CYIL vol. 13 (2022)

MAX HILAIRE CYIL 13 ȍ2022Ȏ The use of that technology is considered a breach of the individual’s right to privacy under international human rights law. But given China’s refusal to accept most international human rights norms, it is unlikely to be moved by it. China’s “Great Firewall” restricts internet content and allows it to monitor the web activities of its citizens. China is poised to shape international law in cyberspace, which is likely to be like its domestic cyber laws. This will give countries greater authority to restrict internet content and for governments to use digital technology to monitor the political activities of their opponents. China is currently providing the technology to several countries to create more “safe cities.” China’s drive to modernize requires it to comply with international investment rules, diplomatic and consular law, and the law on state responsibility. Additionally, China signs mandatory state-investor dispute settlement agreements, which require China to abide by the terms of these agreements. China cannot extricate itself from its international obligations if it wants to continue to modernize its economy and attract foreign investment. China needs foreign direct investments, but more importantly, it needs foreign markets for the volume of manufacturing goods it produces. China’s economy is now fully integrated into the global economy, which makes it more difficult for China to skirt the rules. Although China has been accused of unfair trade practices and granting preferential treatment to Chinese state-owned enterprises over foreign investors, it has denied these allegations, which is an indication that it takes its reputation as a compliant state seriously. International transactions are based on rules, and China must comply with these rules if it wants to attract foreign investment and wants its companies to invest and operate in foreign markets. China and International Law Under the Biden Administration Relations between China and the United States deteriorated significantly during the four years of the Trump administration. Although one did not expect the two powers to go to war, differences over issues such as democracy in Hong Kong, escalating military threats toward Taiwan, unfair trade practices, growing Chinese menace in the South China Sea, its militarization of outer space, repression against the Uighurs minority Muslim population, and cyber-attacks carried out by agents of the People’s Liberation Army (PLA) against private US companies and the US Government led to a new cold war between China and the US. How will President Biden change the trajectory of Sino-American relations, and how will that impact China’s attitude toward international law? Chinese officials are relieved that a new administration assumed power in the US on January 20 th but do not expect a dramatic shift in policy given Biden’s hardline China policy during the campaign. The Chinese regime prefers stability over chaos and wants to deal with a more rational US administration than what they saw in the past four years. Although China benefited from Trump’s lack of knowledge of foreign affairs, and his inability to grasp the complexity of international relations, China certainly would prefer a more predictable administration, that has a strategic vision that they can study and react to, and a US president that they can hold frank discussions with, even though they may agree to disagree on certain issues. Despite its communist ideology, the Chinese regime is conservative in its approach to diplomacy. China wants good relations with the United States but not at the expense of giving up its goal of becoming a great power or compromising on its core national security interests. There are issues of mutual concern that both countries can work on: terrorism, climate change, regional stability, nuclear Korea’s nuclear and ballistic weapons program, supply chain disruption, and stability in the financial market.

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