of all categories of human rights in a balanced manner, and promote social justice; respect diversity in development models, ensuring sufficient policy space for the protection and promotion of human rights; pursue dialogue and cooperation, and support developing countries to strengthen capacity building;uphold the spirit of equality and mutual trust, inclusiveness and mutual learning, and win-win cooperation, and promote the universal realization of development and human rights of people in all countries; and remain committed to the promotion and protection of human rights in the process of development.

In terms of excessive concerns and groundless accusations made by US and UK towards China's single cases of human rights at the 31st Session of the UN Human Rights Council. China claimed that the fact that few western countries intended to interfere in China's internal affairs and judicial sovereignty under the pretext of human rights seriously violated the UN Charter and relevant resolutions of the General Assembly. Besides, it also exerted adverse impacts on cooperation and coordination in human rights issues among countries. In terms of attitudes towards human rights situations in specific areas, China objected to impose any special investigation mechanism over any region without the consent given by the State concerned. Meanwhile, China called on the international community to view other countries' human rights progress objectively, evaluate their achievements fairly, understand their practical difficulties and provide them with corresponding technical assistance and capacity support. For the human rights in the Democratic People's Republic of Korea (DPRK), China emphasized that issues of human rights cannot be politicized, and the discussion of human rights issues in DPRK should be conducive to the objective of denuclearization of the Korean peninsula, easing the tension of the peninsula in order to maintain peace and stability. For the human rights situation in Iran, China believed that Iran's religious and cultural traditions should be respected and efforts should be made in tackling the issue of violence against women, promoting women's participation in politics. With regard to the human rights situation in Belarus, China believed that the country's progress in economic, social, cultural rights and the right to development should not be ignored and focus should not be placed solely on civil and political rights in Belarus.

At the multilateral and cross-regional level, China organized the 16th AsiaEurope Meeting (ASEM) Seminar on Human Rights in 2016 which is also of the commemoration of the 10th anniversary of the adoption of the Convention on the Rights of Persons with Disabilities and the 20th anniversary of the establishment of ASEM. The seminar was conducted on the theme of “Protecting the Human Rights of the Disabled”. China claimed that the international community should actively protect the rights of the disabled, strive to build a harmonious and inclusive social environment, increase investment, and carry out international exchanges and cooperation in the cause of persons with disabilities. In March 2016, China attended the 60th United Nations World Conference on Women and the subordinate conferences of four host countries of the Commission on the Status of Women (CSW) to illustrate the efforts made by Chinese government in promoting women's all-round developments through years. China also encouraged all parties to further enhance the cooperation in order to create an easier international environment for woman to develop well. In September 2016, China and African countries held a conference with the theme of “Realizing the Economic and Social Rights through the Implementation of the UN 2030 Agenda”. In the conference, China claimed that implementing the UN 2030 Agenda is conducive to the realization of the economic, social and cultural rights and shared its remarkable achievements by practicing this idea. In October 2016, the Center for Human Rights Studies of the Chinese Academy of Social Sciences held the international symposium on International Cooperation in Human Rights and China's Perspective. More than 50 experts and scholars from China, UK, Netherlands, Sweden, Italy, Australia and South Africa attended and discussed how to strengthen the bilateral and multilateral cooperation in the field of human rights.

At the bilateral level, in 2016, China conducted the 9th Human Rights Dialogue with Switzerland, the 14th Human Rights Dialogue with Germany and the 23rd Human Rights Dialogue with Britain. China also launched the first human rights consultation with South Africa and African Union respectively. On 30 March 2016, the Sino-Australian Seminar on the Treatment of Female Prisoners was held in China. Representatives from the Ministry of Justice of P.R.C, the Australian Human Rights Commission and the Women's Prison of the Damm Felice Frost Center in Victoria, as well as some relevant representatives from the National Prison System of P.R.C attended the seminar and discussed such issues as management and rehabilitation of female prisoners, protection of guaranteed rights for special female prisoners and the work on socialization educational rehabilitation of female prisoners. Besides, in 2016, the second China-EU Human Rights Seminar was held in Chongqing. More than 50 experts and scholars specialized in human rights from China and Europe exchanged their standpoints on the protection of human rights of minorities.

III Respecting Function and Implementation of International Human Rights Instruments

In 2015, the National Joint Conference Mechanism of P.R.C conducted a final evaluation of the Second National Human Rights Action Plan of China (2012-2015) and published the Implementation Evaluation Report subsequently.According to the Report, the plan achieved an overall success with all tasks and objectives fulfilled duly. In September 2016, based on experience gained in the implementation of the first and second national human rights action plans, and in combination of it with the Outline of the 13th Five-Year Plan for National Economic and Social Development of the People's Republic of China,the Chinese government has issued the National Human Rights Action Plan of China(2016-2020).The Action Plan defines the objectives and tasks of respecting, protecting and promoting human rights in the period from 2016 to 2020.

China has always attached great importance to the judicial protection of human rights.In 2016,the State Council Information Office of P.R.C.released the White Paper on New Progress in the Judicial Protection of Human Right, which shows new achievements China has gained in protecting human rights in judicial practice, including building a case-filing register system, revamping and improving litigation system,strictly enforcing the principles of legality,in dubio pro reo and exclusion of unlawful evidence, and raising a higher standard for procedures of protecting human rights in judicial process. Meanwhile, the White Paper also set up new targets on perfecting the mechanism of judicial protection and legally guaranteed procedure of of human rights, and that of safeguarding the legitimate rights and interests of detainees. The publication of the White Paper indicates that China always regards the improvement of the judicial protection of human rights as one of the important objectives for promoting and practicing the rule of law in China.②

China safeguards access to justice for citizens, in particular the vulnerable groups. For this purpose, China has mainly adopted the following measures: First, steadily improving the regime of laws, regulations and policies to protect the litigation rights of parties through legislation. China's criminal, civil and criminal procedure laws have all clearly established the legal system for the protection of the right to litigation. Promulgated for implementation in 2003, the Regulation on Legal Aid has clearly set forth the basic framework and major elements of the legal aid system. Measures on the Payment of Litigation Costs, which were promulgated in 2006, contain detailed provisions on the postponement of, reduction of, and exemption from the payment of litigation costs by parties with economic hardships or vulnerable groups such as persons with disabilities. Second, continuously improving the mechanism of judicial protection of human rights for the realization of judicial procedural justice. As of May 1, 2015, the people's courts replaced the case-filing review system with a case-filing registration system to ensure the exercise of litigation rights of parties abiding by the law and without impediment. Chinese judicial organs provide financial relief to victims of criminal crimes who are unable to obtain effective compensation, meticulously perform their duty of notifying such victims of their right to apply for judicial relief, and ensure the timely provision of relief. Third, ensuring legal assistance to reinforce the legal protection of human rights. China has basically put in place a legal aid structure with the government as the organizer, lawyers and grass-root legal aid professionals as the service providers, and volunteers as the supplement. As of 2015, 24 provinces, autonomous regions and municipalities directly under the jurisdiction of the central government had established province-level specialized funds for legal aid, 3,500 legal aid service windows have been opened across the country to provide services to the public, and more than 70,000 legal aid stations have been built. Fourth, enhancing the protection of special groups and safeguarding the legitimate rights and interests of the vulnerable. Over a dozen of legislative documents,including Law on the Protection of the Rights and Interests of the Elderly, Law on the Protection of Women's Rights and Interests, Law on the Protection of Minors and Law on the Protection of Persons with Disabilities,have stipulated clear provisions on protecting litigation rights of the vulnerable groups. China's courts at all levels have reduced or exempted the litigation fees for persons with disabilities and have worked hard to build accessibility facilities for persons with disabilities to facilitate their litigation. China has built up an initial form of a legal aid network for women which comprises of multiple legal aid stations dedicated to helping women, and launched the China Legal Aid Action Project for Women. As for cases involving minors as offenders and/or victims, the legal aid agencies or courts also provide legal or judicial assistance to them according to law.

In addition, China also develops particular concern for the protection of human rights of the special groups. On the protection of women's rights, in November 2015, the 5th Plenary Session of the 18th CPC Central Committee adopted Suggestions of the CPC Central Committee on the 13th Five-Year Plan for National Economy and Social Development(“the Suggestions”).The Suggestions incorporated requirements proposed by the UN 2030 Agenda including the protection of women's rights and the ongoing Program for the Development of Chinese Women (2011-2020). On the protection of human rights of minorities, China always adheres to the national policy of equality of nationality and the 13th Five-Year Plan of strengthening the regional construction. On the protection of human rights of the disabled, in 2015, China issued “Opinions on Speeding up the Process of Building a Well-off Society for People with Disabilities”,and in 2016,China released the Outline of the 13th Five-Year Plan for Speeding up the Process of Building a Well-off Society for People with Disabilities in which the special needs of people with disabilities have been fully take into consideration in the fields of education and employment, social security, poverty alleviation and development, sports and service facilities, and information construction, which created a favorable environment for people with disabilities to enjoy rights and develop freely. On the protection of human rights of the elderly, China attaches great importance to the development of education for the elderly. In 2016,the State Council of P.R.C.issued the Education Development Plan for the Elderly (2016-2020).

On the implementation of international human rights instructions,the National Human Rights Action Plan of China(2016-2020)published by Chinese government on 29 September 2016 promises that in order to carry out the work plan for better implementing international human rights instruments, China shall complete the third report on implementing the International Covenant on Economic,Social and Cultural Rights,and submit it to the UN Committee on Economic,Social and Cultural Rights; complete the seventh report on implementing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and submit it to the UN Committee Against Torture; complete the fourteenth to seventeenth combined report on implementing the International Convention on the Elimination of All Forms of Racial Discrimination, and submit it to the UN Committee on the Elimination of Racial Discrimination; complete the ninth report on implementing the Convention on the Elimination of All Forms of Discrimination Against Women, and submit it to the UN Committee on the Elimination of Discrimination Against Women; complete the fifth report on implementing the Convention on the Rights of the Child, including the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict,and submit it to the UN Committee on the Rights of the Child; complete the second report on implementing the Convention on the Rights of Persons with Disabilities, and submit it to the UN Committee on the Rights of Persons with Disabilities; continue to advance related legal preparations and pave the way for ratification of the International Covenant on Civil and Political Rights.

IV Advancing Global Governance of Human Rights from Different Levels

1. Initiating International Human Rights Dialogues with UN Bodies

The year of 2016 marks the 10th anniversary of the establishment of the UN Human Rights Council. During the 32nd Session of UN Human Rights Council, China raised seven principles for advancing dialogues and cooperation on international human rights issues: first, solving human rights issues should be in line with the purposes and principles of the UN Charter; second, economic, social, cultural rights, as well as the right to developments should be of paramount consideration; third, the international community should endeavor to maintain regional and global stability, and settle each international and domestic dispute by peaceful means; fourth, the international community should strengthen sincere dialogues and constructive cooperation on international human rights protection based on principles of equality and mutual respect, and should abandon the Cold War mentality and confrontation by avoiding using human rights as a political tool; fifth, when dealing with human rights conditions of other countries, difference in conditions of history, religion, cultural traditions, social systems, and developmental stages should not be neglected, which means that we should respect each country's choice to do what is right for one's specific condition; sixth, the international community should help developing countries build their capacities; seventh, the UN Human Rights mechanism should conduct its work in an objective and impartial manner.

China has also expressed serious concern about the work of Office of the UN High Commissioner for Human Rights (OHCHR). In 2016, the Chinese delegation stated in the interactive dialogue with the OHCHR at the 3rd Committee of the 71st General Assembly, that the High Commissioner and OHCHR, as part of the UN Secretariat, should set an example in abiding by the UN Charter and respecting the sovereignty and territorial integrity of its member States; that the High Commissioner and OHCHR should fully respect the differences in development stages, social systems, and historical and cultural traditions of different countries,respect the human rights development path and priorities of the peoples of all countries; that the High Commissioner and OHCHR should adhere to the principles of impartiality, objectivity and non-selectivity, engage in constructive dialogue and cooperation with all countries within the mandate of the UN General Assembly, and prevent the politicization of human rights; that OHCHR should improve its efficiency and transparency, and address the problem of imbalance of the geographical distribution of its staff as soon as possible. As for the statement of the UN High Commissioner regarding groundless accusation against China's internal affairs on 16 February 2016, China claimed that the UN High commissioner must treat human rights issues in of all member countries objectively, rather than impose certain human rights notions that only reflect the aspirations of some countries.

