International Rule of Law and the Legal Cooperation between China and ASEAN

International Rule of Law and the Legal Cooperation
between China and ASEAN

Prof. Dr. Zhao Hong
Member of Appellate Body
World Trade Organization   

November 26, 2017

As globalization deepens after the Second World War, the interdependency among nations world-wide increased tremendously, in particular, during the past 3 decades. International Law, including International Economic Law, plays bigger and more important role in conventional and unconventional international affairs in an un-precedent manner. International organizations and institutions based on international treaties and conventions grow fast both in numbers of membership and in areas and scopes of application. International rules have become indispensable in daily international life. International disputes are settled more and more in civilized and peaceful manners in accordance with rules set up by international treaties and agreements. Not only the body of international rules expand, but also the subjects of international law extend from the traditional nation states, intergovernmental organizations to NGOs, Multinational Enterprises and even to citizens and individuals. General Principles of equality among sovereign nations, the peaceful coexistence of sovereign states enshrined in Charter of United Nations, the WTO non-discrimination principle against Members and subject imports, among many others, constitute fundamental basis of the rules of International law in both political and trade areas, which play pivotal role in the maintenance of post-world war international regime for more than 7 decades.

Therefore, international rule of law is not only a dream or an ideal goal that has been pursuit after but a reality exemplified in many concrete ways in contemporary world arena.

Yet, the current anti-globalization sentiment, the rising trade protectionism and setback from multilateralism render risks of the derogation from heritage of international rule of law established during the past decades and even centuries. In the author's view, International rule of law represents both the highlight and remarkable achievement of human civilization of thousands of years of history, thus should be treasured and preserved by us all. The current international regime based on Bretton woods system was actually built at the cost of the gravest ever loss of more than 40 million lives of mankind during the Second World War.

International rule of law should be strengthened rather weakened in international societies. Nations, big or small, have the responsibilities to protect it, make it survive and flourish, as it is the hope and safeguard of peace and prosperity for everyone on this planet.

China and ASEAN are traditional developing countries, both having suffered from pains of colonization in history and destroy of homes and loss of lives in the Second World War. Peace and development are common themes for both of us, thus maintenance of peaceful development environment is of fundamental concern of both sides. Peaceful and amicable settlement of international disputes, including international trade disputes at the World Trade Organization, is of great concerns for all of us. China and ASEAN could establish many channels of collaborations for enhancing our capabilities in international rule making, dispute settlement, legal education and personnel exchange etc.

The future of cooperation, coordination and collaboration will be wide and long lasting between China and ASEAN.