Cao Junjin: Providing a Rule of Law Guarantee for the Implementation of the Global Development Initiative [1]
On September 21, 2021, President Xi Jinping first proposed the Global Development Initiative (hereafter referred to as "the Initiative") at the 76th session of the United Nations General Assembly. Since its introduction, the Initiative has received high attention from the international community and has already gained the support of multiple international organizations and over 100 countries. The Third Plenary Session of the 20th CPC Central Committee [1] pointed out the need to "promote the building of a community with a shared future for humanity, practice the common values of all mankind, implement the Global Development Initiative, the Global Security Initiative, and the Global Civilization Initiative, and advocate for an equal and orderly multipolar world and a universally beneficial and inclusive economic globalization." Implementing the Initiative is both a significant action for China to participate in and lead the reform and construction of the global governance system, and an important practice in China's drive to build a community with a shared future for humanity.
The Rule of Law as a Crucial Guarantee for Implementing the Global Development Initiative
Since the proposal of the Global Development Initiative, China has maintained an action-oriented approach, continuously consolidating development consensus, increasing resource input, strengthening cooperation in key areas, and enriching platforms for exchange and cooperation to actively promote its implementation. The rule of law plays a vital role in this process. First, it ensures the robust implementation of the Initiative. By creating legal norms and leveraging the universality and compulsoriness of law, it is possible to integrate existing dispersed development resources and enhance the force of implementation. Second, it ensures the orderly implementation of the Initiative. Legal norms concerning project initiation, procurement, execution, supervision, evaluation, and incentives must be established and refined around global development projects to ensure their orderly implementation. Third, it ensures the effective implementation of the Initiative. Implementation possesses the dual attributes of development and diplomacy; it requires the creation of legal systems for financing and international cooperation based on needs, as well as the creation of "legal templates" to encourage relevant countries and international agencies to jointly implement the Initiative, thereby maximizing the mobilization of both domestic and international development resources.
Improving the Legal Framework for Implementing the Global Development Initiative
Currently, Article 18 of the Law on Foreign Relations provides direct stipulations regarding the implementation of the Global Development Initiative. However, this law is in the nature of a "policy law" [2]; its clauses are characterized by their policy-oriented, declaratory, and principled nature, and it does not provide specific institutional arrangements for implementation. Furthermore, while the China International Development Cooperation Agency (CIDCA) has issued two working documents—the Guidelines for the Global Development Fund Pool (Trial) and the Guidelines for the Global Development Project Pool (Trial)—there remains a need to further augment relevant laws and regulations.
First, formulate special legislation to support activities under the Initiative. Two schemes could be considered: first, unified legislation, i.e., formulating a "Global Development Promotion Law" to stipulate the purposes, principles, management systems, primary methods, international cooperation, incentive supports, and legal liabilities for China’s contributions to the Initiative’s activities. Second, dispersed legislation, categorizing implementation activities into those of an aid nature and those of a non-aid nature, regulating them separately. For the former, an "International Development Cooperation Law" or "Foreign Aid Law" could be formulated, incorporating the Initiative into the legislative purposes. For the latter, international cooperation clauses in legislation within different fields—such as energy, environmental protection, food, climate, health, and sports—should be linked with the Initiative according to their respective sectors.
Second, formulate supporting laws for Initiative activities. Beyond special legislation, the introduction of supporting regulations and rules should be promoted to enhance the operationality of the legal norms of the Global Development Initiative. For example, the legal regulations for private entities participating in global development projects are currently imperfect, and it is difficult to make specific provisions on this issue within special legislation. Therefore, supporting regulations and rules must define the legality, rights and obligations, participation procedures, incentive rules, and legal liabilities for private entities, providing an institutional channel for them to actively promote the Initiative.
Finally, promote international legal systems that support Initiative activities. One, further strengthen bilateral cooperation with international organizations that have development functions. Actively promote the inclusion of the Global Development Initiative into the agendas of international organizations, and deepen cooperation between China and international organizations in global development through bilateral agreements, making the Initiative an important platform for international organizations to advance development work. Two, further strengthen tripartite cooperation with developed countries and international organizations with development functions. Actively promote "China + developed country + developing country" and "China + international organization + developing country" tripartite cooperation projects, leveraging the development resources of developed nations and international organizations through project-based "contractual international law" [3] to jointly implement the Initiative.
Refining the Rule of Law Guarantee System for Implementing the Global Development Initiative
First, enhance rule of law research focused on the implementation of the Initiative. Although the Initiative has been incorporated into the fundamental law on foreign relations and the national level has carried out extensive pragmatic work, legal theory research concerning the guarantee of its implementation has not yet received widespread attention. Henceforth, efforts must be focused on research into the jurisprudential basis of the Initiative, domestic legislative theory for promoting global development, specific legal institutional theory for promoting global development, and international rule of law for the implementation of the Initiative. This will provide a theoretical basis for the formation, development, and operation of legal norms, ensuring that the Initiative is fully implemented within the orbit of the rule of law.
Second, clarify the functional agencies responsible for implementation. Implementing the Initiative falls under the "central power" (中央事权) [4]. According to law, the central foreign affairs leadership body should be responsible for overall coordination, holistic advancement, and supervision of implementation. However, the specific "department in charge" (归口管理部门) [5] for management has not yet been clarified. Although China has established the Global Development Promotion Center, no law or document explicitly designates it as the lead agency; as an "institution" (事业单位) [6] under CIDCA, it is effectively difficult for this body to independently undertake the responsibility of implementation. The implementation of the Global Development Initiative requires both a specialized lead department and the coordinated advancement of relevant industry authorities. We should promote the formation of a management system that is systematically integrated, development-oriented, and collaboratively efficient, and use special legislation and supporting systems to codify the agencies, functions, powers, procedures, and responsibilities, providing strong organizational guarantees.
Third, improve the funding guarantee mechanism. In 2022, China upgraded the South-South Cooperation Assistance Fund (established in 2015) into the "Global Development and South-South Cooperation Fund," adding US$1 billion to the original US$3 billion specifically to support cooperation under the Initiative. On one hand, the current global development financing gap reaches US$4 trillion annually; as the Fund’s scale is relatively limited, timely capital increases based on demand should be considered. On the other hand, the Fund has a clear lead management department, making it difficult for other relevant departments to take the initiative in using these funds, thus restricting the scale and sourcing channels for implementation. Therefore, it is suggested to expand innovative development financing channels and establish specialized development cooperation funds in fields such as education, energy, and health outside of the main Fund. For example, a "Global Education Development Cooperation Fund" could be established through a combination of government and social capital, enhancing the international influence and "discourse power" (话语权) [7] of Chinese education while implementing the Initiative. Simultaneously, the institutionalization of fund management and operation should be enhanced to provide robust resource support for the rule of law guarantee.
Fourth, strengthen the cultivation of rule of law talent for implementation. The Initiative is a vital component of the strategic layout of foreign-related work, requiring a large number of professionals across industries and legal talent in international development cooperation. Currently, China’s overall emphasis on cultivating legal talent for international development cooperation is insufficient, lacking strategic awareness and disciplinary support. Weaknesses exist in curriculum design, faculty allocation, textbook construction, and resource support. We must start by improving the awareness of talent cultivation, strengthening disciplinary support, and optimizing the design of talent cultivation to provide legal talent support for the implementation of the Initiative.
(The author is a professor at the School of International Law, Shanghai University of Political Science and Law) Source: Guangming Daily (Chinese Social Sciences Today), February 27, 2025. Online Editor: Hui Hui