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Brief Reflections on the 2024 U.S Government National Action Plan on Responsible Business Conduct

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In 2016 the United States Government published its first National Action Plan on Responsible Business Conduct.  It was viewed positively by many.  But not by me.  My assessment was short and not entirely positive:

 The U.S.-NAP exhibits all of the weaknesses and missed opportunities that has marked the NAP process for many developed states: it focuses on outward conduct and pays little attention to the human rights effects of economic activity within the United States; it is grounded in the prerogatives of executive command; it provides little assessment of the legal and remedial framework of the United States and its relationship to managing business conduct; and most regrettably, so focused on the present it fails to present a coherent vision, grounded in law and policy, for moving forward. And yet there is a basis for moving forward revealed in the U.S.-NAP, one that might appeal to the incoming American administration--by focusing on disclosure, transparency and information sharing. The U.S.-NAP is at its most powerful and potentially useful not as a direct manifestation of state power through law, but by embracing methods of regulatory governance that enhance the use of market levers to manage preferred behaviors. (On the U.S. National Action Plan on Responsible Business Conduct--Business and Human Rights: Public Leadership and Private Governance (2016))

That assessment, in turn, reflected a substantial concern that the NAP process itself  provided States with the opportunity  to avoid confronting the deficiencies of their engagement with the State duty to protect by encouraging the crafting of aspirational pamphlets of encouragement for the extraterritorial application of international human rights law/norms which in important ways would have no internal effects (discussion over the course of years here, here, here, here, here

On June 16, 2021, Secretary of State Antony Blinken announced on behalf of the Biden-Harris Administration that the Department would soon begin updating and revitalizing the United States’ National Action Plan on Responsible Business Conduct (NAP RBC) for U.S. businesses operating and investing abroad (discussed here). At the time, Secretary of State Anthony Blink was quoted as saying: 

Businesses can provide crucial support for democratic principles, including respect for human and labor rights. They have the capacity to help shape society and the environment – raising local wages, improving working conditions, building trust with communities, and operating sustainably. As a result, businesses have a key role in addressing human rights abuses, including throughout their value chains. (here)

In 2024, after extensive consultations among selected stakeholders, the U.S. Government has issued its revised 2024 National Action Plan on Responsible Βusiness Conduct. Its Press Release framed that effort this way:

Businesses adhering to strong responsible business conduct (RBC) practices throughout their value chains can lift standards around the world and help level the playing field, including for U.S.-based businesses and workers. The U.S. government uses a range of tools to promote and incentivize RBC, including prohibitions against federal contractors and sub-contractors engaging in trafficking in persons or using forced labor or indentured child labor; technical assistance and programming to prevent child labor, forced labor, and human trafficking in global supply chains; preferential purchasing for contractors engaged in sustainable environmental practices; import and export controls; trade-related regulations; sanctions; and visa restrictions.

The Biden-Harris Administration’s release of the United States’ second National Action Plan (NAP) on Responsible Business Conduct reflects a whole-of-government commitment to strengthen RBC. Agencies across the U.S. government have pursued policies, initiatives, and programming focused on RBC to promote respect for human and labor rights, expand use of green energy, further a just transition, counter corruption, protect human rights defenders, advance gender equity and equality, and promote rights-respecting use of technology.

2024 United States Government National Action Plan on Responsible Business Conduct 
FACT SHEET: U.S Government’s National Action Plan on Responsible Business Conduct

And, indeed, much has changed since 2016--and particularly the principles and objectives driving U.S. efforts to develop some sort of policy chapeau over business conduct that the state can give the "responsible" imprimatur. The difference is quite notable when one compares the way each was framed at the time of their distribution. In the opening page of the 2016 US NAP, then Secretary of State John Kerry wrote:

 The United States is committed to promoting human rights and leading the global fight against corruption. . . U.S. companies are among the most sought-after partners across the globe because they take seriously their responsibility to follow the rule of law, uphold human and labor rights, and strengthen the communities in which they operate. . . We undertook this process to enhance coordination within our government, push for higher standards and a more level playing field globally, and strengthen public-private coordination to help U.S. companies attain their responsible conduct goals in a variety of environments around the world. (US NAP, p. 1)).