In 2016, the Chinese delegation voted against the Draft Resolution A/HRC/31/L.28 on “promotion and protection of human rights in the context of social protests”. China explained that peaceful protests should fall within the category of freedom of peaceful assembly and association, rather than being a kind of emerging special right; when exercising their own freedom and rights, citizens must not harm national, social and collective interests or others' legitimate freedom or rights, and neglect the legal framework; the primary obligation to promote and protect human rights in peaceful protests rested on each state government. In 2016, the Chinese delegation also voted against the Draft Resolution A/HRC/31/L.28 on “protecting human rights defenders addressing economic, social and cultural rights”. China made an explanatory statement that China had been consistently opposing to the behavior of introducing inconclusive concepts of human rights forcibly in the discussion of Human Rights Council as defining the “human rights advocates” as a special group.

As for the protection of all persons from enforced disappearance, on 24 October 2016, China clarified its standpoints during the dialogue with the Working Group on Enforced Disappearances at the 3rd Committee of the 71st General Assembly, that enforced or involuntary disappearances constitute extreme acts in violation of human rights and should be combated and punished by all countries according to law. The Chinese Constitution and laws stipulate explicitly that citizens enjoy personal freedom which no organizations, entities or individuals have the right to illegally constrain. The latest edition of our National Human Rights Action Plan also emphasizes that judicial organs cannot enforce measures or punishment that limit citizens' personal freedom without constitutional or legal basis. China holds that both the prevention and elimination of acts of enforced disappearance and the relevant relief and compensation should be in strict compliance with the law of the country concerned. China has been committed to the cooperation with special procedures including the Working Group on Enforced and Involuntary Disappearance and has always replied to the Working Group timely. At the same time, China hopes that in conducting its work, the Working Group will strictly abide by the purposes and principles of the UN Charter and the code of conduct for specialized procedures, uphold the principles of objectivity and impartiality, use true and verifiable information, and engage in constructive dialogue and cooperation with national governments, in an endeavor to advance the healthy development of the international cause of human rights.

On the 33rd Session of the UN Human Rights Council held in December 2016, on behalf of almost 140 countries, the Chinese delegation made a joint statement with the theme of “Development Promotes Human Rights”, which emphasizes the importance of development in protection and promotion of human rights. On 28 October 2016, during the election of Human Rights Council members for the next term (from 2017 to 2019) of the 71st UN General Assembly, China won the reelection by 180 votes. It has been the fourth time for China to be elected since the Human Rights Council's establishment. On the 26th Session of the United Nations Human Rights Council Working Group on Universal Periodic Review in November 2016, the Chinese delegation actively participated in the review of human rights situations in ten countries including Togo, Syria, Venezuela, Iceland, and offered appropriate suggestions. China also emphasized that principles of objectivity, transparency, non-selectivity and non-politicization were foundations and the driving force for running the national human rights review mechanism in long term, and that all parties participated in the review should evaluate the human rights situation and the development of human rights in the country concerned objectively and justifiably. Especially for the least developed countries, countries suffering from wars and conflicts, small islands and some developing countries, the mechanism should take into account their special difficulties and challenges, encourage them to adopt measures based on their own situations through dialogues, and provide technical assistance with the agreement of countries concerned in order to help them better implement the accepted suggestions.

2. Engaging in Reviews and Consultations on Human Rights Issues

In 2016, the Chinese delegation attended a series of human rights sessions of United Nations, including regular sessions, special sessions and working group sessions on national human rights review of Human Rights Commission and relevant sessions at the 3rd Committee of the 71st UN General Assembly. China also attended a series of multilateral sessions such as the 60th Session and sessions whose themes are relevant to the UN Commission on the Status of Women and the Annual Session of the UN-Women Executive Board. On those sessions, China actively participated in the reviews and consultations on each human rights issue, and contributed its own standpoints and suggestions which strongly facilitated the conclusion for each issue.

On the issue of drug control and human rights, Chinese government always supports and respects drug-dependent users' human rights, dignity and fundamental freedom while controlling the drug demands. China also agrees that countries should observe relevant international human rights instructions and apply their domestic laws to solve global drug problems. Besides, China encourages countries to conduct dialogues with International Narcotics Control Board (INCB) and relevant UN bodies including human rights bodies on the issue of reducing drug demands under the legal framework of three international drug control conventions. China also proposed three principles for global drug control: first, to uphold the authority of the current drug control system under the fundamental guidance of the three international drug control conventions and the 2009 Political Declaration and Plan of Action,and utilize human rights conventions as useful references and supplements; second, to deal with drug problems in a comprehensive, integrated and balanced manner and seek the broadest possible consensus while respecting the differences of states conditions; third, to adhere to the principle of shared responsibility and launch the cooperation and judicial assistance of law enforcement on drug control based on the principle of equality and mutual assistance.

On the promotion and protection of women's rights, during the G20 presidency,China held on May 26, 2016 the W20 meeting, which adopted the Women 20 Meeting Communiqué, and contributed wisdom to the promotion of women's empowerment and inclusive growth of the world economy. China holds that the protection of women requires proactive work with the UN 2030 Agenda as the center, and that gender equality and women's empowerment can only be achieved through development; that UN-Women should strengthen its support for developing countries, align its priorities of work with the host countries' national circumstances and tailor-made policies created for each specific country, and help them address problems of women's poverty reduction, employment and development. At the same time, China also develops great concern for women's rights in developing countries. For instance, China has always attached great importance to the cooperation with African countries on women's issues, and promoted dialogues among leaders and provided substantial material support.

On the promotion and protection of children's rights, China believes that countries need to effectively implement targets relating to children contained in the UN 2030 Agenda. China has been consistently supporting the UN system in playing an important role in the international cooperation for strengthening the protection of children's rights, and encouraging the civil society in playing a constructive part in promoting and assisting the protection of the rights of children. China called on the developed countries to provide substantive financial and techological assistance to the developing countries and help them protect the rights and interests of children, and the developing countries to share experience with one another, thus creating better amd conducive environment for the development of children throughout the world. In 2015, President Xi Jinping announced at the Global Leaders' Meeting on Gender Equality and Women's Empowerment that China would, in the next five years, help the developing countries implement 100 Happy Campus projects and provide financial assistance to girls living in poverty so as to raise their enrollment rate.

On the protection of the persons with disabilities, China believes that an effective way to address the issue of persons with disabilities and guarantee their rights is to enable them to fully share the fruits of economic and social development and to raise their visibility in society. Government should endeavor to create an enabling environment for the development of persons with disabilities by reducing various obstacles to their full participation in social life and by eliminating discrimination and prejudices against them. China has been consistently holding that the key to the guarantee of the rights of persons with disabilities lies in development; that states need to advance balanced economic and social development with a view to ensuring the right to education of persons with disabilities, providing them with suitable jobs, raising their income level and improving their livelihood so that they can achieve true personal development through social and economic development.

Section Six China and International Humanitarian Law

I Participating in Reviews and Consultations on International Humanitarian Law Issues

1. Protection of Civilians in Armed Conflict

On protection of civilians in armed conflict, China supports international community's pragmatic and effective efforts to achieve constructive results. On 19 January 2016, the Chinese delegation expounded China's position at the Security Council Open Debate on Protection of Civilians in Armed Conflict: “Firstly, all parties involved in an armed conflict must fully comply with international law, international humanitarian law and the relevant Security Council resolutions, and be committed to protect civilians. Secondly, as the core of the collective security mechanism, the Security Council should strengthen preventive diplomacy to prevent armed conflict, contain the escalation of conflict and advocate the political way to resolve conflict. Thirdly, in the protection of civilians, peacekeeping operations must strictly comply with Security Council mandates, maintain objectivity and impartiality and avoid becoming a party to the conflict. Fourthly, all parties in an armed conflict and the UN humanitarian agency must comply with their obligations, the basic requirement of the UN Charter and the relevant principles of UN on humanitarian aid, and carry out humanitarian aid operations in armed conflict properly”.

On the issue of trafficking in persons in armed conflict, China strongly condemns and resolutely opposes all forms of related sexual violence, including trafficking in persons, especially woman and girls, and supports the international community's adoption of zero-tolerance policy and effective implementation of S/PRST/2015/25. China also claims that to resolve this problem, the international community should respect state sovereignty and encourage the concerned countries to play their roles in conflict resolution. Besides, the conflicting parties should try to utilize peaceful ways such as dialogues and consultations to settle conflicts in order to eradicate the sexual violence radically, and further advance the coordination on fight against terrorism and violent extremism.

On protecting civilians in peacekeeping operations, China firmly supports and actively participates in UN peacekeeping operations. China is the largest troopcontributing country (TCC) among the Council's permanent members, and the second-largest financial contributor to the peacekeeping budget. China has dispatched a total of more than 30,000 peacekeepers, and more than 2,600 of them are serving in 11 peacekeeping missions. China holds that protecting civilians is one of mandates of UN peacekeeping operations. Peacekeeping mission acted under this mandate should make clear their limits on rights and conditions for respecting the leading role of concerned countries. Besides, it should be objective and impartial in order to make sure that such missions could win recognition and support from the countries concerned and the international community. On the one hand, the international community should strengthen the capacity-building of the TCCs and ensure that peacekeeping missions acquire the equipment and resources needed for completing their mandate. On the other hand, the international community should strengthen the sense of urgency and the political settlement of regional hotspot issues, and ensure sustained protection for civilians in conflict areas. As for sexual assaults committed by a few of peacekeepers in some countries recently, China blamed that such phenomenon violated the purposes of the peacekeeping cause and seriously degraded the reputation of UN peacekeeping missions. Therefore, the Council, the Secretariat, TCCs and host countries should strengthen their cooperation to punish those who committed the crime and prevent such tragedy from happening again.

On protecting children in armed conflict, China is opposed to any violation of children's right, such as the recruitment and use of child soldiers in armed conflict, and calls on the international community to resolve disputes through peaceful means, prevent and put an end to armed conflict, and fundamentally address the issue of children's involvement in armed conflicts. China also points out that the crimes of terrorist organizations, such as murder, torture and kidnapping of children should be severely punished, and the international community should make uniform standards to fight against terrorism, preventing children from becoming the victims of terrorist and extremist ideologies. On trafficking in refugees and migrants, the international community should strengthen the humanitarian relief for displaced children on the premise of respecting the sovereignty of relevant countries and the principles of humanity, neutrality and impartiality.

On protecting medical personnel and facilities in armed conflicts, China advocates that host countries and parties should, in fulfillment of their obligation, investigate and punish acts of violence, attacks and threats against medical personnel and facilities in armed conflict in accordance with the law; that medical personnel and humanitarian organizations engaged in medical duties should, in carrying out their humanitarian relief activities during armed conflict, respect the principles of humanity, neutrality, impartiality and independence, avoiding any involvement in the conflict; that the Security Council should strive towards the settlement of differences among parties through peaceful means, prevent or contain conflicts from worsening, in order to fundamentally prevent medical personnel and facilities from being threatened; that the UN should promote the establishment of effective communication mechanism between humanitarian assistance organizations and nation states, the parties to the conflict and the relevant UN agencies and institutions to protect medical personnel and facilities.

