Via China LIS-LAW ..
A very interesting post and set of documents concerning letters of agreement between China & The PRC.. especially since the Russians ( as yet unconfirmed) request for “military aid” (weapons) from China
Andrew Erickson’s blog entry on the PRC-Ukraine Treaty of Friendhip and Cooperation
Does Mao Zedong’s sentence, “I am a monk holding an umbrella, is lawless”, does it “contempt for the rule of law”?
Release time: 2016-11-22 17:09 Source: Central Literature Research Office?
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Qin Zhang
??”The monk holds an umbrella – no hair and no heaven” is a Chinese folk saying, because the word “fa” and “fa” have the same sound, it is also called “monk holding an umbrella – lawless”
The authors of this article conclude that those mean things that people who quote this and cast aspersions on good ‘ol Chairman Mao are wrong!
And Mao Zedong didn’t mean to belittle the rule of law in that talk in 1970. A fact that was simple and clear was later spread as false and given a completely different meaning. The reasons for this are worth pondering. The clarification of the real situation in history will help us to think about this issue comprehensively and objectively, so as not to draw rash and vague judgments, and we should pay more attention to identifying and independently analyze the opinions and views that really confuse right and wrong and confuse people. and judgment.
Nearly a hundred years after the slogan of “democracy and science” was put forward in today’s Chinese society, from Mao Zedong’s sentence “I am a monk who holds an umbrella and is lawless”, it is inferred that he “despised the rule of law”. Such historical descriptions that do not respect the facts, follow the literal meaning, put up with the truth, and even directly apply the views and practices of the leaders of the party and the people, should be put to rest!
Via Google Translate https://theory-
Also see
Treaty on Long-Term Good-Neighborliness, Friendship and Cooperation Between the Member States of the Shanghai Cooperation Organization
16 August 2007
Member States of the Shanghai Cooperation Organization (hereinafter referred to as “the SCO”, or “Organization”): the Republic of Kazakhstan, the People’s Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan, hereinafter referred to as “the Contracting Parties”;
Bound by historical ties of good-neighborliness, friendship and cooperation;
Guided by the goals and principles of the Charter of the United Nations, universally recognized principles and norms of international law, as well as by the Charter of the Shanghai Cooperation Organization of 7 June 2002;
Convinced that strengthening and deepening relations of good-neighborliness, friendship and cooperation between the Member States of the Organization corresponds to the fundamental interests of their peoples and contributes to peace and development in the SCO space and in the whole world;
Recognizing that globalization processes increase interdependence of States, as a result of which their security and prosperity are becoming inextricably intertwined;
Believing that contemporary challenges and threats to security have a global nature and can only be effectively met through joint efforts and adherence to the agreed principles and interaction mechanisms;
Mindful of the need to respect cultural and civilizational variety of the contemporary world;
Reaffirming their readiness to expand mutually beneficial cooperation between them and with all interested States and international organizations to promote a just and rational world order creating favorable conditions for a sustainable development of the Organization’s Member States;
Reaffirming further that this Treaty shall not be directed against any States or organizations, and that the Contracting Parties shall follow the principle of openness to the other countries of the world;
Seeking to make the SCO space a region of peace, cooperation, prosperity and harmony;
Guided by the intention to contribute to more democratic international relations and to the establishment of a new architecture of global security on the basis of equality, mutual respect, mutual trust and benefit, as well as abrogation of a bloc-based and ideological division;
Determined to strengthen friendly relations between the Organization’s Member States so that friendship between their peoples is handed down from generation to generation;
Have agreed as follows:
Article 1
The Contracting Parties shall develop long-term relations of good-neighborliness, friendship and cooperation in the areas of mutual interest for the Contracting Parties in accordance with universally recognized principles and norms of international law.
Article 2
The Contracting Parties shall settle differences between them peacefully, using, as a guidance, the Charter of the United Nations and universally recognized principles and norms of international law, as well as the Charter of the Shanghai Cooperation Organization of 7 June 2002.
Article 3
The Contracting Parties shall respect each other’s right to choose ways of political, economic, social and cultural development, taking into account the historical background and national peculiarities of each State.
Article 4
The Contracting Parties, respecting principles of state sovereignty and territorial integrity, shall take measures to prevent on their territories any activity incompatible with these principles.
The Contracting Parties shall not participate in alliances or organizations directed against other Contracting Parties and shall not support any actions hostile to other Contracting Parties.