In 2024, the Introduction to the 2024 US NAP took a slightly different tone: 

To mark the 10th anniversary of the UNGPs on June 16, 2021, Secretary Antony Blinken announced the USG’s intent to revitalize and update the NAP. While this NAP addresses the full range of RBC issues for U.S. businesses operating and investing abroad, it focuses principally on the business responsibility to respect human rights, including through effective due diligence in a rapidly changing risk environment. . . Under the Biden Administration, agencies across the USG have pursued policies, initiatives, and programming to promote respect for human and labor rights, expand the use of green energy, further a just transition, counter corruption, protect human rights defenders (HRDs), advance gender equity and
equality, and promote rights-respecting technology. (2024 US NAP p. 3, 4)

One moves here from collaboration and incentive to compliance based regimes overseen by a blended techno-bureaucracy of public and private functionaries constituted to align economic productivity with public policy, and public policy around human rights (consider a European perspective here)--but only in their outbound activities (longer discussion here). The alignment of the spheres of politics, law, and economic activity--subsumed within the overarching principles of international human rights--requires a refocus of the enterprise of business and human rights as a legal-policy matter from the State duty to protect human rights to the corporate responsibility to respect human rights.  That is, that in the context of business and human rights, States are far better equipped to transpose public regulatory structures onto private activity than they are, for the moment at least, to actually bind themselves and their domestic legal orders to the very international human rights regime they are more than eager to foist down supply chains beyond the borders of the State.  

Fair enough.

But one is still very much within the sphere's of incentive systems and incentives based compliance regimes. There is still a great distance between this approach and those privileging legalization or direct state direction (these find more fertile ground in Europe and in Marxist-Leninist states). Here one encounters a re-affirmation of the fundamental approach and sensibilities (which themselves have been evolving since the 1970s) of the Organization for Economic Cooperation and Development (OECD), the group that tends to include many "home" states in goal economic production networks.  That makes a lot of sense, especially given the strength (still) of markets driven development and the protection of the autonomy of natural and legal persons  in what is still understood as a private sphere of activity (a close look at the Business Roundtable  (re)statement on corporate purpose makes that clear enough). That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. That is, public policy does not drive economic production (its character and choices); rather public policy creates the "playing field" within those choices can be made in conformity to collective expectations, duties, and obligations (some of which are written into law especially in the guise of compliance measures and "hardened" private law; see also here).

The fundamental operative structure of the UNGP State duty to protect was grounded on the premise of international legality embedded within the principles of the state system.  And that, in turn, is still, more or less, grounded n the nation of the contractual nature of international law, and the aspirational nature of international norms.  True enough, the transformation of international law from contract to constituting instrument (that is from treaties memorializing norms and a duty to transpose them into domestic legal orders to treaties that constitute an institutional apparatus onto which certain authority is delegated; the classic version of which might be José Alvarez's International Organizations as Law Makers (OUP, 2006)  proceeds apace.  And the trajectory and implications of that transformation are substantially irresistible at this point--absent crisis. Still, State's remain protective of their authority (undisturbed in the UNGP) that (with the customary exceptional cases) to embrace or reject what may be proffered for their consideration either in the form of treaty obligation or the product of treaty bodies. 

The United States, like the People's Republic of China, are no exceptions to this sensibility, and in a sense siblings in their shared view of the prerogatives of (powerful) states within the state system and its institutional apparatus. 

And thus, it ought not surprise that the emphasis on a quasi-legalization, or exhortation toward that goal (even in hybrid form), of the corporate responsibility to respect human rights, based on international law, and applied only beyond the territorial borders of the home state becomes the centerpiece of State strategies for compliance with its duty to protect human rights. The irony is inescapable, as is the resulting transformation of the State duty from one that might have been centered on the alignment of a State's domestic legal order with its international human rights duty, to one  grounded in exteriorization of the State duty beyond its territories and governmentalization of economic actors as agents for implementation of extraterritorial human rights regimes. 