On the humanitarian situation in Syria, on 9 February 2016, Wang Yi, the Foreign Minister of China, participated on behalf the Chinese delegation in the fourth foreign ministers' meeting of the International Syria Support Group in Munich, and played an significant role in making the important decision which aims to escalate humanitarian relief, achieve a complete cessation of hostilities in Syria, and recover the Intra-Syrian Peace Talks as soon as possible. On 27 February 2016, the UN Security Council adopted Resolution 2268, which confirmed the agreement reached between the United States and Russia on cessation of hostilities in Syria. China firmly supported it, and regarded it as a product of the agreed decision made on the fourth foreign ministers' meeting of the International Syria Support Group. China consistently upholds the general direction of political settlement, and believes that the international community should bring into full play the UN's role as the main channel of mediation in the Intra-Syrian Peaceful talks, and resolve disputes and conflicts through the “Syrian-owned and Syrian -led political process”. China also emphasizes that counter-terrorism is key to resolving Syrian conflict, and that international counter-terrorism cooperation needs to act according to uniform standards. Considering the severe humanitarian situation in Syria, China claimed that conflicting parties must provide full humanitarian access, ensuring that humanitarian supplies can be delivered in timely and safe manners.

2. International Arms Control and Disarmament

Upholding the post-war order for international security is in the best interests of the overwhelming majority of countries. The multilateral and bilateral treaties on arms control and disarmament, including the Treaty on the Non-Proliferation of Nuclear Weapons(NPT),the Chemical Weapons Convention(CWC),the Biological Weapons Convention(BWC), and the Comprehensive Nuclear Test Ban Treaty (CTBT), which totally restrict the methods and means of using force, are the pillars of the stabilization of the post-war order for international security. China has always supported and attached importance to international efforts in arms control and disarmament. Apart from joining those relevant treaties, China also sticks to the common, comprehensive, cooperative and sustainable New Security Concept raised by President Xi Jinping, which played an important role in guiding and promoting efforts for international arms control.

2.1 Prohibition or Restriction on the Use of Weapons

a. Chemical and biological weapons

On 17 November 2016, the Chinese delegation attended the Eighth BWC Review Conference,and affirmed that the Chemical Weapons Chemical Weapons Convention(CWC), as the first international treaty banning the entire category of weapons of mass destruction, is an important platform for the maintenance of international biosecurity and strengthening biosecurity governance. China proposes that the international community should follow the concepts of fairness and effectiveness, balance and order, cooperation and mutual assistance, as well as take all factors into consideration in addressing biosecurity issues, particularly by establishing an effective and fair global legal mechanism through open and transparent intergovernmental negotiations. The international community also should re-prioritize implementation, advance the nonproliferation and international cooperation in a balanced manner, and take into account the fact that biotechnology is of vital importance for security and development, as well as consider the relationship between national condition and demands for secure international biosecurity.

In practice, China has established a non-proliferation export control and international cooperation regime under the framework of CWC, and actively promoted the Template of Biological Scientist Code of Conduct. Currently, the draft of this template has already been completed. On the implementation of treaties, China has strictly followed the CWC provisions and practically advanced its implementation. China has further enhanced relevant legislation, improved safety management of bio labs, strengthened responding mechanism for communicable disease outbreaks, established an inter-sectoral ministerial implementation mechanism, and incessantly improved the nonproliferation mechanism. On the issue of international cooperation in biosecurity, China stands committed to enhancing international exchanges of biotechnology for peaceful purposes. In fighting the 2014 Ebola outbreak in West Africa, China organized the largest-scale biosecurity international operation ever in its history, which sent nearly 1,200 healthcare personnel, quarantined and treated over 900 cases, and trained over 13,000 local medical personnel for disease prevention. A biosecurity lab was also built with China's assistance. The Chinese government highly values the unique role played by NGOs in ensuring biosecurity. Relevant departments have established long term cooperation with the Strategic Research Centre on Biosecurity of Tianjin University in China.

b. Conventional arms

China has always supported practical and feasible confidence-building measures in the field of conventional arms control, and has made continuous efforts in promoting related international and regional disarmament processes. China has been an active participant in the United Nations Register of Conventional Arms and the United Nations Military Expenditures. The meeting of UN Group Governmental Experts (GGE) on the Register of Conventional Arms was held to review the operation and developments of the Register this year. China holds that the pressing task is to improve the universality of the Register, i.e. to increase the number of participating countries. China supports necessary measures taken by the international community to regulate international conventional arms trade and to combat the illicit transfer and trafficking of conventional arms. China has constructively participated in the Arms Trade Treaty (ATT) negotiation process, and is currently discussing the possibility of acceding to the ATT. China is ready to strengthen cooperation with all parties with a view to building a regulated and reasonable arms trade order.

China attaches great importance to the fight against illicit trade in small arms and light weapons (SALW). China has been earnestly implementing the United Nations Program of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. In this regards, China has adopted a series of measures in terms of legislation, law enforcement, capacity building, international exchanges and cooperation, in order to achieve remarkable results. China actively participated in the Sixth Biennial Meeting of States on SALW held in June 2016 and worked with all sides to make positive progress in this meeting.

2.2 Issues of Nuclear Disarmament and the Disarmament Mechanism

a. Issues of nuclear disarmament

China has been actively participating in global nuclear governance by staunchly supporting the nuclear disarmament process, firmly upholding nuclear nonproliferation regime and actively promoting the peaceful use of nuclear energy. In this way, China is making important and unique contribution to the promotion of international peace and security. China has always complied with prescriptions in Treaty on the Non-Proliferation of Nuclear Weapons (NPT), and spared no effort in enhancing its universality, authority and effectiveness. Besides, China supports the objectives and purposes of the Comprehensive Nuclear Test Ban Treaty(CTBT). Committed to promoting the early entry-into-force of the CTBT, China has honored the commitment of moratorium on nuclear test and made steady progress regarding domestic preparation for the implementation of the treaty. In June 2016, China sent a high-level delegation to the Ministerial Meeting of the Twentieth Anniversary of the CTBT, showing its firm support to the Treaty.

China attaches great importance to the issue of transparency and confidencebuilding. In recent years, China has issued several White Papers and submitted to the NPT review conferences its national reports, comprehensively elaborating China's nuclear strategy, policies and other relevant efforts. China actively prompts the P5 to implement the NPT review outcomes, and continues to take the lead of the P5 Working Group on the Glossary of Key Nuclear Terms, with a view to enhancing mutual understandings and trust on nuclear issues among relevant parties.

In 2014, together with the other four states with nuclear weapons, China signed the Protocol to the Treaty on a Nuclear Weapon Free Zone in Central Asia.China has resolved all the pending issues with ASEAN countries in the Protocol to the Southeast Asia Nuclear-Weapon-Free Zone Treaty. In 2015, President Xi Jinping attended the 2015 Nuclear Security Summit and made a speech to elaborate the policy of China comprehensively and introduce the new measures and achievements China made in the field of nuclear security. In September 2015, China and the UN Security Council jointly held the Asian-Pacific Training Courses of Non-Proliferation for National Points of Contact, which represents a big step in promoting the capacity building for Asian countries to implement resolutions. On November 11, the Nuclear Suppliers Group (NSG) officially launched Two-Step Intergovernmental Process by convening a meeting in Vienna to discuss “Technical, Legal and Political Aspects of Non-NPT States' Participation in the NSG”. Chinese delegation attended the meeting and made a statement that this meeting marks a good beginning of the twostep inter-governmental process launched by the Group. China supports the continuation of this open and transparent inter-governmental process, in accordance with relevant rules of the Group, and to ensure a solid first step taken towards an early formula on the above issues, so that the Group can proceed to the second step of taking up country specific membership application by non-NPT states at an early date. To this end, China maintains that any formula worked out should be non-discriminatory and applicable to all non-NPT states, without prejudice to the core value of the NSG and the effectiveness, authority and integrity of the international non-proliferation regime with the NPT as its cornerstone, and without contradicting the customary international law in the field of non-proliferation. The 24 September of 2016 marks the 20th anniversary of the opening for signature in New York of CTBT. As one of the countries signing the treaty in the earliest time, China has always stood for the complete prohibition and thorough destruction of nuclear weapons, and adhered to the policy of no-first-use of nuclear weapons. Under no circumstances will China use or threaten to use nuclear weapons against non-nuclear-weapon states or nuclear-weapon-free zones. On 22 October, the Chinese delegation attended the Thematic Debate on Nuclear Weapons at the 1st Committee of the 71th Session of UN General Assembly. China claimed several standpoints on the international nuclear disarmament as follows:

“First, universal security should be upheld as the guiding principle in nuclear disarmament. We should adhere to the new security concept underpinned by common, comprehensive, cooperative and sustainable security, fully respect and accommodate the legitimate security concerns of all countries and abandon the outdated Cold War mentality, so as to eradicate the root causes of the existence and proliferation of nuclear weapons, and create necessary conditions for further progress in nuclear disarmament.

“Second, step-by-step and incremental approach should be adopted in nuclear disarmament. Complete prohibition and total elimination of nuclear weapons cannot be achieved overnight. On the contrary, it can only be obtained through a just, reasonable process of gradual reduction towards a downward balance. Nuclearweapon states should publicly commit not to indefinitely hold on to nuclear weapons. Countries possessing the largest nuclear arsenals bear special and primary responsibilities for nuclear disarmament, and should further reduce their arsenals in a verifiable, irreversible and legally-binding manner. When conditions are ripe, all nuclear weapon states should join the multilateral nuclear disarmament negotiation process.

“Third, the authority of existing multilateral disarmament mechanisms should be preserved. The attempt to abandon existing multilateral arms control mechanisms such as the Conference on Disarmament and the NPT review process and to compromise the principle of consensus is counterproductive in a way that it cannot guarantee full and effective participation of all stakeholders and cannot produce any“meaningful” results.

“Fourth, global strategic balance and stability must be maintained. Nuclear disarmament must be carried out in accordance with the principles of maintaining the global strategic balance and stability; and undiminished security for all. The deployment of the global missile defense system undermines both the strategic stability and the nuclear disarmament efforts. China urges relevant countries to abandon the practice of seeking absolute strategic advantage expeditiously.

“Fifth, the role of nuclear weapons in national security doctrine should be effectively reduced. Effectively downplaying the role of nuclear weapons in national security policy will be an important precondition for and an essential step toward the complete prohibition and total elimination nuclear weapons.”

China also claimed that No-First-Use commitment by nuclear weapon states is the most realistic step in this direction. China calls on all nuclear weapon states to make the no-first-use commitment as well as unconditional commitment to not using or threatening to use nuclear weapons against non-nuclear-weapon states and nuclear-weapon-free zones. In 1994, China officially submitted to the United States,Russia,Britain and France the draft of the Treaty on No-First-Use of Nuclear Weapons against Each Other and proposed that five nuclear-weapon states should carry on consultations and negotiations on this issue as soon as possible. Besides, China advocates that an international legal instrument to this effect should be negotiated.

b. Issues of disarmament mechanism

On 26 October 2016, the Chinese delegation elaborated several standpoints on the disarmament mechanism in the session of the1st Committee of the 71st Session of the UN General Assembly : “First, the root cause of the current stalemate in the multilateral disarmament machinery lies in lack of political will. The absolute security, putting their own security above others', and double standards imposed by some countries, have created negative impact on international security environment, only by reversing this worrisome trend as soon as possible, can the multilateral disarmament machinery be brought to the path of healthy development fundamentally”. Second, “the fundamental approach to break the deadlock of multilateral disarmament machinery is to seek for solutions within the framework of existing mechanism by consensus. Consensus, as the core of the rules of procedure for disarmament machinery, is vital to guarantee the security interests of all states, thus its role should only be enhanced rather than weakened. Third, the fundamental way out to revitalize the disarmament machinery is to give full play to the creative thinking of all parties and to move in a positive direction. China has made the proposal that, the Conference on Disarmament (CD) could take the issue of no-firstuse of nuclear weapons as its priority to conduct substantial work, which is not only conducive to greatly pushing forward the nuclear disarmament process, but also to breaking the deadlock in the CD and bringing vigor to the multilateral disarmament machinery. Besides that, in light of the development of international situation on security and arms control, China advocates to introduce and review new topics in the CD, or discuss and deal with emerging issues within the CD's traditional agenda items, such as cyber security.”

