CYIL vol. 13 (2022)

MAX HILAIRE CYIL 13 ȍ2022Ȏ Russia evade the sanctions, China continues its economic ties with Russia. China has much to lose if the war in Ukraine continues indefinitely. However, it has shown no inclination to mediate an end to the conflict. Instead, it continues to push Russian disinformation about biological weapons labs in Ukraine and the storage of large quantities of chemical weapons in Ukraine. China has given tacit support to Russia’s war in Ukraine. It has abstained from all Security Council and General Assembly resolutions to condemn Russia’s invasion and annexation of Ukrainian territory. 155 Xi Jinping is governing with no opposition and no overt critics. All dissents or opponents of the regime have been jailed or forced to remain silent. Under Xi China has become a one man repressive regime. Xi’s “Great Rejuvenation” objective is to make China an indispensable power in Asia. For Xi economic prosperity does not necessarily mean political liberalization. He invokes the Chinese Revolution to gain legitimacy. However, that legitimacy is contingent on the regime holding on to the past, and not looking to the future. There is a disconnect between the goals of the Chinese Communist Party and the aspirations of the Chinese people. Most Chinese want to change and an improvement in their lives, but the regime believes the only way to hold on to power is to try to preserve the past. That can only work for a certain period, then the regime will run out of ideas, which may ultimately lead to violence and instability. Conclusion China’s conception of international law places limited value on international law that imposes obligations on states or requires states to adhere to certain fundamental principles of the international legal order without their consent, especially rules China considers to be unfair or biased against it. For China, the international law created by European states in the 18 th and 19 th centuries legitimized European colonialism of China. According to China those same rules cannot be considered legitimate and must change to reflect the changes in the world since World War II. China’s new national security law in Hong Kong is a good example of how China has sought to reinterpret international law that was either imposed on it or was forced to sign reluctantly because it was a weak nation then. China has disavowed its obligation under the handover treaty with the UK, in part because China saw the initial treaty that forced it to cede part of its national territory over to the UK as illegal under international law today, even though it was considered legal under international law at the time it was forced to sign the treaty. China has defended criticisms of its action as external interference in its domestic affairs. China has also accused the UK of not adhering to its more recent international legal obligations with the EU over the Northern Ireland border. China derives tremendous benefits from a stable international legal order, but it does not contribute appropriately to upholding that order. China participates in international institutions to protect its national interests and to insulate itself from scrutiny and condemnation by these institutions, particularly its human rights policy. When it comes to international law, China is a free rider; it derives tremendous benefits from international law but does not adhere fully to all aspects of international law. China also avoids paying its fair share to uphold the international legal order. China’s attitude toward international law is not likely to change drastically in the future. However, as China rises, the world will expect it to behave more responsibly and promote a fair and inclusive international legal order.

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155 Ukraine war: UN General Assembly condemns Russia ann e xation , at https://www.bbc.com/news/world-63237669.