To that end an apparatus is necessary; in this case a Federal Advisory Committee on Responsible Business Conduct, that might serve as a platform in which public and private consumers of responsible business conduct (RBC) might "come to market." (2024 US NAP, p. 11). But the driving force is still exteriorization of rights based  compliance, however broadly it is dressed up in the COED-inspired language of RBC. It also requires the cultivation, long resisted in the US, of a greater openness toward non-judicial state based remedies created (through the OECD National Contact Point organs),

The OECD’s work on RBC is delivered through the OECD Centre for Responsible Business Conduct. The RBC Centre, which is part of the OECD Directorate for Financial and Enterprise Affairs, works with governments, business, workers and civil society to promote the implementation of the OECD Guidelines. The RBC Centre provides the Secretariat to the Working Party on Responsible Business Conduct, composed of representatives of all governments adhering to the Guidelines. The Working Party’s mandate includes supporting governments in designing policies for responsible business conduct, developing guidance to business of how to implement due diligence and promoting its implementation, and strengthening access to remedy through National Contact Points for RBC. (HERE)

The OECD principles and mechanisms also come with their own guiding apparatus--the OECD Working Party on Responsible Business Conduct established in 2012 and serving as a sort of capacity building and guidance mechanism around RBC. Lastly, the 2024 US NAP approach is one that permits the strategic aligning of favored elements of international human rights law/norms that align with current USG policy priorities with US procurement policies, and the USG's increasingly important sanctions mechanisms (now converging with human rights priorities).  This aligns with the explanation of RBG offered in the 2024 US NAP--"based on the growing evidence that businesses can perform well while doing good and that governments should create and facilitate the conditions for this to take place." (2024 US NAP, p. 3, n. 1).

At the center of RBC, and operationalization mechanisms are the OECD Guidelines for Multinational Enterprises, "an international legal instrument, adopted by all OECD members and open for adherence to interested non-OECD members. To date, around 50 countries have adhered to the Guidelines or are in the process of adhering. These countries represent some of the largest markets in the world and a large majority of global trade and investment activity" (HERE).  This multi-lateral apparatus has been acquiring  some quasi-jurisprudential and regulatory heft over the last twenty or so years (see my early discussion in “Rights And Accountability In Development (Raid) V Das Air (21
July 2008) And Global Witness V Afrimex (28 August 2008); Small Steps Toward an Autonomous Transnational Legal System for the Regulation of Multinational Corporations,” (2009) 10(1) Melbourne Journal Of International Law 258-307). Thus a necessary element of exteriorization involves alignments with supra-national blocs of like minded states--in this case the OECD-- through which their values can be crammed down supply chains (the US variation of what is sometimes referred to as the European "Brussels Effect"). And, like the Norwegian Pension Fund Global, that institutional apparatus is meant to privilege national priorities in international spaces  (2024 US NAP pp. 15-39; the operational guts of the 2024 US NAP) (e.g. here). 

The 2024 US NAP, on balance represents a step toward an evolution of US engagement with the issues of business and human rights in economic activity, as it intersects with critical developments in tastes and expectations for governance, their modalities, and the balance between individual autonomy to drive choices and public policy that shapes them (overseen by techno-bureaucracies seeded within the apparatus of public and private institutions).  It provides a strong statement of an approach that is quite distinct from that of the Europeans and that of Marxist-Leninist States (for a comparison of first principles driving structures that might be applied to business and human rights see here, here, and here).

The bottom line: The 2024 US NAP shows promise and is exceptionally useful as a memorial of current US policy under the current political administration. First the positives:

1. The strong alignment with the structures and sensibilities of the OECD--including its normative formulations (the OECD Guidelines for Multinational Enterprises), and its "soft" remedial mechanisms (through the National Contact Points). But more important than that is the convergence with the underlying first principles of OECD approaches to governance--markets driven, state regulatory, soft law  frameworks, and incentives based nudging that reflects a dialectic between public policy and private expectation (consider eg here, and here). 

2. The deepening of U.S. policy commitment from traditional corporate social responsibility sensibilities to RBC--understood to embrace both human rights and sustainability, as well as "good governance" issues (eg here, and here; in this case built around the concept of corruption).  Yet lost in the shift is the relationship between the normative values of RBC and the modalities of its realization.  In particular, the now generations long marginalization of philanthropy is to be lamented both in its own right and as an important expression of RBC in some cultures. 

