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10 J. E. Asia & Int'l L. 65 (2017)
Enforcing a New National Security? China's National Security Law and International Law

handle is hein.journals/jeasil10 and id is 65 raw text is: 

X JEAIL1 (2017)


           ARTICLES



           Enforcing a New National

           Security? China's National

           Security Law and

           International Law



           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
           perspective to the rule of law at both the national and international levels, specifically,
           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




*  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


China's NSL 65

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