3. Protection of Persons in the Event of Disasters

In 2016, the Chinese delegation reiterated China's standpoints on the topic of Protection of Persons in the Event of Disasters at the 6th Committee of the 71st Session of the UN General Assembly on the topic of Report of the 68th Session of the International Law Commission. China believes that: “[T]he draft articles adopted on second reading have drawn on some comments submitted by states and international organizations and made adjustments to the rights and obligations of both the affected states and the assisting parties. A higher threshold was set for the duty of an affected state to seek external assistance by changing the phrase ‘a disaster exceeds a State's national response capacity' into ‘a disaster manifestly exceeds a State's national response capacity'. The previous expression that assisting parties ‘have the right to' provide assistance was changed to‘may' which is not legally binding. And the latest draft also added the obligation of assisting parties to expeditiously give due consideration and reply to the request for assistance of an affected state.'' China believes that “these adjustments improve the parity and balance between the two sides in terms of rights and obligations, and are conducive to enhancing the effectiveness of international disaster relief cooperation''. However, “they are not widely recognized state practice and hence far from becoming lex lata.Whether they are binding on a state in the future depends on the acceptance of that state”.

II Promoting Domestic Dissemination of International Humanitarian Law and Implementing Humanitarian Assistance Comprehensively

1. Domestic Dissemination

China has always enhanced the cooperation with International Committee of Red Cross (ICRC) to disseminate the international humanitarian law domestically. In 2016, ICRC and Red Cross Society of China co-founded the Humanitarian Communication and Innovation Fund, which aims to further conduct the humanitarian relief work on those conflict-affected or emergency-affected people. On 21 July 2016, the Training Course on International Humanitarian Law among college peer educator was held in Liaoning Province. This activity deepened students' understanding of the Red Cross movement and enhanced their basic knowledge of international humanitarian law. From 6 to 11 September 2016, Chinese Red Cross Emergency Rescue Unit (ERU) held a training session at the Shanghai Red Cross Disaster Preparedness and Relief Center. Participants learned basic rules of international humanitarian law and related humanitarian issues in all aspects. On 28 October 2016, the 2016 Experience Sharing Session on the Exploration of Humanitarian Law was held in Qingdao, starting a global educational project designed for young people from 13 to 18 which aims to disseminate the Red Cross movement and the basic rules of international humanitarian law. From 22 to 24 September 2016, RANDY International Think Tank, National Institute of AsiaPacific and International Strategy and the International Federation of Red Cross and Red Crescent Societies co-sponsored the Post-World Humanitarian Summit ActionChina Dehong International Workshop. The meeting was the first international high-level seminar to discuss the implementation of the Summit's follow-up since the UN World Humanitarian Summit on 23 May 2016. Participants attending the seminar actively discussed topics such as situation and future of humanitarian and development, prevention and termination of conflict, development of the demand oriented work model, inter-links between humanitarian and development, and resource integration in the humanitarian field.

2. International Humanitarian Assistance

On 8 December 2016, during the discussion on the topic of Strengthening of the Coordination of Humanitarian and Disaster Relief Assistance of the UN, including Special Economic Assistance at the 71st Session of the UN General Assembly, the Chinese delegation pointed out that it was imperative for the international community to unite together, forge consensus, address both the symptoms and the root causes and take effective measures to respond to the increasingly severe situation. China stressed: first, respect for the international law and norms governing international relations constitute the basic premise for effective humanitarian assistance and the international community must uphold the non-military nature of humanitarian assistance; second, developed countries needs to effectively fulfill their ODA commitments and to help developing countries realize development and take it as the fundamental way to reduce the need for humanitarian relief; third, the international community should effectively help the affected countries increase their capacity in disaster risk management and disaster prevention, preparedness, response and resilience; fourth, Office for the Coordination of Humanitarian Affairs (OCHA) should, according to its mandate, play an important role in coordinating international humanitarian assistance, and increase the representation and voice of developing countries in international humanitarian affairs.

On 23 May 2016, the First Humanitarian Summit was held in Istanbul, Turkey. Representatives from the Chinese government and academic circle as well as the International Federation of Red Cross and Red Crescent Societies attended the meeting. The content of this conference covered some important global issues such as refugee assistance, natural disasters, climate change and gender equality. On 9 November 2016, in order to fully enact the promise on humanitarian aid, the Ministry of Commerce of P.R.C signed agreements with the UN World Food Program, the United Nations High Commissioner for Refugees (UNHCR), the World Health Organization (WHO) and the ICRC representatives respectively, promising that China would provide humanitarian aid to refugees and displaced persons in the Middle East through those organizations.

China highly regards the work on providing the humanitarian assistance to other regions. China has so far been involved in United Nations peacekeeping operations in Africa for 16 times. Currently, there are more than 2,600 peacekeepers in the 7 United Nations missions in Mali, the Democratic Republic of the Congo, South Sudan, Sudan's Darfur, Liberia etc. performing their tasks. China has also sent convoys to Somali waters and the Gulf of Aden to help countries in that region to combat piracy. In December 2015, President Xi Jinping proposed at the Johannesburg Summit of China-Africa Cooperation Forum to implement the “Ten Cooperation Plans”between China and Africa. One of the plans is to strengthen cooperation on peace and security in Central Africa. President Xi Jinping announced that China would continue to participate in the United Nations peacekeeping operations in Africa, and provide 60 million US dollars to the African Union to aid the African standing army and to support African countries in their increase of capacity in national defense, antiterrorism, antiriot, customs control, and immigration control.

On the issue of Syrian refugees, in 2016, China has provided 685 million yuan as humanitarian assistance to the Middle East countries, including Syria, through the UNHCR, the Syrian Red Cross and other channels. During the visit to Middle East countries, President Xi Jinping announced that he would provide humanitarian assistance worth 230 million yuan to Syria and other countries. While attending the Supporting Syria and the Region Conference in London, Foreign Minister Wang Yi also announced that 10,000 tons of food aid would be provided to alleviate the food shortage faced by Syria and its neighboring countries.

Section Seven China and International Criminal Law

I Engaging in Institutional Construction of International Criminal Law

1. International Criminal Court

China always attaches great importance to the role of international criminal justice bodies and the efforts in promoting the international rule of law and punishing serious international crimes, especially that of the first permanent court—the International Criminal Court (ICC). At the same time, China also hopes that the ICC will strictly abide by the UN Charter and ensure that its efforts aimed at upholding justice are truly conducive to the promotion of peace, stability and national reconciliation, and truly contribute to the cause of peace and justice.

In October 2016, Burundi, South Africa and Gambia announced to withdraw from the Rome Statute of the ICC. Russia also announced the withdrawal of the signature of the Statute on 16 November. China respects their decisions, and believes that at the time of its creation, the ICC enjoyed widespread popularity and support among African countries. However, it is now the subject of criticism and opposition of an increasing number of African countries, some of whom even withdrew. The ICC should therefore introspect on what have happened. States bear the primary responsibility for punishing international crimes, eliminating impunity and achieving justice. The ICC was established to complement national criminal jurisdictions. It should therefore fully respect their judicial sovereignty, instead of trying to replace them, letting alone allowing itself to be used as a tool by some countries or groups of countries to achieve political ends. How should the ICC fulfill its mandate under the Rome Statute in a cautious manner, how should it win the trust and respect through objective and fair conduct, and how should it achieve the initial goals of its creation, these questions merit serious reflection.

During the 15th Session of the Assembly of States Parties to the ICC, the Chinese delegation raised serious concerns on the inappropriate exclusion of observer states from consultation on draft resolution or other consultation processes by subsidiary bodies both on informal occasions and in the Assembly publicly. China has stated its standpoints: First, Rules of Procedures of the Assembly fully entitles the participation of observer states, and exclusion of observer states from informal consultations is inconsistent with usual practice of the international organizations' procedures. The Committee's interpretation of the Rules and the so called “previous practice” not reasonable. Rather, it is deviation from the principle of transparency in the procedures. Second, universality and inclusiveness are the basis for the establishment of the ICC, and it is the ICC's purpose to maximize states' participation and strengthen the international cooperation to fight against international crimes. However, the exclusion of observer states from the informal consultations is inconsistent with the ICC's usual position and purpose, no matter in the view of encouraging the observer states to become States Parties, or considering the global relevance of the content of proceedings (especially the informal consultations of activation of the crime of aggression).

2. Ad hoc Tribunals and Mechanism for International Criminal Tribunals

China has always supported the work of two ad hoc criminal tribunals,the International Criminal Tribunal for Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Mechanism for International Criminal Tribunals (MICT). On 8 December 2016, at the Security Council Debate on the ICTY and the MICT, China appreciated the continuous judicial activities done by the ICTY and the MICT which has successfully taken over all the remaining work of the ICTR.

As for challenges facing the ICTY mentioned by President Agius and Prosecutor Brammertz in their reports at the Security Council Debate on 8th December of 2016, China hoped that the ICTY will take measures to enhance efficiency and overcome the difficulties. On the MICT, China held that, the MICT should keep in mind the request that it should be “small, temporary and efficient” in judicial activities. And China also hoped that ICTY would cooperate closely with the MICT in order to ensure the conclusion of its work before the end of November 2017 and the smooth transfer of its remaining work to the MICT.

3. Crime of Aggression

After the entry into force of the Rome Statute in 2002, the first Assembly of States Parties of the ICC established the Special Working Group on the Crime of Aggression to solve the problem on the crime of aggression. China has participated in all reviews and discussions. On 11 June 2010, the first Review Conference of the Rome Statute was held in Kampala, Uganda, which 4600 representatives from 111 state parties of the Rome Statute, governmental or non-governmental organizations attended. The conference finally concluded by consensus that it is important to include the definition of the crime of aggression and the conditions for the ICC to exercise jurisdiction over it into the Rome Statute by adopting the Amendments on the Crime of Aggression. China also actively participated in and witnessed the whole process as a responsible observer state.

China believes that, on the definition of crime of aggression, all proposals raised by each country and relevant international legal instruments should be taken into full consideration for concluding a generally accepted solution. On the jurisdiction matter, China holds that the ICC's judicial activities should not violate the UN Charter. China insists that aggression is an act of state so that only the Security Council has the right to recognize this act rather than any other bodies. ICC's jurisdiction on the crime of aggression should have the pre-requisite condition of the recognition made by the Security Council first, otherwise it would be inconsistent with the authority and responsibility the UN Charter granted to the Security Council for maintaining the global peace and security.

At the 71st Session of the UN General Assembly on Agenda Item 72 Report of the International Criminal Court in 2016, China expressed concern for the Amendments on the Crime of Aggression which will be in force in 2017. China notes that currently 32 States ratified or accepted the Amendments on the crime of aggression to the Rome Statute, which will enter into force upon adoption by a two-thirds majority of the States Parties. China believes that the crime of aggression has a bearing on international peace and security, and that the Security Council enjoys exclusive power when it comes to determining the existence of acts of aggression. The ICC, when determining the existence of acts of aggression, should act within the framework of international law established by the UN Charter. The ICC cannot exercise jurisdiction if the concerned countries have not accepted the Amendments on the crime of aggression.

4. Crime against Humanity

China holds that, according to customary international law, crime against humanity should be committed in the wartime or some special occasions related to wartime. Besides, the existing specific crimes of crimes against humanity are far beyond the customary international law and lex lata which in fact are breaches of International Human Rights Law. China believes that the purpose of establishing the International Criminal Court is to punish the most serious crimes which are totally different from any international human rights courts. Therefore, including human rights contents into the crimes against humanity is contrary to the purpose of the ICC. In 2016, at the 71st Session of the UN General Assembly on Agenda Item 78 Report of the International Law Commission (ILC) on the work of its 68th Session, the Chinese delegation reiterated China's position on the issue of crime against humanity.