3.The detailed and comprehensive mapping of the role of the State and its administrative organs in facilitating RBC (that is in constructing the structural elements and guidance through which RBC can be identified, measured, assessed, and guided as context changes).

4. The transparent development of prioritization in governmental nudging efforts in furtherance of policy objectives. 

5.The 2024 US NAP approach falls plausibly within a certain way of interpreting the spirit of the UNGP as well as its approach to state obligation to facilitate the 2nd pillar corporate responsibility to respect human rights.

And then the negatives: 

1. The characterization of the RBC project--and its due diligence methodologies--as something to be projected out from the US, rather than applied  both within the (home) state and elsewhere. The dangers are well known. The first touches on the construction of dual law/compliance/norm/expectation systems--one to be applied to the home state activities of enterprises and the other applicable elsewhere.  The second is the continuing treatment of international law as something alien though useful to home state. The third is that it tends to cabin RBC and its human rights elements within the foreign policy  and US external relations circles, further inhibiting the naturalization of its principles within the US  domestic order (legal and otherwise).
2. The 2024 US NAP leaves unresolved the core issues exposed by both the OECD Guidelines and the UN Guiding Principles for Business and Human Rights: is economic activity an instrument for the realization of public policy objectives (macro and micro) or is public policy an instrument for the realization of economic activity reflective of social expectations?  Within this issue are comfortably lodged the usual questions that most people like to avoid (because consensus among elites, for example, is very difficult to come by at this moment): the morality of profit and the further morality of profit distribution to holders of interest in capital; the morality of leaving to autonomous choice (not directed by or for the benefit of the State)choices in economic activity; the valuation of inputs and outputs of production; ad the like. On the other hand, the lack of resolution may be understood as a positive--at least within the context of the US political-economic model.

3. The 2024 US NAP is grounded on capacity building.  That raises three potential issues of implementation: First, much of the structures of internal capacity have already been developed or are in the process of development to some extent.  But capacity dissemination in the US administrative apparatus is thin--at best, and in this case effectively confined to the US foreign relations apparatus. Second, it is not clear how effectively knowledge and norm capacity can be imparted into the objects of all this effort. The traditional approaches, now well practiced, for example, by IFIs, have had mixed results. Third, it is not clear that, beyond funding the crafting of the 2024 US NAP the state is willing to appropriate sufficient funds to effectively implement the NAP. This challenge is heightened given the timing of the announcement of the 2024 US NAP: at the start of what is likely to be a particularly brutal US Presidential election cycle.  The temptation to view the drafting as the object, rather than its implementation, may be great, even if inadvertent circumstances may produce that result.

4. The human rights prioritization appears to cut both ways.  On the positive side it tends to simplify implementation. And it makes the "public policy case" for governmental investment of resources in the project (the way that the business case for RBC considers the benefit of enterprise investment in human rights). At the same time it might raise the concern that is never far from the core of the civil society critique: that human rights are indivisible etc.  Yet, the pragmatic turn here would institutionalize a tolerance in the State for a regime of picking and choosing priority human rights. That would align, interestingly enough, with the way that enterprises prioritize  among the Sustainability Development Goals to align with their business or enterprise objectives. 

The text of the 2024 US NAP and the published "Fact Sheet" (summary) follow below.

 

Today, the Biden-Harris Administration is releasing the United States’ second National Action Plan (NAP) on Responsible Business Conduct, reflecting a commitment to strengthen and improve respect for human rights and labor rights, expand use of green energy, counter corruption, protect human rights defenders, advance gender equity and equality, and promote rights-respecting use of technology.

President Biden is the most pro-worker President in history, and is committed to building a sustainable global economy from the bottom up and middle out. Together, he and Vice President Harris have committed to promote high labor standards, bring workers’ voices to the decision-making table, and enforce rules against unfair labor practices – not just here at home, but around the world.

The release of this Action Plan reflects an Administration-wide commitment to strengthen responsible business conduct through multi-stakeholder coordination, convenings, economic incentives, regulation, and other activities. While this NAP addresses the full range of responsible business conduct (RBC) issues for U.S. businesses operating and investing abroad, it particularly focuses on expectations for business responsibility to respect human rights, including through effective due diligence in a rapidly changing risk environment.

