CYIL vol. 13 (2022)

MAX HILAIRE CYIL 13 ȍ2022Ȏ Bodin in the 16 th century. 148 Sovereignty was not intended to shield leaders who committed atrocities against their citizens from international condemnation. With sovereignty comes responsibilities to the people of a nation and the international community. One simply cannot enjoy all the benefits of sovereign statehood without simultaneously accepting the responsibilities international law imposes on all participants in the international legal order. As a member of the international community, a state cannot withdraw from obligations that are erga omnes or violate jus cogens ( fundamental principles of international law ) . The primary responsibility of a government is to the welfare and security of its people, and to help them thrive. China has used fear and arbitrary detention to silence dissidents who oppose the Communist regime. The Chinese approach is different. China sees sovereignty as the absolute will of the regime, which is the Chinese Communist Party (CCP). Citizens must obey all directives promulgated by the CCP. The Biden administration will have a difficult time convincing the Chinese regime to think otherwise. Therefore, I do not expect China’s attitude toward international law to change or shift dramatically under the Biden administration. The Chinese regime has nothing to lose by defying the Biden administration, as it has done for successive US administrations. The Biden administration has taken a hard line on China and China has reciprocated, which leaves many to believe there is now a new Cold War between Beijing and Washington. 149 Presidents Biden and Xi Jinping held their first virtual summit on November 15 th . The meeting was cordial but there were no breakthroughs. Biden raised China’s human rights policy in Xinjiang and its escalating military incursions in Taiwan’s air defense identification zone. China has also accelerated the pace of development of new weapons technology and recently tested a hypersonic glide vehicle that can evade US missile defenses at the North Pole. China is modernizing and increasing its inventory of nuclear warheads and will surpass the US by 2030. Xi Jinping had the same talking points; that the Uighurs are treated fairly, that Taiwan is part of China, and that China has no intention of going to war. China could have made an overture to the Biden administration but that would have been viewed as a weakness in the eyes of Chinese officials. China did not want to give the impression that it was capitulation under US pressure. The Biden administration did not make any overtures to China, either. Biden has continued the Trump rhetoric on China, which has left US China relations highly acrimonious. China can take the first step to improve the Sino-US relationship by being more forthcoming on the outbreak of the COVID-19 pandemic and taking some responsibility for the disruption it has caused to international commerce, travel, educational exchange, and the economies of most countries. China can assume some responsibility for the millions of deaths caused by the pandemic worldwide. China can also make a policy shift in terms of how it treats the Uighurs. China can agree to release political prisoners and relax the grip of the CCP on its citizens and allow them to participate freely in the political process. China can also liberalize its policy on the export of rare earth minerals, which it withholds from countries that disagree with its policies. China can also reverse or 148 LEE, D. The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations. NY: Oxford University Press, (2021), p. 7. 149 BRANDS, H., GADDIS, J. L. The New Cold War, For. Affairs. (Nov/Dec. 2021); SANGER, David E. Washington hears Echoes of the 50s and Worries: Is There a New Cold War With China ? at https://www.nytimes. com/2021/10/17/us/politics/china-new-cold-war.html.

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