First, on the working method of the ILC, China has noted that the ILC has set under this topic the objective of formulating an international convention especially on crimes against humanity. But judging from the deliberations at the Sixth Committee last year, it is apparent that States have not reached wide consensus on this point. The second report and the draft articles adopted by the Commission basically rely on analogous deduction primarily by sorting and summarizing relevant provisions in other international conventions on combating international crimes. This is not codification of the provisions related to crimes against humanity as found in existing laws, but a proposal to draft a new law. Though the Commission used a similar approach in relation to very few topics such as the Law on Non-Navigational Uses of International Watercourses, in view of the complexity and sensitivity of the topic on crimes against humanity per se,the advisability of this working method is open to question.

Second, on the stipulation of Draft Article 5 that states should legislate to list crimes against humanity as offences under their respective criminal code, China is of the view that States should be given some room for autonomy in decisions on whether relevant legislation is necessary, and if necessary how to achieve this end. As for the form of legislation, States should be allowed to stipulate, in light of the realities of their national legislation, provisions on the crimes listed in the above-mentioned draft article under the offences of “crimes against humanity” or some other offences.

5. Jus Cogens

In 2015, the ILC formally included the topic of jus cogens in its current work program at the 67th Session. In 2016, the 6th Committee of the UN General Assembly first considered the topic of jus cogens, and the Special Rapporteur presented his first report at the meeting. China fully acknowledges the theoretical and practical significance of the Commission's discussion on the topic of jus cogens and points out that:

“First, the deliberations on this topic should strictly follow the provision in Article 53 of the 1969 Vienna Convention on the Law of Treaties,i.e.,jus cogens is“a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character”. The work on this topic should focus on clarifying the meaning of the basic elements of jus cogens as mentioned above on the basis of taking stock of state practice,with the emphasis on codifying existing laws rather than drafting a new law. Addition of new elements, if needed, should be fully backed by state practice and be universally accepted or recognized by States.

“Second,China has taken note of the core elements of the jus cogens concept as proposed by the Special Rapporteur, including“universal applicability”, that jus cogens norms are superior to other norms of international law and“protect(ion) of fundamental values of the international community”. In China's view, these proposed elements are obviously at variance with the basic elements of jus cogens as defined in Article 53 of the above-mentioned convention and are, in essence, an alteration of jus cogens.Elements of jus cogens have a bearing on the major interests of all States and direct implications on their rights, obligations and responsibilities. Is there a need for adding new core elements? What is the basis for such additions?And what implications would they have? These are questions that China suggests warrant further studies.

“Third, China has noted the Special Rapporteur's proposal that“jus cogens norms are superior to other norms of international law”. Does this imply that jus cogens should prevail over the UN Charter and relevant resolutions of the Security Council? Article 103 of the UN Charter stipulates explicitly that “obligations under the present Charter shall prevail” over “obligations under any other international agreement”.How is the relationship between jus cogens and the UN Charter to be handled? China believes that this kind of questions await further explanation.

“Fourth, in China's view, it is not suitable to prepare at this stage a list or annex related to the rules of jus cogens.The correct approach would be to collect and study state practices as they relate to jus cogens and, on that basis, clarify the specific standards of jus cogens before exploring the need or otherwise for preparing a list or annex.”

6. Immunity of State Officials from Foreign Criminal Jurisdiction

In 2016, the 6th Committee of the 71st Session of the General Assembly reviewed the topic of Immunity of State Officials from Foreign Criminal Jurisdiction, which involved the very complex and sensitive problem of exceptions to official immunity. The Chinese delegation expressed China's views on the fifth report submitted by the Special Rapporteur at the meeting:

“The Chinese delegation supports the conclusion of the report that there is no exception in respect of immunity ratione personae,but do not support,however,the three exceptions to immunity ratione materiae as posited by the Special Rapporteur,i.e., serious international crimes, crimes that cause harm to persons or property in the territory of the forum State and crimes of corruption. China holds that the bulk of the evidence cited in the report for or against the aforementioned exceptions consists of just objections in minority opinion regarding (a small number of objections to) relevant International Court of Justice (ICJ) decisions and civil cases before some national or international judicial bodies, such as the European Court of Human Rights. Such evidence is hardly convincing in that it lacks relevance and is clearly tendentious.

“One, serious international criminal offences do not constitute an exception to immunity from foreign criminal jurisdiction. First of all, immunity is procedural in nature and falls under an entirely different category of rules vis-à-vis that of substantive rules which determine the lawfulness of a given act (including jus cogens).Therefore,violation of substantive rules should not preclude the application of procedural rules. This was confirmed in both the ICJ's Arrest Warrant case and the case of jurisdictional immunities of the State. Secondly, although international conventions against serious international crimes oblige states parties to establish jurisdiction or to assume obligations of cooperation in investigation, apprehension and extradition, this is without prejudice to the immunity of officials from foreign criminal jurisdiction under customary international law. This was also confirmed in the ICJ's Arrest Warrant case.

“Two, as regards crimes committed in the territory of the forum State that cause harm to persons or to property (territorial tort), we have noted that the report mainly draws on international treaties governing consular immunity and State immunity, as well as national legislations on immunity of countries like the United Kingdom, the United States, Russia and Australia. However, the exceptions in respect of harm to persons or property as established by these treaties and domestic legislations apply exclusively to civil procedures. By drawing direct parallels between these exceptions and exceptions to immunity of State officials from criminal jurisdiction, the report confuses immunity from civil jurisdiction with that from criminal jurisdiction without sufficient support in legislation and in practice.

“Three, regarding crimes of corruption, in our opinion, these crimes generally do not involve immunity from criminal jurisdiction of a foreign court and therefore do not warrant being singled out as a standalone exception for study. Any official involved in a corruption case is held accountable primarily through domestic prosecution and, in case the suspect has fled abroad, he may be prosecuted in his home country after being extradited, repatriated or persuaded to return. Where assistance is required for prosecution in a foreign country, the State of the official should provide a waiver of his immunity.”

7. Scope and Application of the Principle of Universal Jurisdiction

In 2016, the eighth year that the Sixth Committee of the UN General Assembly considered the issue of universal jurisdiction, China reiterated its position on that issue.

First, “the establishment and exercise of universal jurisdiction should be in line with the purposes and principles of the UN Charter and the norms of international law without violating state sovereignty, interfering in the internal affairs of States, or infringing upon the immunity enjoyed by States, state officials and diplomatic and consular personnel”.

Second, “universal jurisdiction is complementary in nature. Respect should be given to the primacy of the exercise of territorial, personal and protective jurisdiction by States, so as to avoid overlapping or competing jurisdictions and maintain the stability of the system of international law and international relations. At the same time,universal jurisdiction is different from the obligation of aut dedere aut judicare,and from the jurisdictions explicitly conferred upon existing international judicial bodies by treaties or other legal instruments”.

Third, “with the exception of acts of piracy, States have divergent views on whether universal jurisdiction exists in other situations as well as on its scope and conditions of its application, and no rule of customary international law has yet taken shape in this regard. The discussion of this topic at the current stage should focus on questions such as ensuring that States apply universal jurisdiction in a prudent manner and refrain from overstepping the existing international law, unilateral claims or the exercise of universal jurisdiction that is not explicitly permissible under the existing international law, with the view to maintaining the stability and healthy development of international relations”.

8. Preventing and Countering Terrorism

On 1 January, China issued Counterterrorism Law, providing a strong legal support and guarantee for fighting against violent terrorism.

China has taken an active part in multilateral cooperation mechanisms such as collaborating with the United Nations, the Shanghai Cooperation Organization (SCO), International Criminal Police Organization (Interpol), the Global Counterterrorism Forum (GCTF) and the ASEAN Regional Forum. China also has carried out substantive counterterrorism cooperation with other countries in intelligence sharing, information verification, specific case handling and capacity building. In addition, China has provided, to the best of China's capability, the material assistance and assistance in capacity building in counterterrorism to other developing countries. China, as the Presidency of the Security Council in April 2016, initiated the Security Council Debate on Countering Terrorism, which strengthened all parties' political will to fight against terrorism and put forward a series of new measures and proposals to enhance international counterterrorism coordination and cooperation. On 21 October 2016, Chinese government hosted the Second Workshop on Combating Cyber Terrorism within the framework of the GCTF in Beijing, which studied ways to refine the implementation of relevant provisions of Security Council Resolution 2129, explored the possibility of formulating guidelines on defining cyber terrorism, and promoted the establishment of an effective cooperation mechanism.

In Position Paper of P.R.C submitted to the 71st Session of the UN General Assembly, China advocated that the UN and its Security Council should play a leading role in international counterterrorism cooperation, and fully implement relevant Security Council resolutions and the UN Global Counterterrorism Strategy. China praises the effect of the Counterterrorism Committee (CTC) on strengthening the capacity-building of Member States and international cooperation in combating terrorism, supports the efforts of the Committee established pursuant to Resolution 1540 (2004) to prevent proliferation activities for terrorist purposes, and supports the efforts of the 1267th Committee within its mandate under Council resolutions to strengthen the communication with the relevant countries and the review of listing and delisting. On 11 May 2016, the Chinese delegation participated in the Security Council Debate on Countering the Narratives and Ideologies of Terrorism. China held that it would launch counterterrorism education to raise public awareness, cut off the channels used for spreading terrorist ideologies, strengthen the international counterterrorism network, and promote dialogue inter-civilization dialogues and build a new type of international relations.

On 1 July 2016, on the 4th Review Conference of the General Assembly on the Global Counterterrorism Strategy, China put forward six points that: “First, to increase political input in counterterrorism, adhere to uniform standard in counterterrorism and forge a greater international consensus on counterterrorism;second, to intensify prevention, firmly combat terrorist organizations to incite hatred, discrimination, violence and other extremist behavior by using distorted religious doctrines or any other means; third, to block the flow of terrorists across borders, eliminate sources of funds and weapons for terrorists; fourth, to update the means of response and effectively suppress the use of the Internet and social media for terrorism; fifth, to strengthen overall coordination and form a joint effort of the UN system against terrorism; sixth, to promote inter-civilization dialogues and build a new type of international relations. In October 2016, the Chinese delegation participated in the UN General Assembly on Agenda Item 108: Measures to Eliminate International Terrorism, and reiterated China's main position on the issue of counterterrorism.”

At the bilateral level, in 2016, China has conducted anti-terrorism consultations with a series of countries. On 30 March 2016, China and Turkey held the third vice-foreign-ministerial-level consultation on counterterrorism. On 30 September 2016, China and Japan held the third counterterrorism consultation. On 27 October 2016, China and US held counterterrorism consultations. And on 8th November, China and the Republic of Korea held the 7th counterterrorism consultations. Those consultations all achieved fruitful results with views and experiences on national anti-terrorism practices and plan for further cooperation being exchanged.

II Enhancing International Criminal Judicial Cooperation

On international criminal judicial cooperation, the Chinese government has always worked with the international community to keep promoting the development of international criminal judicial cooperation with a positive attitude. Up to February 2017, China has concluded judicial assistance treaties with 70 countries, and 135 extradition treaties and anti-triumvirate agreements (108 entered into force). Among them, there are 48 extradition treaties (34 entered into force), 40 criminal judicial assistance treaties (32 entered into force), 19 civil or criminal judicial assistance treaties (all entered into force) and 7 anti-triumvirate agreements (6 entered into force). In 2016,China and Canada signed the Agreement on Sharing and Repatriated Property on the basis of the Treaty on Criminal Judicial Assistance between China and Canada, and this is also China's first special agreement on the recovery of the property illegally obtained by a criminal and transferred to foreign countries. It is an important measure in the deepening of the international judicial cooperation.

With regard to judicial issues such as crime prevention, the eradication of corruption, combating transnational organized crime and counter-narcotics, in 2016, China has stated its position in the general debate of the 3rd Committee of the 71st Session of the UN General Assembly.

First, all countries need to effectively implement the Doha Declaration of the 13th UN Congress on Crime Prevention and Criminal Justice and promote the rule of law and equitable justice. Facing the various types of new crimes, the international community should strengthen the cooperation and actively explore the possibility of developing within the framework of the UN an international legal instrument of widely recognized authority and universal representation, thus laying the legal foundation for cooperation in fighting against crimes.

