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Global Governance, Conflict and China Global Governance, Conflict and China <UN> Chinese Perspectives on Human Rights and Good Governance Editor-in-Chief Zhang Wei Editorial Board Bai Guimei – Ban Wenzhan – Chang Jian – Chen Shiqiu – Duan Qinghong – Han Dayuan – Li Buyun – Li Weiwei – Liu Hainian – Luo Yanhua – Shu Guoying – Sun Xiaoxia – Wei Mei – Xia Yinlan – Zhang Aining – Zhang Xiaoling – Zou Xiaoqiao Chairman of the International Advisory Board Gudmundur Alfredsson Members of International Advisory Board Florence Benoit-Rohmer – Brian Burdekin – Andrew Clapham – Barry Craig – Felipe Gomez-Isa – Jonas Grimheden – Zdzislaw Kedzia – Wayne Mackay – Peter Malanczuk – Fabrizio Marrela – Ineta Ziemele – Tom Zwart volume 2 The titles published in this series are listed at brill.com/cphr <UN> Global Governance, Conflict and China By Matthias Vanhullebusch leiden | boston <UN> Library of Congress Cataloging-in-Publication Data Names: Vanhullebusch, Matthias. Title: Global governance, conflict and China / by Matthias Vanhullebusch. Description: Leiden ; Boston : Brill Nijhoff, 2018. | Series: Chinese perspectives on human rights and good governance ; volume 2 | Includes bibliographical references and index. | Identifiers: LCCN 2017052794 (print) | LCCN 2017055352 (ebook) | ISBN 9789004356498 (e-book) | ISBN 9789004356467 (hardback : alk. paper) Subjects: LCSH: International law--China. | China--Foreign relations--1949- Classification: LCC KZ3410 (ebook) | LCC KZ3410 .V36 2018 (print) | DDC 355/.033551--dc23 LC record available at https://lccn.loc.gov/2017052794 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface. issn 2352-2593 isbn 978-90-04-35646-7 (hardback) isbn 978-90-04-35649-8 (e-book) Copyright 2018 by Koninklijke Brill nv, Leiden, The Netherlands. Koninklijke Brill nv incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense and Hotei Publishing. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill nv provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, ma 01923, usa. Fees are subject to change. This book is printed on acid-free paper and produced in a sustainable manner. <UN> To my mother Marijke D’hondt ∵ <UN> Never, however, will we obtain concord if each man tries to hold stubbornly to his own opinion; nor will there ever be a firm, long-lasting peace if it is not sealed with true and solid reasoning. Nothing will last which is patched up with terror and threats, nor can anything endure which is woven of human tricks and devious counsels. desiderius erasmus, Novum Instrumentum Omne (1522) ∵ <UN> Contents Acknowledgments xi Table of Materials xiii List of Abbreviations xxiv Introduction 1 1 China, Global Governance and International Law: Towards a Relational Normativity 8 Introduction 8 i China and the Philosophy of Science: Towards a Relational Thought 11 A Western Epistemology and the Conflictual Paradigm 11 B Chinese Epistemology and the Complementarity Paradigm 16 C Chinese Communism and Relational Thought 21 ii China and International Relations: Towards a Relational Governance 25 A Relational Governance and International Relations 25 B China and the Forms of Its Relational Governance 29 C China and the Quality of Its Relational Governance 40 iii China and International Law: Towards a Relational Normativity 44 A Relational Normativity and International Law 44 B China and the Creation and Development of International Law 49 C China and the Interpretation and Application of International Law 52 Conclusion 54 2 China and Collective Security 57 Introduction 57 i China and the Prohibition of Aggression 62 A China and the War of Resistance against Japan 62 B China and the Korean War 68 C China and the Principle of Mutual Non-aggression 75 ii China and the Right of Self-Defence 89 A Individual Self-Defence 90 B Collective Self-Defence 100 C Pre-emptive Self-Defence 104 <UN> viii Contents iii China and the Expanding Grounds on the Use of Force 107 A From Collective to Human Security 107 B Humanitarian Intervention 111 C Responsibility to Protect 116 Conclusion 124 3 China and Peacekeeping 126 Introduction 126 i China and the Principle of Non-interference 132 A Security Council Authorisation 132 B Consent of the Parties 138 C Regional Action 147 ii China and the Principle of Impartiality 156 iii China and the Use of Force 163 Conclusion 171 4 China and Arms Control 174 Introduction 174 i China and the Principle of Sovereign Equality 187 A National Security 187 B Economic Security 200 ii China and the Principle of Non-proliferation 209 A Prevention 209 B Supervision 217 C Disarmament 227 iii China and the Principle of Humanity 241 A Prohibited Use 241 B Restricted Use 248 Conclusion 253 5 China and the War on Terror 256 Introduction 256 i China and the Principle of Non-interference 267 ii China and the Principle of Non-proliferation 278 iii China and the Principle of Humanity 282 Conclusion 287 6 China and Post-conflict Justice 289 