Enforcing a New National Security? China's National Security Law and International Law

Author:Congyan Cai
Pages:65-66
SUMMARY

New national security (NNS) represents a twenty-first century's sociological paradigm on which the law is based on and is characterized by multiple actors, wide covering, low predictability, subjective perception, dual nature, and rampant diffusion. The emergence and expansion of the NNS prompts a highly advanced perspective to the rule of law at both the national and international levels,... (see full summary)

 
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China’s NSL 65
X JEAIL 1 (2017)
Congyan Cai
New national security (NNS) represents a twenty-first centurys sociological
paradigm on which the law is based on and is characterized by multiple actors,
wide covering, low predictability, subjective perception, dual nature, and rampant
diffusion. The emergence and expansion of the NNS prompts a highly advanced
 
the relationship between international and domestic law. In this context, traditional
approaches, international approach or national approach, are insufficient, so
that a new managerial approach is thus needed. The legal practice in relation
to national security of China, a rising great power, attracts close attention in the
international society. Furthermore, since Chinese conception of national security has
its own Chinese characteristics, how China will enforce its national security law
in the context of international law remains to be seen. The NNS will lead profound
sociological transformation upon which all legal orders are based.
Keywords
New National Security, National Security Law, International Law,
China
Enforcing a New National
Security? China
s National
Security Law and
International Law
Professor of international law at Xiamen University School of Law in China. A.B./LL.M./Ph.D. (Xiamen). ORCID:
http://orcid.org/0000-0001-5282-013X. This paper was written during his stay as a Senior Research Fellow at Research
Group “International Rule of Law-Rise or Decline?” at Humboldt University School of Law in 2016. It is also supported
by the Fundamental Research Funds for the Central Universities by Xiamen University (2016-18) and China National
Social Science Fund (2015-18). The author may be contacted: caicongyan@xmu.edu.cn / Address: Faculty of Law,
Xiamen University Xiamen City, Fujian Province 361005 China.
DOI: http://dx.doi.org/10.14330/jeail.2017.10.1.04
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