CYIL vol. 13 (2022)

MAX HILAIRE CYIL 13 ȍ2022Ȏ Rome Statute. China’s reason for not joining the ICC for fear it will interfere in its internal affairs is bogus. If China can conduct a legitimate investigation and prosecution of atrocity crimes committed on its territory, there is no reason for the ICC to second guess Beijing and launch its investigation. China’s refusal to join the ICC is consistent with its attitude against third-party adjudication, international scrutiny of its internal affairs, and its strong view of the principles of sovereignty and non-intervention. China’s participation in the development of international humanitarian law has not been productive. Its presence is intended to make sure the final documents do not constrain its ability to win wars, not to regulate the conduct of war or protect victims of war. China’s use of live ammunition on its citizens and the brutal crackdown on Tiananmen Square protesters was a clear violation of international human rights and international humanitarian law, which the Communist regime has never acknowledged. China wants to retain the right to determine how it engages in wars, both international and non-international armed conflicts, and to treat its citizens according to Chinese law, not international human rights, or international humanitarian law. China and International Trade and Investment Law Since it acceded to the World Trade Organization (WTO) in 2001, China has pushed for trade liberation and open market access in other states but has resisted providing reciprocal access to foreign companies and goods within its huge domestic market. The Government of China owns majority stakes in Chinese companies and has sought to protect these state-owned enterprises from external competition. The People’s Liberal Army (PLA) partially owns many of these state-owned enterprises (SOEs), and it provides subsidized loans to them, which gives them a competitive advantage over their foreign competitors. Some of these SOEs (“Zombies”) have not performed very well due to poor management and inefficiency but have been kept afloat to save jobs that the Chinese Communist Party sees as vital for its continuing survival. SOEs have assumed great visibility as China transitions from an export-driven economy based on manufacturing to an innovation-driven economy tailored to its domestic consumers. Privately owned companies are driving China’s innovation economy even though they make up only about 15% of 109 corporations listed on the Fortune Global 500. Tech companies like Huawei have been leading China’s innovation drive. Technology companies account for 60% of China’s GDP, more than 70% of innovation, 80% of urban employment, and 90% of new jobs. The private sector also accounts for 70% of China’s investment and 90% of its exports. 93 Huawei is one of the leaders in 5G technology. It initially signed contracts with many EU countries to upgrade its broadband networks. However, the United States has pressured EU states to cancel these contracts for fear the Chinese Communist Party will gain access to crucial national security information. The escalating trade war between the Trump administration and China has made it difficult for Huawei to operate freely in the US and elsewhere outside of China. As China’s economy transitions from manufacturing to high-tech, it is likely to encounter more opposition from the US and the EU over issues of national security and copyright infringement. China signed a trade and investment agreement with the EU, which will make it easier for the two sides to invest in each other’s markets and trade freely. The China-EU Comprehensive 93 The Role of China’s State-Owned Companies Explained , @ https:// www.weforum.org/agenda/2019/05/why-chi nas-state-owned-companies-still-have-a-key-role-to-play/.

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