Article 5
The Contracting Parties shall respect the principle of inviolability of borders and make active efforts to build confidence in border regions in the military sphere, determined to make the borders with each other borders of eternal peace and friendship (Chinese long-sought goal).
Article 6
In case of a situation threatening its security, a Contracting Party may hold consultations within the Organization with other Contracting Parties to provide an adequate response to the situation that emerged.
Article 7
The Contracting Parties shall make efforts within the framework of the SCO to maintain and strengthen international peace and security, and shall promote coordination and cooperation in such areas as safeguarding and strengthening the role of the United Nations, maintaining global and regional stability, advancing international arms control process, preventing the proliferation of weapons of mass destruction and their delivery means; they shall also hold regular consultations on those issues.
Article 8
The Contracting Parties, in accordance with their national legislations and on the basis of observing generally recognized principles and norms of international law, international treaties, to which they are parties, shall actively develop cooperation to counteract terrorism, separatism and extremism; illegal trafficking in drugs, psychotropic substances and their precursors and arms; other forms of transnational criminal activity; as well as illegal migration.
The Contracting Parties, in accordance with their national legislations and on the basis of international treaties, to which they are parties, shall build up their interaction in searching, apprehending, extraditing and transferring persons suspected of, charged with or sentenced for committing crimes related to terrorist, separatist, extremist activities or other crimes.
The Contracting Parties shall develop cooperation in the field of state border security and customs control, regulation of labor migration, and provision of financial and information security.
Article 9
The Contracting Parties shall promote contacts and cooperation between law enforcement and judicial authorities (the judicial branch at least mentioned) of the Contracting Parties.
Article 10
The Contracting Parties shall develop various forms of cooperation between their Defense Ministries.
Article 11
The Contracting Parties shall develop cooperation in such fields as promoting the implementation of human rights and fundamental freedoms in accordance with their international obligations and national legislations.
The Contracting Parties in accordance with their international obligations as well as national legislations, shall guarantee in their territories the observance of legitimate rights and interests of citizens of the other Contracting Parties residing in their territories, and shall facilitate the provision of necessary mutual legal assistance.
Article 12
The Contracting Parties shall recognize and protect each other’s legitimate rights and interests relative to the property possessed by a Contracting Party in the territory of another Contracting Party.
Article 13
The Contracting Parties shall strengthen economic cooperation on the basis of equality and mutual benefit and shall create favorable conditions for developing trade, encouraging investments and exchanging technologies within the framework of the SCO.
The Contracting Parties shall facilitate economic activities including the provision of legal conditions for activities, in their territories, of natural and legal persons of other Contracting Parties, who are engaged in a legal economic activity, as well as the protection in their territory of legitimate rights and interests of such natural and legal persons.
Article 14
The Contracting Parties shall develop cooperation in international financial institutions, economic organizations and fora, of which they are members, and shall facilitate membership of other Contracting Parties in those organizations in accordance with the statutory provisions of such institutions, organizations and fora.
Article 15
The Contracting Parties shall develop cooperation in the sphere of industry, agriculture, finance, energy, transport, science and technology, innovation, information, telecommunications, air space, and other spheres of mutual interest to them and shall encourage various forms of regional projects.
Article 16
The Contracting Parties shall take all possible measures to promote cooperation in the legal sphere; hold regular exchanges of information on the legislation under development, adopted or in force; and cooperate in the development of international legal instruments.
The Contracting Parties shall encourage contacts and cooperation between their legislative authorities and their representatives.
Article 17
The Contracting Parties shall develop cooperation in providing environmental protection, ecological security and sound environmental management and shall take necessary measures to develop and implement special programs and projects in these fields.
Article 18
The Contracting Parties shall render mutual support and assistance in preventing natural and technogenic emergencies and mitigating consequences thereof.
Article 19
The Contracting Parties shall develop mutual exchanges and cooperation in the fields of culture, art, education, science, technologies, health, tourism, sport and other social and humanitarian spheres.
The Contracting Parties shall mutually promote and support direct links between cultural, educational, scientific and research institutions; joint scientific and research programs and projects; as well as cooperation in training, exchange of students, scientists and specialists.
The Contracting Parties shall actively contribute to creating favorable conditions for studying the languages and cultures of other Contracting Parties (my guess: envisaging first and foremost China’s Confuzius-Institutes).