Second, in order to eliminate corruption to the maximum extent possible, all countries need to effectively implement the UN Convention against Corruption,reinforce bilateral and multilateral cooperation, eliminate the political and legal obstacles to cross-border hunting for fugitives and recovery of ill-gotten gains, and do a good job in the review mechanism of the implementation of the Convention under the premise of respecting for the sovereignty of the States Parties and noninterference in internal affairs.

Meanwhile, China again stresses the important role of the Convention on Transnational Organized Crime and its related protocols. China encourages all parties to apply the Convention, using it as the legal basis for judicial assistance, extradition and cooperation in recovering ill-gotten gains, and supports developing an appropriate, practical and efficient compliance review mechanism.

On the problem of drug control, China indicates that the international community should focus its drug control efforts on implementing the outcome document of the Special Session of the General Assembly on the Drug Problem. China supports the international drug control system with the three anti-drug conventions as its cornerstone and supports the Commission on Narcotic Drugs, the United Nations Office on Drugs and Crime (UNODC) and the INCB in playing their leading roles in drug control according to their respective mandates. China claims that in controlling drugs, it is necessary not only to safeguard and promote human rights, but also to take into account peace and security, as well as the well-being and common interests of the whole society. Countries are entitled to, in compliance with the three related drug conventions, formulate drug control policies, including criminal justice policies that best suit their specific national circumstances. China objects to link the abolition of the death penalty with the question of drug control. The international community should pay attention not only to the lack of essential drugs prevailing in some countries, but also to the medical abuse, overuse and illegal diversion of controlled substances in certain other countries. China calls on the WHO and the Commission on Narcotic Drugs to strengthen coordination, improve regulation efficiency, take a holistic and objective look at the risks and hazards of drug abuse, as well as the medicinal value of drugs, and address more effectively such new types of psychoactive substances as ketamine. Under the principle of shared responsibilities, countries are expected to help developing countries through such means as financial assistance, technical cooperation and information sharing, to strengthen their capacity building in a joint effort to tackle the challenges posed by drugs.

In practice, China has actively carried out various cooperating operations with the international community. As for combating transnational organized crime, on 17 October 2016, the Chinese delegates attended the Eighth Conference of the Parties to the UN Convention against Transnational Organized Crime(the Convention) and introduced China's practice in implementing the Convention and relevant international cooperation. China also clarified its position on the establishment of the Convention Implementation Review Mechanism and other related issues. In the area of regional joint efforts to combat transnational crime, China is deeply involved in the anti-trafficking cooperation project in the Mekong subregion to crack down transnational trafficking in border areas jointly with surrounding countries, and strengthened cooperation with international organizations such as Interpol and the UNODC in combating trafficking cases and projects. In the area of international cooperation on drug control, on 30 November 2016, the Chinese delegation attended the resumed session of the 59th Session of the Commission on Narcotic Drugs. China clarified its position on the implementation of the special concluding documents for resolving global drug problems of UN General Assembly and the importance of strengthening of the international drug control mechanism. China claimed that international drug control mechanisms based on the three anti-narcotics conventions should still be unswervingly upheld and the commitment and determination should be put into practice; that a comprehensive, integrated and balanced strategy should be insisted on, which means that a few countries should not impose their own practice or views on other countries or regions; that the principle of shared responsibility should be upheld and the international cooperation in drug control should be actively carried out. On international anti-corruption cooperation, at the Group of 20 (G20) Summit in September 2016, China vigorously advocated international anti-corruption cooperation and pushed forward the unanimous approval of the Anti-Corruption Fighting and Shooting High-level Principles and the Anti-Corruption Action Plan 2017-2018 and the establishment of AntiCorruption Fighting and Shooting Research Center in China and other important anti-corruption results documents within G20 countries. On 1 December 2016, the BRICS General Prosecutor Conference was held in Sanya, Hainan. The Attorney Generals from China, Brazil, Russia and other countries and officials of Independent Commission against Corruption in Hong Kong and Macao attended the meeting. Cao Jianming, president of the Supreme People's Procuratorate of China, put forward four proposals on the theme of “Combating Corruption and Safeguarding the Sustainable Development of Economy and Society” at the conference: first, to focus on economic and social development, implement the outcome of the meeting of heads of state, develop and maintain the BRICS Attorney General Conference mechanism; second, to strengthen cohesion and consensus in order to jointly improve the level of international cooperation in anti-corruption; third, to improve the mechanism and deepen pragmatic cooperation to ensure the effectiveness of international cooperation in anti-corruption; fourth, to strengthen the sharing of information and experience, deepen personnel exchanges, and facilitate more convenient channels for international cooperation in combating corruption. On hunting for fugitives and recovery of ill-gotten gains, since 2014, the Chinese government has launched a series of special campaigns such as Hunting Fox and Skynet. Up to September 2016, China has pursuited 2210 people from more than 70 countries and regions, including 363 international staffs, and claimed back 7994 billion RMB of stolen goods. In 2016, under the effective cooperation within China, Canada, the United States, Peru and other countries,37 people listed in the 100 Persons in Red Notice were arrested,including the prime suspects Yang Xiuzhu, Zhu Haiping and Yan Yongming and others.

Section Eight China and International Rule of Law in Other Fields

This section summarizes the relations of China with international rule of law in the following fields in 2016: China and International Energy Law; China, the Law of the Sea and International Rules of Territory and Borders; China and state immunity;China and international legal responsibility; China and law of nationality, treatment of aliens and refugees; China and law of extradition and asylum; China and law of diplomatic relations.

I China and International Energy Law

1. China Has Became the World's Largest Importer of Crude Oil

Since the World War II, the Middle East has become the world energy production center. However, with the continuous improvement of exploitation and mining techniques, this center is transferring to western hemisphere. With the emerging importance of American shale oil, Canadian tar sand oil, Central America offshore oil, Brazil “pre-salt oil”, a new world oil landscape is likely taking shape. As the world productivity center of oil and gas moving westward, the consumption center is transferring from developed countries to Asia-Pacific area where China and India play leading roles. In 2016, China officially overtook the US as the world's largest importer of crude oil. Moreover, in 2016, China's main importers of crude oil are Saudi Arabia, Angola, Russia, Kazakhstan, Iran and so on.

2. Official Establishment of Shanghai Petroleum and Natural Gas Exchange (SHPGX)

For a long time, China has been behaved as a passive receptor of international rules. Chinese government has strived to make its behavior correspond to published requirements and tried hard to change the decision-making model in international rules for its own interests. Very few new rules are advocated by China. As previously mentioned, as the world's second largest oil consumer and the largest oil importer, China is excluded from the pricing mechanism of crude oil. The price of crude oil imported by China is mainly referred to the price of Brent, WTI benchmark oil price of crude oil. Without pricing power for crude oil, China can only accept the international price passively. Dramatically fluctuating international oil price not only brings great market risks to China's petroleum and petrochemical enterprises and terminal users, but also exerts huge impact on its social and economic development and influences its national energy security. Therefore, in the long run, China should actively participate in the pricing mechanism of international oil trade andestablish its own oil price system to strengthen the ability to regulate the international oil price, so as to affect the international oil market and international oil price. In November 11, Shanghai Petroleum and Natural Gas Exchange (SHPGX) was officially established. The operation of this energy trading platform of national level is conducive to increasing China's voice in the field of oil and gas price.

II China, Law of the Sea and International Rules of Territory and Borders

1. China and the Law of the Sea

1.1 Commission on Limits of the Continental Shelf

In accordance with the provisions of article 76 and annex II of the United Nations Convention on the Law of the Sea(hereafter referred to as“the Convention”), Commission on the Limits of the Continental Shelf was established in March 1997. The functions of the Commission shall be: (1) To consider the data and other material submitted by coastal States concerning the outer limits of the continental shelf in areas where those limits extend beyond 200 nautical miles, and to make recommendations in accordance with the relevant regulations of the Convention. (2) To provide scientific and technical advice, if requested by the coastal State concerned during the preparation of the data. On December 20, 2001, Russia has made a submission to the Commission. By the end of 2016, the Commission has held 40 meetings, received 77 submissions and 49 items of preliminary information. 24 cases concerning delimitation have already been concluded. According to prediction, it is not until 2030 that the Commission could finish considering all the submissions it has received.

1.2 Conservation and Sustainable Use of the Biological Diversity beyond National Jurisdiction

At present, the conservation and sustainable use of the biological diversity beyond national jurisdiction has become a hot issue of international concern. In June 2016, UN Assembly passed the 69/292 resolution, deciding to initiate the negotiation for international convention on the conservation and sustainable use of the biological diversity beyond national jurisdiction, and put forward the “three-step strategy”, which respectively means the establishment of negotiation commission, the decision on whether the intergovernmental conference should be convened to launch formal negotiations process, and the publishing of an international convention on the biological diversity beyond national jurisdiction. From March 28th to April 8th in 2016, the preparatory committee convened the first meeting and mainly discussed the problems of marine genetic resources including the sharing of benefit, and the problem of regional management instrument including problems of marine conservation areas, environmental impact assessment, capacity building and the transfer of marine technology. Obviously, the discussion of international community on the conservation and sustainable use of the biological diversity beyond national jurisdiction demonstrates that relevant new rules and regulations on the law of the sea is taking shape.

1.3 New Development of International Sea-Bed Area

2016 witnessed the historical transition of the international sea-bed activities from the exploration stage to the preparatory stage of exploration and development. While large-scale commercial development in international sea-bed areas beginning to take shape, it is imperative that the mining regulations should be established to construct an institutional framework for the exploitation of mining areas in the future. However, the core issue of establishing mining regulation is to balance the relationships among contractors, the International Seabed Authority and the international community when distributing interests, so as to implement the principle of common heritage of mankind in the final analysis. Therefore, how to establish rational, fair and equitable mining regulations in international sea-bed area remains a main challenge for the International Seabed Authority in the years ahead. Moreover,the Assembly of International Seabed Authority decided to launch regularly review procedures of international sea-bed systems. The Review Board, constituted by the chairman of the Assembly and the president of the council, decided to submit an interim report in 2016 and final report in 2017 to determine how to conduct the review. During the 20 years since the establishment of the International Seabed Authority, it maintained an overall stability within the existing institutional framework. However, this problem of regularly review may trigger a severe game between maintaining and changing the existing system, which needs our attention.

1.4 China's Relevant Legislation

On February 26th2016, the Standing Committee of National People's Congress passed the Law of the People's Republic of China on the Exploration and Development of Resources in Deep Seabed Areas. On August 2nd 2016, China implemented the Regulation of the Supreme People's Court on Some Problems Related to Cases Occurred in the Sea Areas under the Jurisdiction of China (a) and (b).

2. China and International Rules of Territory and Borders

As everyone knows, the disputes in South China Sea are very complicated. Disputes of the sovereignty of islands and the sea border delimitation exist between China and countries who claim relevant rights in South China Sea like Vietnam, the Philippines, Brunei, and Malaysia. In January 2013, the Philippines presented a note verbale to the Embassy of the People's Republic of China in the Philippines, stating that the Philippines submitted a Notification and Statement of Claim in order to initiate compulsory arbitration proceedings. In February 2013, China stated that it would not accept the arbitration, and rejected and returned the Philippines' note verbale together with the attached Notification and Statement of Claim. China reiterated that it would neither accept nor participate in the arbitration initiated by the Philippines. In December 2014,China published the Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines,considered that the tribunal established at the request of the Philippines for the present arbitration does not have jurisdiction over this case. In October 2015, the Arbitration Tribunal thought that it had jurisdiction over most of the disputes filed by the Philippines. And on July 12th 2016, it made the final award that China's assertion of the “historic rights” within the“nine-dash line” was not based on law, and none of the Nansha Islands were capable of generating extended maritime zones; that China had violated the Philippines' sovereign rights in its exclusive economic zone; and that China's land reclamation and construction of artificial islands caused severe harm to the marine environment, and was incompatible with the obligations on a State during dispute resolution proceedings.On the same day,China published Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines.In this document,China solemnly declares that the award is null and void and has no binding force, and that China neither accepts nor recognizes it. China also states that the reason why the award is null and void is that the Arbitration Tribunal does not have jurisdiction over this issue and the Philippines' unilateral initiation of compulsory arbitration is a violation of international law.