The NAP sets out this Administration’s expectations for businesses to conduct human rights due diligence (HRDD) across their value chains, grounded in international standards. It underscores that businesses should go further to implement sector-specific standards developed in collaboration with stakeholders that provide credible metrics to meaningfully measure progress on business impact on people across value chains.

The NAP sets out four priority areas of focus, informed by stakeholder consultations, for the United States government to promote and incentivize RBC and accelerate business implementation of effective HRDD practices:

 Establishing a Federal Advisory Committee on Responsible Business Conduct:

  • The Department of State will use the Federal Advisory Committee on Responsible Business Conduct to strengthen coordination with the private sector, affected communities, labor unions, civil society (including human rights defenders), academia, and other relevant stakeholders on RBC policies, programming, and initiatives.
  • The advisory committee will continue progress on RBC issues and can help track NAP implementation.

Strengthening Respect for Human Rights in Federal Procurement Policies and Processes: 

  • The U.S. Government Hotlines Working Group, chaired by the Departments of Health and Human Services, Homeland Security, and Justice, will identify options for improving methods through which workers and civil society can inform the government of human trafficking violations by federal contractors and sub-contractors.
  • The Department of State will pilot a human trafficking risk mapping process for high-risk and high-volume contracts to assist the acquisition workforce and federal contractors conduct due diligence during project design, solicitation, and monitoring.
  • The Department of Homeland Security’s Customs and Border Protection (CBP) will draft guidance to direct proactive consideration on a case-by-case basis of suspending and debarring companies from doing business with the federal government whenever CBP issues a penalty under the customs laws for repeated violations or other laws CBP enforces to combat forced labor so that U.S. taxpayer dollars are not going to businesses using forced labor in their supply chains.
  • The Department of Defense will conduct a review to evaluate encouraging or requiring membership in the International Code of Conduct Association for Private Security Providers’ Association (ICoCA)—a multistakeholder initiative that provides oversight and certification of private security providers in line with international human rights and humanitarian law standards—for its private security vendors.

Strengthening Access to Remedy: 

  • The Department of State will strengthen the U.S. National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises on RBC through increased stakeholder engagement. Reforms to the NCP include: the creation of a new advisory body for the NCP; proposing changes to the NCP’s confidentiality policy and updating its rules of procedure; developing one of the first NCP policies on reprisals; improving accessibility of the NCP website; and evaluating options to strengthen the NCP.
  • The Department of Labor will develop innovative access to remedy systems through funding a $2 million technical assistance project implemented by the International Labor Organization that promotes worker-driven social compliance and protects labor rights in global value chains.
  • The U.S. International Development Finance Corporation (DFC) will strengthen protections against reprisals for groups and individuals using DFC grievance mechanisms by updating its policy commitment, developing internal guidance for responding to allegations of retaliation, and enabling anonymous complaints in DFC grievance mechanisms.
  • The Department of the Treasury will advocate for effective remedy systems at multilateral development banks, including the International Finance Corporation and Multilateral Investment Guarantee Agency, for project-affected communities.
  • The Export-Import Bank of the United States will engage with the Export Credit Agency on strengthening remedy procedures and will engage in public outreach to solicit input on how to improve access to remedy and the efficacy of project-based grievance mechanisms.

Providing Resources to Businesses:

  • The Department of Labor will establish the Responsible Business Conduct and Labor Rights InfoHub, an online repository to communicate an all-of-government point of view, approach and suite of resources to advance labor rights outcomes in business operations and value chains.
  • The U.S. government will release guidance for businesses on best practices regarding Tribal Consultation and Engagement with Indigenous and Affected Communities.
  • The Department of State this week released U.S. government guidance for online platforms, such as search engines, social media platforms, and other digital services on protecting human rights defenders.
  • The Department of State will lead development of guidance to encourage investors to conduct HRDD when considering investments in technologies that could enable or exacerbate human rights abuses.
  • The U.S. government will develop additional business advisories for companies, investors, and other stakeholders who do business in or engage in transactions involving specific countries and/or sectors.