Article 20
This Treaty shall not affect the rights and obligations of the Contracting Parties under other international treaties to which they are parties.
Article 21
To implement this Treaty, the Contracting Parties may conclude international agreements in specific fields of mutual interest (? reference to additional bilateral treaties, double-layer concept of the SCO).
Article 22
Disputes related to the interpretation or implementation of the provisions of this Treaty shall be settled through consultations and negotiations between the Contracting Parties.
Article 23
This Treaty shall be subject to ratification by the Contracting Parties -Signatories to it.
This Treaty shall be indefinite and shall enter into force from the date of deposit of the last instrument of ratification to the Depositary.
This Treaty shall remain in force for any Contracting Party while it is a Member State of the Organization. Participation of a Contracting Party in this Treaty shall cease automatically from the date of the termination of its membership in the SCO.
Upon entry into force of this Treaty, it shall be open for accession by any State that has become a member of the Organization. For the accessing State this Treaty shall enter into force on the thirtieth day from the date of deposit of the relevant instrument of accession to the Depositary.
Article 24
This Treaty may be amended and supplemented by separate protocols as agreed upon by all the Contracting Parties.
Article 25
The original copy of this Treaty shall be deposited with the Depositary.
The Secretariat of the Shanghai Cooperation Organization shall be the Depositary of this Treaty and shall transmit to the Contracting Parties certified copies thereof within fifteen days from the date of its signature.
Article 26
This Treaty shall be subject to registration with the United Nations Secretariat in accordance with Article 102 of the UN Charter.
Done in the city of Bishkek on 16 August 2007 in one copy in the Russian and Chinese languages, both texts being equally authentic.
Ratification by Uzbekistan on 31 August 2012:
2007_08_16_SCO_Treaty on Good-Neighborliness_original
As Putin wages war against Ukraine, and China’s position remains unclear heading into a high-level Sino-American meeting on this issue, the 2013 Joint Communiqué and Treaty that Beijing concluded with Kiev under Xi himself raises important questions about PRC commitments. Consider the first line of the actual Communiqué itself: “2013?12?5?????
Like the Treaty, the Communiqué is signed personally by Xi and Ukraine’s then-President Viktor Yanukovych. It thus represents Xi’s personal guarantee and commitment, given his central role in the PRC system. Articles 5, 6, and 7 of the Treaty—translated below—are particularly noteworthy, as they convey at least some form of PRC support for Ukraine’s “sovereignty, security, [and] territorial integrity.” This links them to the PRC’s own claims over Taiwan, as well as efforts to maintain control over its current territory. Should the Treaty thus be read to mean that China’s claims are important, but Ukraine’s are not… as it turns out?
How, and to what extent, can others expect Beijing to commit to agreements it has made? This is directly relevant to understanding promises that Beijing made previously to Hong Kong and now offers to Taiwan in the form of Beijing’s version of the “1992 Consensus” (which does not appear explicitly mention the “different interpretations” of “one China” that the KMT previously emphasized, let alone acknowledge that many in the DPP and elsewhere in Taiwan never agreed to any form of “consensus”). Moving forward, not only will Beijing’s approaches toward Taipei become increasingly important, but becoming an increasingly significant global power will require Beijing to make an array of additional security arrangements (even if none rise to the level of formal “alliances”). How much can Beijing’s partners, established and potential, expect it to live up to agreements, especially when real world events become complex and challenging—precisely the conditions under which agreements tend to matter most?
It is therefore long overdue for key interlocutors to ask PRC officials what exactly Xi’s 2013 agreements with Ukraine actually mean in practice, while public statements should hold China accountable. U.S. officials, such as White House Press Secretary and Department of State Spokesperson Ned Price, should now say: “We expect China to honor its commitments to the 2013 Joint Communiqué/Treaty since they’re the foundation of PRC-Ukraine relations.” It is vital for European Allies/Partners to emphasize this in their own interactions with Beijing.
Any PRC acceptance of reported Russian requests for military assistance—including through cut-outs/agents, obviously—would violate the Treaty, especially Article 6.
The more Xi and his officials seek to avoid addressing the issue, the more credibility their commitments and reputation will lose. As China under Xi walks a tightrope and attempts to paper over its contradictions vis-à-vis the Ukraine and Russia, the world will be watching. Potential friends and foes of Beijing, and everyone in between, will factor the results into their decision-making.