Introduction 289 i China and the Principle of Judicial Sovereignty 300 <UN> Contents ix ii China and the Principle of Primacy 329 iii China and the Principle of Complementarity 336 A Negotiating the Rome Statute 336 B Prosecution of Nationals of Non-icc Members 337 C The Proprio Motu Powers of the icc Prosecutor 349 Conclusion 352 Conclusion 354 i Global Governance, Conflict and … the Holy Trinity 354 ii Through Consultation and Process 356 iii Guided by Principles and Consensus 358 Bibliography 363 Author Index 419 Subject Index 429 <UN> Acknowledgments This book project wouldn’t come to fruition without the continued support of my family and my wife Dorothy Zhang in particular whose wisdom and humanist virtues of compromise, tolerance, patience and mutual respect re- minds me everyday that our lives can be more enriching and harmonious and make me hopeful that our ever-complex, divided and violent world can also embrace the unity in its diversity. I have been very fortunate to work in the dynamic and vibrant research en- vironment of the KoGuan Law School, Shanghai Jiao Tong University (sjtu), together with inspiring, talented and kind colleagues and wish to extend my deepest thank to them, especially Robin Chen, Jinhua Cheng, Yuanyuan Fu, Qi Gao, Dan Guttman, Liyang Hou, Jiaxiang Hu, Weidong Ji, Yan Lin, Kang Liu, Xinli Ma, Wei Shen, Huoji Wang, Nan Wang, Xianlin Wang, Donggen Xu, Gui- fang Xue, Li Yang, Dan Liu, Lulu Yang, Yue Yuan, Winston Zee, Yangbo Zhang, Huiyi Zhao, Yibing Zhao, Ge Zheng, Cici Zhou and Jun Zhu. Furthermore, I would like to gratefully acknowledge the generous financial support of sjtu through its Chinese Foreign Expert Grant (2016–2017) as well as Leo KoGuan of the KoGuan Foundation for the KoGuan Youth Legal Schol- arship (2012 – present) that made this research possible. I am indebted to my other friends and colleagues who have been supportive of this project in numerable ways: Antony Anghie (nus), Mashood Baderin (soas), Jean-Marc Blanchard (ecnu), Muin Boas (SOAS), Maria Adele Carrai (Princeton-Harvard), Anthony Carty (Tsinghua), Kay-Wah Chan (Macquarie), John Chao (ncu Taiwan), Weitseng Chen (nus), Yifeng Chen (pku), Matthew Craven (soas), Ignacio De La Rasilla Del Moral (Brunel), Bruno Demeyere (icrc), Jean-Philippe Dequen (Max Planck), Richard Desgagné (icrc), Mat- thew Erie (Oxford), Hiroshi Fukurai (uc Davis), Robin Geiβ (Glasgow), Tom Ginsburg (Chicago), Lyle Goldstein (us Naval War College), Gregory Gordon (cuhk), Jean-Marie Henckaerts (icrc), Bin Jiang (icrc), Jianqiang Guan (ecupl), Andrew Harding (nus), Zhipeng He (Jilin), Bingbing Jia (Tsinghua), Pyoung Keun Kang (Korea University), Victor Kattan (nus), Shen Kui (pku), Raj Kumar (jgu), Courtney Kung (hku), Masahiro Kurosaki (Japan National Defense Academy), Rick Lawson (Leiden), Hee Eun Lee (Handong), June Lee (cuhk), Seokwoo Lee (Inha), Xinyu Leng (cupl), Qiang Li (cupl), Weihai Li (cupl), Michael Liu (ciicj), Sida Liu (Toronto), Jing Men (College of Europe), Setsuo Miyazawa (uc Hastings), Roda Mushkat (John Hopkins Nanjing), Toshi Nakamura (un), Yumiko Nakanishi (Hitotsubashi), Jan Michiel Otto (Leiden), Yaqing Qin (China Foreign Affairs University), Javaid Rehman (Brunel), <UN> xii Acknowledgments Mohammad Shahabuddin (Birmingham), Hongsheng Sheng (supsl), Makoto Tajimi ( Hitotsubashi), Carol Tan (soas), Lipin Tien (Taiwan ndu), Nira Wick- ramasinghe (Leiden), William Worster (The Hague University), Sienho Yee (Wuhan), Simon Young (hku), Wen Zhou (icrc), Lei Zhang (ecupl), Miao Zhang (Nanjing), Jun Zhao (Zhejiang), Zhihua Zeng (ecupl), Lu Zhian (Fu- dan), Lijiang Zhu (cupl) and Wenqi Zhu (Renmin). Special thanks to my students at sjtu for their wonderful research assis- tance: Muhemmed Amin, Kogamova Aziza, Dennis Blatt, Siyi Gu, Mengdi Ji- ang, Xiaoying Jiang, Jin Jie, Tooba Khurshid Nong Li, Xiaowen Liu, Xiao Mao, Jing Miao, Haochen Sun, Alia Tian, Emma Wang, Iris Wang, Pingping Wang, Kris Yu and Yi Zhao as well as to John Clark for his excellent proofreading. I would like to thank Oxford University Press too for reproducing here parts of earlier work published in the Chinese Journal of International Law1 and Chi- nese Journal of International Politics.2 Finally, I am particularly grateful to the Series Editors, Ruoyi Li (cupl) and Wei Zhang (cupl), for their constructive feedback and to my colleagues – editors at Brill/Nijhoff, Marie Sheldon, Lindy Melman, Anna Schmitt Nagelbach, Bea Timmer and Prince Xavier (SPi) for their professionalism and for oversee- ing the production of this volume. Matthias Vanhullebusch 马天赐 Shanghai Jiao Tong University Shanghai, China Summer 2017 1 Matthias Vanhullebusch, “Regime Change, the Security Council and China,” Chinese Journal of International Law 14 (2015): 665–707. 2 Matthias Vanhullebusch, “Governing Asymmetries on the Battlefield: Towards a Relational Normativity,” Chinese Journal of International Politics 9 (2016): 307–348.
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