Beyond the four priority areas, the NAP includes an appendix that elaborates on certain priority area commitments and lists additional actions the U.S. government will take to advance RBC such as those in the areas of technology, climate, just transitions, worker’s rights, and anti-corruption. 

The full text of the NAP can be found on state.gov. Stakeholders are welcome to provide feedback and suggestions at any time via email at RBCNAP@state.gov.


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The U.S. Government’s National Action Plan on Responsible Business Conduct
Table of Contents
Introduction ......................................................................................................................... 3
Context ................................................................................................................................ 3
Our Commitment ................................................................................................................. 4
Organization of the National Action Plan ............................................................................. 5
Section I: Responsible Business Conduct and Due Diligence ................................................ 6
The U.S. Government Approach to Responsible Business Conduct and Due Diligence ............................ 6
The U.S. Government Expectations for Businesses on Human Rights Due Diligence................................ 7
Section II: Priority Areas of the National Action Plan on Responsible Business Conduct .... 11
Section III: Additional National Action Plan Commitments ................................................ 15
Expanding Engagement and Coordination on Responsible Business Conduct ........................................ 15
Procurement ............................................................................................................................................ 18
Access to Remedy .................................................................................................................................... 21
Technology ............................................................................................................................................... 25
Workers’ Rights ........................................................................................................................................ 30
Environment, Climate, and Just Transitions ............................................................................................. 33
Anti-Corruption ........................................................................................................................................ 37



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The U.S. Government’s National Action Plan on Responsible Business Conduct
Introduction
On December 16, 2016, five years after the United Nations (UN) Human Rights
Council’s unanimous endorsement of the UN Guiding Principles for Business and
Human Rights (UNGPs) and the addition of human rights to the Organization for
Economic Cooperation and Development (OECD) Guidelines for Multinational
Enterprises on Responsible Business Conduct (“OECD Guidelines”), the U.S.
government (USG) issued its first National Action Plan (NAP) on Responsible
Business Conduct (RBC).1 To mark the 10th anniversary of the UNGPs on June 16,
2021, Secretary Antony Blinken announced the USG’s intent to revitalize and
update the NAP. While this NAP addresses the full range of RBC issues for U.S.
businesses operating and investing abroad, it focuses principally on the business
responsibility to respect human rights, including through effective due diligence in
a rapidly changing risk environment.
Context
Since the publication of the first NAP, the global landscape for RBC has evolved
significantly. The ongoing genocide and crimes against humanity against Uyghurs
and members of other ethnic and religious minority groups in the Xinjiang Uyghur
Autonomous Region (Xinjiang) of the People’s Republic of China, Russia’s unlawful
full-scale war on Ukraine, and increased misuse of digital technologies to suppress
the exercise of human rights both online and offline, among other major
developments, introduce new risks and considerations for businesses with global
value chains.2 At the same time, crises such as climate change and the COVID-19
1 RBC is a broad concept based on the growing evidence that businesses can perform well while doing good and that governments should create and facilitate the conditions for this to take place. The principles underlying this concept are encompassed in the OECD Guidelines and the UNGPs. They place importance on three aspects of the business-society relationship: (1) emphasizing and accentuating the positive contributions businesses can make to economic, environmental, and social progress; (2) committing to robust due diligence efforts, including identifying and mitigating adverse impacts of business conduct and remedying abuses where they occur; (3) ensuring businesses are aware of and complying with legal obligations within their supply chains both at home and overseas.
2 A business value chain includes entities with which a business has a direct or indirect business relationship and which either (a) supply products or services that contribute to the business’s own products or services or (b) receive products or services from the business.