What's more, the 19th Special Representatives' Meeting on the China-India Boundary Issue was held in Beijing in April 2016. Two sides have entered into extensive, profound and candid exchanges with each other towards the boundary issues.

III China and State Immunity

In theory, China has been adhering to the principle of immunity of states and their property. As a sovereign state, China enjoys state immunity. China itself and its property are not subject to compulsory jurisdiction of any foreign court. State enterprises and companies of China are entities possessing independent legal personalities, therefore they do not enjoy immunity. China adopts corresponding measures according to reciprocity principle in the event that the immunity of the state and its property is infringed by a foreign state disregarding international law.

China is in favor of settling disputes on state immunity among states by means of concluding international agreements. It took an active part in the negotiation and drafting of UN Convention on Jurisdictional Immunity of States and Their Property, and expressed continuously its concerns on relevant issues.

In legislation, China has no other single laws regarding immunity of states and their property except the 2005 Law of PRC on Judicial Immunity from Compulsory Measures Concerning the Property of Foreign Central Banks, but some of its other laws contain pertinent provisions.

In 2005, China signed formally UN Convention on Jurisdictional Immunity of States and Their Property, thus beginning its legislative process towards relative immunity. Other international conventions China signed or ratified also contain provisions regarding jurisdictional immunity of states and their property.

In practice, China insists on state immunity principle essential to the normal development of inter-state relations, and has dealt adequately with cases, including the Huguang Railway Bonds case in 1979 and Morris v. the PRC case in 1985. In FG Hemisphere Associates LLC case, Hong Kong Court of Final Appeal made its final decision in 2011 according to the interpretation of the Standing Committee of NPC that since HKSAR should be in conformity with the Central Government in practice, Hong Kong court has no judicial jurisdiction over Democratic Republic of the Congo.

Faced with the fact that some Chinese state-owned entities such as Aviation Industry Corporation of China (AVIC) and China National Building Materials Group Co. (CNBM) in 2016 and Industry and Commerce Bank of China (ICBC) in 2015 were involved in US law-suits arguing state immunity, the Ministry of Foreign Affairs spokesperson expressed that China demands the host country earnestly respect and safeguard Chinese companies' interests abroad. As to the drywall case, in October, the Ministry in a diplomatic note described the State-owned Assets Supervision and Administration Commission (SASAC)'s inclusion in the lawsuit as extremely ridiculous: “The U.S. court's acceptance of the lawsuit and the attempt to serve on SASAC through various channels have seriously infringed on the national sovereignty and interests of China.”

IV China and International Legal Responsibility

On the issue of international criminal responsibility, individual countries are not responsible according to international law traditions. The concept of international criminal responsibility entered into the domain of international law after WWI. The signing and subsequent coming into effect of the Statute of the ICC symbolized the formal realization of international criminal responsibility system. The ILC classifies international delicts into international crimes and international unlawful acts in its 1996 Draft Articles on State Responsibility.It uses“serious breaches of obligations to the international community as a whole” instead of “international crimes” in its 2001 Draft Articles on Responsibility of States for Internationally Wrongful Acts.

China has taken an active part in the codification and development of the law of international legal responsibility.

As regards to the Draft Articles on Responsibility of States for Internationally Wrongful Acts,China emphasizes its great significance to the stability and healthy development of international relations. Chinese delegation has attended each review meeting and expressed its views. On October 7, 2016, at the 71st Session of the UNGA on Responsibility of States for Internationally Wrongful Acts, Mr. Shi Xiaobin of Chinese delegation stated as follows: “Responsibility of a state for its internationally wrongful acts is both an essential component of the rule of law and a universally accepted norm of customary international law. To define relevant rules is of great importance to the prevention and deterrence of internationally wrongful acts, as well as for the maintenance of the rule of law and the upholding of equity and justice. The Draft Articles codified rather comprehensively rules, which has been constantly tested in practice. Since the completion of the Draft Articles in 2001, discussions have been going on among states on possible GA actions with no consensus. While the Draft Articles seem quite mature, some clauses still remain controversial. Further in-depth discussion among states should be encouraged in order to expand consensus. Any effort towards that end will be viewed positively with an open mind on China's part.”

As to the Statute of the ICC, China took an active part in its legislative process. China always emphasized the important role of the ICC in maintaining international peace, security and justice, prosecuting international crimes, and promoting the development of international law. China hopes that the Court will strictly abide by the Charter of the UN, and ensures its effort to safeguard juridical justice truly conducive to the promotion of peace, stability and national reconciliation. On October 31, 2016, at the 71st Session of the UNGA on Report of the ICC, Mr. Li Yongsheng of Chinese delegation further elaborated China's positions: (1) “China has consistently taken a constructive approach in building international criminal justice system and follows closely the ICC's activities.”(2) “China takes note of the recent announcement by several African countries to withdraw from the ICC Statute. China respects their decision and understands their long standing concerns about the ICC. At the time of its creation, the ICC enjoyed widespread popularity and support among African countries, but it is now the subject of criticism and opposition of an increasing number of African countries. The reasons behind this trend merit in-depth reflection.” (3) “The ICC was established to complement national criminal jurisdictions, should therefore fully respect their judicial sovereignty instead of trying to replace them, letting alone allowing itself to be used as a tool by some countries or groups of countries to achieve political gains.” (4) “China takes note of the fact that currently 32 States ratified or accepted the Amendments on the crime of aggression to the Statute, which will enter into force upon adoption by a two-thirds majority of the States Parties. China believes that the crime of aggression has a bearing on international peace and security, and that the Security Council enjoys exclusive power when it comes to determining the existence of acts of aggression. The ICC, when determining the existence of acts of aggression, should act within the framework of international law established by the Charter of the UN. The ICC cannot exercise jurisdiction if the concerned countries have not accepted the Amendments on the crime of aggression.”

China's participation in international legal responsibility codification is also associated with other topics undertaken by the ILC.

On October 27, 2016, at the 71st Session of the UNGA on Report of the ILC, Mr. Xu Hong, Director-General of Department of Treaty and Law, Ministry of Foreign Affairs, expressed China's views on relevant topics: (1) Topic of Crimes against Humanity. First, on the working method, Chinese delegation has noted that the ILC has set the objective of formulating an international convention specifically on crimes against humanity. But it is apparent that States have not reached a wide consensus on this point. The second report and the Draft Articles adopted by the Commission basically rely on analogous deduction primarily by sorting and summarizing relevant provisions in other international conventions on combating international crimes. This is not codification of the provisions related to crimes against humanity as found in existing laws, but proposing to draft a new law. In view of the complexity and sensitivity of the topic on crimes against humanity per se,the advisability of this working method is open to question. Second, “on the stipulation in Draft Article 5 that States should legislate to list crimes against humanity as offences under their respective criminal code”, Chinese delegation is of the view that “on the need or otherwise for legislation and on how to go about it, States should be given certain room for autonomy in decisions”. (2) Topic of Immunity of State officials from Foreign Criminal Jurisdiction. Chinese delegation supports the conclusion of the report that there is no exception in respect of immunity ratione personae,but does not support the three exceptions to immunity ratione materiae as posited by the Special Rapporteur, since the bulk of the evidence cited in the report for or against the aforementioned exceptions consists of just objections in minority opinion regarding relevant ICJ decisions and civil cases before some national or international judicial bodies, such as the ECHR. Such evidence is hardly convincing in that it lacks relevance and is clearly tendentious.

V China and Law of Nationality, Treatment of Aliens and Refugees

1. China and Law of Nationality

The existing law concerning the issue of nationality in China is the 1980 Nationality Law, which has established five principles. China does not recognize dual nationality, yet in practice takes a flexible and pragmatic attitude towards the affair of overseas Chinese.

China's practice on the issue of nationality law is epitomized in protective jurisdiction as well as personal jurisdiction.

First, in accordance with protective jurisdiction, China attaches great importance to its citizens' safety and security abroad, and safeguards firmly legitimate rights and interests abroad of its enterprises and citizens. To ensure and protect the maximum overseas interests of its citizens, China responds promptly to, deals actively with, and makes adequate arrangements to emergencies. It adheres to international cooperation principle, respects legitimate interests of other countries, and pursues its own just and lawful interests according to international law to achieve win-win results.

China has established comprehensive overseas citizens' protection coordination mechanism and emergency response mechanism, and updates guidelines for consular protection and assistance. Besides dealing with individual emergency, it has carried out large scale evacuation of nationals. The Ministry of Public Security has, by September 18, 2016, dispatched to foreign countries 68 police liaison officers whose functions include protecting overseas Chinese, fighting against transnational crimes and transnational hunting for criminals.

On October 23, 2016, the Ministry of Foreign Affairs spokesperson said China expressed great concern for a Chinese citizen being assassinated in France. The Chinese government always pays much attention to personal safety and legitimate interests of Chinese citizens abroad, and o wishes their legitimate rights and interests to be protected efficiently by the host state.

On November 11, 2016, two Chinese citizens were attacked by gunmen in Nigeria. The Chinese Consulate-General in Lagos contacted the local police immediately, demanding a swift arrest of the murderers. The joint working group from Chinese Embassy and Consulate-General headed afterwards to the spot to deal with the matter, and warned that Nigeria is currently in an economic recession, and is a place where abduction, robbery and attacks have frequently occurred, especially during Christmas and New Year's Day, therefore Chinese companies and nationals in Nigeria should pay more attention to their security.

Second, in accordance with personal jurisdiction, China fulfills its international obligations to exert jurisdiction over its nationals and punish their unlawful acts and crimes in order to protect the lawful rights of the victims.

On June 22, 2016, a Chinese student was given a life sentence by Wenzhou Intermediate People's Court after being found guilty of murdering his girlfriend while they were both studying in the US. Shao Tong was strangled to death and stuffed in her car trunk in Iowa in September 2014. Her boyfriend, Li Xiangnan, who fled to China shortly after she was killed, had pleaded guilty at a trial in March attended by both Iowa state detectives and the case prosecutor.

On September 27, 2016, to reply to the issue that the US said that it would continue its investigations into Chinese companies including the Liaoning Hongxiang company, who was suspected of violating trade sanctions on the DPRK, the Ministry of Foreign Affairs spokesperson expressed that China had been meticulously implementing DPRK-related resolutions of the UNSC in their entirety and fulfilling its international obligations with regard to non-proliferation, and that any misconduct by enterprises or individuals, once confirmed, would be punished in accordance with laws and regulations. China stands ready to have equal-footed cooperation with relevant countries on the basis of mutual respect, but is opposed to other countries' exercising long-arm jurisdiction by enforcing its domestic laws on Chinese enterprises and individuals.

2. China and Treatment of Aliens

In legislation, China has enacted a series of laws and regulations on the treatment of aliens. The 2012 Exit-Entry Administration Law makes specific provisions for the entry, exit, stay, residence and expulsion of aliens, which shows China's treatment of aliens on the basis of insisting on sovereign equality and strict adherence to international obligations.

In practice, China began to introduce foreigners' permanent residence permits, or green cards, in 2004, which has made considerate contribution to China's development but has still lagged behind practical needs due to many disadvantages, including application requirements that are too high. On February 18, 2016, the General Office of the Central Committee of the CPC and the General Office of the State Council jointly issued more flexible, pragmatic and market-oriented guidelines on management of permanent residence for foreigners, aiming to attract more talented people and investments from abroad. More foreigners in different industries in China would be eligible to apply for permanent resident permits in a simpler way. The document, providing only the guidelines, will be followed by more regulations and further details. It is said that the guidelines would optimize application requirements as well as streamline procedures, and deliver the related social services to enhance China's attractiveness to global talent. According to the Ministry of Public Security, more than 7,300 foreigners had obtained green cards by 2013, when the number of foreigners living in China exceeded 600,000. Mr. Gao Xiang, the State Administration of Foreign Experts Affairs spokesperson, said that the document highlighted the role of the market in terms of global talent recruitment.

