China is advancing its conception of the rule of law—one that exists under the unquestioned leadership of the party—beyond its borders in areas such as intellectual property
IN EARLY JANUARY the Communist Party published a five-year plan for the development of “socialist rule of law with Chinese characteristics”. Most of the document is domestically focused, but one section is devoted to foreign matters. It calls on China to help shape international law, to turn itself into the first choice of jurisdiction when resolving cross-border disputes and to promote the use of Chinese law abroad.
But China is advancing its conception of the rule of law—one that exists under the unquestioned leadership of the party—beyond its borders in other areas, such as intellectual property. At a Politburo meeting last November, Mr Xi urged that China be more assertive in cross-border disputes, saying that it should “promote the extraterritorial application” of its intellectual-property laws.
The stakes are high. Chinese courts typically grant a fraction of what might be ordered by a Western court. And China typically has leverage over the foreign parties in these cases. Foreign companies that manufacture goods in China or sell to the Chinese market must pay heed to such rulings or else face massive penalties that could damage their operations.
The party would argue that it has merely begun to take a more active role in shaping international law. China entered international treaties and bodies, such as the UN and the World Trade Organisation , under rules it had no hand in writing, after years during which the Communist Party was either hostile to such institutions or followed the advice of Deng Xiaoping, a former leader, to keep a low profile in international affairs.
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