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

• Author: Congyan Cai
• Pages: 65-66

China’s NSL 65

X JEAIL 1 (2017)

Congyan Cai

∗

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

 

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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