On April 28,2016,China passed the Law on the Management of Foreign NonGovernmental Organizations'Activities within Mainland China in order to regulate and guide activities conducted by foreign NGOs within mainland China, safeguard their lawful rights and interests, and promote exchanges and cooperation.

3. China and Law of Refugee

The Government of the PRC took an active part in the solution of the refugee issue after restoration of its lawful rights in the UN in 1971. China acceded to the 1951 Convention and the 1967 Protocol in 1982.

In legislation, relevant provisions of the 1982 Constitution and the 2012 Exit-Entry Administration Law may be used as basis to deal with the issue of refugees. For instance, provisions on asylum may be used as the legal basis for the protection of political refugees.

In practice, China accepted nearly 30,000 Jewish refugees in Shanghai during WWII. It accepted refugees from Afghanistan in 1979, from Vietnam, India and Sri Lanka in 1980s, from Jordan in 2003, from Myanmar in 2009. In 2016, when refugees fled from the conflict in the north of Myanmar, China set up residential camps and provided with humanitarian assistance to the refugees.

China is transforming from a country of origin to a country of origin, transit and destination as a result of its geographic and economic importance. On June 30, 2016, China joined formally the International Organization for Migration, opening a new chapter for the cooperation between China and the IOM. This is the inevitable choice of China to become further engaged in global governance and to deepen the international cooperation in migration issues. On July 25, the UNGA unanimously adopted a resolution approving an agreement to make the IOM part of the UN system as a related organization.

On September 19, 2016, Premier Li Keqiang attended and addressed the Summit for Refugees and Migrants at the 71st Session of the UNGA. This is the first time for Chinese leaders to expound China's positions systematically in such an event. In his speech, he mainly delivered the following four points: (1) The refugee and migrant problem has a bearing on world peace and development as well as regional stability, and requires the proactive response of the international community. It is a humanitarian crisis that tests the conscience of human society. (2) The international community should earnestly lend hand to the refugees, carry forward humanitarian spirit, and never betray the bottom line of morality and justice. (3) The settlement of this problem requires enhanced international cooperation. This problem also cannot be solved without efforts from refugee-sending countries. All parties concerned should deal with the disputes through dialogues and negotiations. The international community should also promote peace talks to bring the refugee and migrant sending countries on the road to sustained peace and stability. All countries should pay effort to reduce the global imbalance and push forward common development and progress by enhancing the open and interactive growth. (4) China always attaches great importance to and takes an active part in solving the problem of refugees and migrants. As a large developing country, China is willing to undertake responsibilities commensurate with its ability. China will take a series of humanitarian measures and actively discuss on the launch of tripartite cooperation with relevant international agencies and developing countries on the problem of refugees and migrants. It is hoped that the international community will pool consensus and form a joint force, striving for a comprehensive and lasting settlement of global massive movement of refugees and migrants at an early date.

On September 21 at the General Debate of the 71st Session of the UNGA on Work for a World of Peace, Stability and Sustainable Development, Premier Li Keqiang reiterated China's position: The world is facing the largest-ever refugee crisis since WWII. It is imperative to ensure refugees access to basic living conditions to stave off a humanitarian crisis. What is of fundamental importance is to root out the cause of war and restart development, so that sending countries of refugees can embark on a path of long-term stability, development and prosperity. China supports international efforts to address the refugee issue, and will provide $300 million worth of humanitarian assistance to relevant countries and international organizations.

On November 3, 2016, at the General Debate on the Issue of Refugees at the 3rd Committee of the 71st Session of the UNGA, Ambassador Wu Haitao made the following statement: (1) “The issue of refugees bears on world peace and development and affects regional stability.” (2) “Addressing this issue requires enhanced international cooperation. The international community needs to accelerate the implementation of the New York Declaration for Refugees and Migrants, fully leverage the coordinating role of such organizations as the UNHCR, and develop and implement comprehensive solutions.” (3) China has “actively advocated political settlement of hot-spot issues and contributed to addressing the refugee problem”, and China will provide further humanitarian assistance for refugees, will devote part of the resources in the China-UN Peace and Development Trust Fund to supporting developing countries in their efforts to cope with the refugee problem, and actively explore opportunities for triangular cooperation with international institutions and developing countries on the issue of refugees.

VI China and Law of Extradition and Asylum

1. China and Law of Extradition

In legislation, China enacted the Extradition Law in 2000, making provisions on principles, conditions, procedure and effect of extradition. There are also treaties approved by China containing extradition clause such as the UN Convention on Anti-Corruption. Furthermore, China has concluded a large number of bilateral agreements. There are 132 treaties with 71 countries on extradition, judicial assistance, and combating against international terrorism, national separatism and religious extremism by July 2016, among which 46 are on extradition (32 in effect), 40 on criminal judicial assistance (32 in effect), 19 on civil and criminal judicial assistance (all in effect), 20 on civil and commercial judicial assistance (17 in effect) and 7 on combating against the three forces (6 in effect).

In practice, China's Central Anti-Corruption Coordination Group continues to launch Operation Skynet 2016 on the basis of Operation Skynet 2014 and 2015 to implement the international anti-corruption action of hunting for those who have fled abroad and recovering the ill-gotten gains. China has extradited or repatriated 2,442 suspects of corruption and recovered RMB8,542 millions of ill-gotten gains by September 6, 2016; 35 of the 100 Chinese officials having received Interpol Red Notice have returned to China by October 31. Some extraditions or repatriations are carried out on the case by case basis with foreign governments.

On September 20, 2016, the Ministry of Foreign Affairs spokesperson said that the Fox Hunt campaign team under the Ministry of Public Security had escorted the suspect Chen Wenhua from France, who is wanted by police in China's Zhejiang Province. This is the first fugitive repatriated from France since the China-France extradition treaty took effect in 2015, marking a major breakthrough for hunting suspects who have fled to France. This is also another example of China's successful extradition of fugitives from European countries after Italy and Spain.

On November 16, 2016, Yang Xiuzhu, China's most wanted fugitive, turned herself in after returning from the US to China. She fled abroad in 2003 to evade legal punishment, and was arrested in 2014 in the US when she tried to enter the country on a counterfeit passport. Through the Working Group on Anti-corruption under the China-US Joint Liasion Group on Law Enforcement Cooperation, China and the US conducted communication and cooperation that finally led to Yang Xiuzhu's voluntary return to China after 13 years on the run. Her return is an important achievement of China-US law enforcement cooperation on fighting corruption.

As to mechanism construction, on September 22, 2016, China and Canada officially signed the Agreement on Sharing and Return of Forfeited Assets, the first specified agreement China signed with a foreign country on retrieving illicit proceeds transferred overseas. It can refine and supplement the articles on finding and returning of illicit assets in the treaty signed by two countries in 1994.

China also strengthened its effort in international cooperation to crack down other crimes. On October 27, 2016, Malaysia repatriated 27 suspects (including 21 from Taiwan district) of telecom fraud to China.

There remain, however, some problems to be resolved in international cooperation. On July 4, 2016, New Zealand High Court ordered the government to reconsider a decision to extradite a New Zealand citizen, the Korean-born Kyung Yup Kim, to China for questioning about a murder, due to the fears that he may be tortured or forced to make a confession. This is the first extradition case from New Zealand to China. Kyung Yup Kim had already been in jail for nearly 5 years since China asked for him to be extradited to face a charge relating to the death of a woman in Shanghai in 2009. New Zealand agreed to extradite in December 2015. After considering its position at the behest of the High Court, New Zealand Justice Minister Amy Adams again gave approval of this first extradition to China on September 21, 2016.

2. China and Law of Asylum

In legislation, there are articles on asylum in China's constitutional instruments. Article 32 of the 1982 Constitution stipulates that the PRC protects the lawful rights and interests of foreigners within Chinese territory, and while on Chinese territory foreigners must abide by the law of the PRC. The PRC may grant asylum to foreigners who request it for political reasons.

In practice, China grants asylum to foreigners who are persecuted by foreign governments, and refuses to grant to those foreigners who have committed crime against peace, crime of war, crime against humanity and other international crimes provided in international conventions. Besides, China opposes any foreign country to abuse its right of asylum to Chinese citizens.

On June 13, 2016, a post on the Central Commission for Disciplinary Inspection criticized some countries' use of human rights as an excuse for harboring corrupt officials, and pointed out that some people in the international community have a double standard and emphasize corruption cases as proof of stains on the system, while protect corrupt officials. It called for doing away with the double standard, and appeals for international cooperation and establishment of new international order of anti-corruption.

On July 20, 2016, Yang Xiuzhu, the No. 1 on the list of China's 100 most-wanted corruption fugitives, formally confirmed automatically to give up asylum application in the US, and decided to return to China after a decade on the run.

VII China and Law of Diplomatic Relations

In legislation, China has promulgated a series of laws and regulations regarding diplomatic relations, among which the most important are the 1986 Regulations concerning Diplomatic Privileges and Immunities and the 1990 Regulations concerning Consular Privileges and Immunities. China also conducts diplomatic relations with other international law subjects through bilateral treaties such as treaties on consular relations as well as international conventions. The 2009 Law on Diplomatic Personnel Stationed Abroad is the first law to regulate the management of its diplomatic personnel stationed abroad.

China's national legislation is the product of transformation of international conventions on the basis of combination of Chinese law, its own circumstances and diplomatic practices. Not only does it reflect the characteristic of the combination of the state sovereignty principle and China's concrete national conditions, but also clarifies ambiguous convention provisions, improves and supplements what has not been provided in the Vienna Convention on Diplomatic Relations.

In practice, China safeguards legitimate interests of its diplomatic missions abroad and of their staff, abides by its international obligations, and takes an adequate and practical position to deal with incidents relating to diplomatic privileges and immunities.

On October 10, 2016, at the 71st Session of the UNGA on Consideration of Effective Measures to Enhance the Protection, Security and Safety of Diplomatic and Consular Missions and Representatives, Ms. Ji Xiaoxue of Chinese Delegation made the following statement: (1) Protection of diplomatic and consular missions and representatives is a clear requirement under international law and an important guarantee for the proper functioning of diplomatic and consular missions and representatives. It is therefore in the interest of all countries to adopt effective measures to enhance the protection of these bodies and personnel. (2) Protection by host countries involves not only adequate preventive measures beforehand but also punishment of illegal and criminal activities afterwards. It involves the protection of not only the safety and security of diplomatic and consular premises and related personnel but also their tranquility and dignity. (3) China always attaches great importance to the protection of diplomatic and consular missions and representatives and strictly complies with the obligations enshrined in the 1961 and 1963 Vienna Conventions.(4)Enhancement of the protection cannot be taken as a license to abuse their privileges and immunities. Diplomatic and consular missions and representatives have the obligation to respect the laws and regulations of the host country and must not engage in activities that are not in conformity with their functions and capacities.

On October 13, 2016, at the 71st Session of the UNGA on Scope and Application of the Principle of Universal Jurisdiction, Ms. Ji Xiaoxue of Chinese Delegation expressed that the establishment and exercise of universal jurisdiction should be in line with the purposes and principles of the Charter of the UN and the norms of international law, without violating state sovereignty, interfering in the internal affairs of States, or infringing upon the immunity enjoyed by States, state officials and diplomatic and consular personnel.

On January 1, 2014, Chinese Consulate-General in San Francisco was lit on fire. The suspect, Yan Feng, was taken into custody and charged with offense to the property of a foreign government and arson. He pled guilty to both charges in court. The incident prompted Chinese government to request that the U.S. provide better protection for its diplomats. On December 1, 2016, the accused was sentenced to 35 months in jail.