Andrew S. Erickson, “2013 PRC-Ukraine Treaty of Friendship & Cooperation/Joint Communiqué: Signed by Xi, But What’s it Worth?” China Analysis from Original Sources ??????????, 13 March 2022.
Special thanks to Professor Ian Chong (???), National University of Singapore, for locating the Treaty documents, providing his provisional English-language translation, and allowing me to share it all here.
A partial text with free access to Articles 1-9 of the 2013 PRC-Ukraine Treaty of Friendship and Cooperation is available from Peking University Law School. The full text, complete with Articles 10-21, is directly available via Baidu. The FMPRC site does not provide the document, but does offer the Joint Statement accompanying it. All three texts are appended in full below, as well as a web posting of the Joint Statement credited to Xinhua.
Articles 5, 6, and 7 of the Treaty are particularly noteworthy. Prof. Chong’s translation follows. (If there is an official translation or a more accurate version, please send them—and any other relevant information—to www.
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Article 5
Ukraine supports the PRC side’s policies on questions of national unification and territorial integrity. The Ukrainian side reiterates that the principles behind its statements on the Taiwan question remains unchanged from the political documents signed and ratified by the heads of state of the two countries between 1992 and 2013.
The Ukrainian side recognizes that there is only one China in the world and the PRC is the only legal government representing China, Taiwan is an inseparable part of China.
The Chinese side supports the efforts of the policies of Ukrainian side to protect the unity and territorial integrity of Ukraine and related questions.
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Article 6
Neither contracting party shall take actions that damage the sovereignty, security, or territorial integrity of the other (contracting party).
Neither contracting party shall permit third countries to use their sovereign territory to damage the sovereignty, sector, or territorial integrity of the other (contracting party).
Both contracting parties shall, in accordance with their own national law and international treaties they have entered into, not permit the formation of separatist, terrorist, and extremist groups or their affiliates that damage the sovereignty, security, and territorial integrity of the other contracting party and shall prohibit such activities.
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Article 7
Once complicated situations emerge internationally or regionally that threaten the peace, sovereignty, unity, or territorial integrity of either contracting party, the contracting parties shall immediately begin discussions to develop countermeasures.
The final section offers interesting context, and rare case of the PRC allowing a language other than Chinese to be the authoritative one:
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Article 21
This Treaty shall be subject to ratification by the Parties in accordance with their domestic procedures and shall enter into force on the date of the exchange of instruments of ratification. This Treaty shall remain in force for a period of 25 years. This Treaty shall be automatically extended for a period of 5 years and shall be renewed in accordance with this Law if either Party fails to notify the other Party in writing through diplomatic channels one year prior to the expiration of the Treaty requesting termination of the Treaty.
This Treaty was signed in Beijing on December 5, 2013, in two copies, each in Chinese, Ukrainian, and Russian; all three texts being equally authentic. In case of discrepancies in the interpretation of this Treaty, the Russian version shall prevail.
(Signed) Xi Jinping, Representative of the People’s Republic of China
(Signed) Viktor Yanukovych, Representative of Ukraine
The FMPRC website has documents that refer to the Treaty (see highlighted segment), but not the text of the Treaty itself. (Notably, it does list the text of other treaties, communiqués, and statements.)
It instead offers the full text of the Joint Communiqué accompanying the Treaty.
TEXT OF JOINT COMMUNIQUÉ REFERRING TO THE TREATY VIA THE PRC’S MINISTRY OF FOREIGN AFFAIRS:
(CLICK HERE TO DOWNLOAD A CACHED COPY.)
2013-12-06 08:47
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PARTIAL TEXT OF THE TREATY AVAILABLE VIA PEKING UNIVERSITY LAW SCHOOL:
[ARTICLES 1-9 DIRECTLY ACCESSIBLE; ADDITIONAL CONTENT REQUIRES REGISTRATION)]
(CLICK HERE TO DOWNLOAD A CACHED COPY.)
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APPARENT FULL TEXT OF THE TREATY VIA BAIDU BAIKE:
(CLICK HERE TO DOWNLOAD A CACHED COPY.)
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FINALLY, HERE IS WHAT IS APPARENTLY XINHUA’S COVERAGE OF THE JOINT COMMUNIQUÉ FROM THE TIME THAT IT WAS RELEASED:
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