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The U.S. Government’s National Action Plan on Responsible Business Conduct

pandemic have exposed the fragility of value chains, highlighting the need to
prioritize resilience and sustainability as key components of successful business
models.
In response to these challenges, the USG developed novel approaches to
promoting RBC. The United States established the first rapid response mechanism
for denials of labor rights in the United States-Mexico-Canada Agreement; passed
groundbreaking legislation such as the Uyghur Forced Labor Prevention Act
(UFLPA), the Infrastructure Investment and Jobs Act, and the Inflation Reduction
Act; and expanded the use of traditional tools of statecraft like import and export
controls, sanctions, and visa restrictions to increase protections for human and
labor rights. Under the Biden Administration, agencies across the USG have
pursued policies, initiatives, and programming to promote respect for human and
labor rights, expand the use of green energy, further a just transition, counter
corruption, protect human rights defenders (HRDs), advance gender equity and
equality, and promote rights-respecting technology.
The private sector likewise responded to this changing global landscape by
increasing the quantity and quality of due diligence. Yet, value chain opacity,
traceability challenges, lack of guidance from governments, conflict, and weak
rule of law in many of the countries where businesses operate all make it difficult
for businesses to carry out effective due diligence.
Our Commitment
Government plays a critical role in creating an enabling environment for
businesses to succeed while upholding the highest standards of conduct. Through
this NAP, the USG commits to leverage our resources to strengthen RBC and
encourage business to address adverse business impacts, including on human and
labor rights and the environment. This commitment includes deepening
engagement with civil society, organized labor, and the private sector; providing
businesses with tools and incentives to conduct due diligence; strengthening
coordination with governments; and applying best practices and lessons learned
to USG operations. By bolstering efforts to conduct effective due diligence,
implementing lessons learned in consultation with affected stakeholders, and

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The U.S. Government’s National Action Plan on Responsible Business Conduct
 
working with partner governments, we aim to raise standards to achieve better
outcomes for all.
Organization of the National Action Plan
The NAP is divided into three sections. Section I focuses on the USG’s approach to
due diligence and expands on our expectations regarding human rights due
diligence (HRDD) as a key component of our broader efforts to promote RBC
globally. Section II details four priority areas that emerged from stakeholder
consultations and summarizes forward looking commitments within these key
areas. Section III contains details on these priority areas and additional
commitments to promote and incentivize RBC.

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Section I: Responsible Business Conduct and Due Diligence
The U.S. Government Approach to Responsible Business Conduct
and Due Diligence

The USG recognizes the positive contributions U.S. businesses make to
strengthening communities at home and abroad by generating economic growth,
creating jobs, upholding the rule of law, promoting fair labor standards, and
encouraging respect for human rights and the environment. Through its
innovation and development of new technologies, the private sector is at the
center of solving some of society’s greatest challenges. Businesses adhering to
strong RBC practices throughout their value chains both lift standards around the
world and help level the playing field, including for U.S.-based businesses and
workers. The USG regularly works with U.S. businesses to support their RBC
efforts which enables them to continue to play a leadership role on the global
stage. At the same time, the USG takes seriously its duty to protect against
adverse impacts of business activity. We do this by regulating business activity,
strengthening due diligence practices, and providing and facilitating access to
remedies for adverse outcomes.
Regulation of business activity to strengthen RBC can be traced back to 1930,
when President Herbert Hoover signed legislation, now codified as 19 U.S.C. 1307,
that prohibited the importation into the United States of any product that was
mined, produced, or manufactured wholly or in part by convict labor, forced labor,
and/or indentured labor under penal sanctions, including forced or indentured
child labor. In doing so, the United States established a clear stance against forced
labor and laid the groundwork for future efforts to combat forced labor. Almost a
half century later, in 1977, with bipartisan support in Congress, President Jimmy
Carter signed into law the Foreign Corrupt Practices Act (FCPA) to prohibit bribery
of foreign officials by certain business enterprises and individuals and to establish
certain mandatory accounting and bookkeeping practices. This landmark
legislation promoted sound business practices and fostered a level playing field in
international commerce. Many business leaders now appreciate that the FCPA
offers them a measure of protection against foreign corruption. For over four

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decades, the FCPA has served as a global model in the fight to combat official
corruption and promote commercial activity under the rule of law.
Shifting to the present, the UFLPA, signed into law by President Joe Biden in
December 2021, prohibits U.S. businesses from importing goods into the United
States produced either wholly or in part in Xinjiang or produced by entities
identified on the UFLPA Entity List unless the Commissioner of U.S. Customs and
Border Protection (CBP) determines that clear and convincing evidence indicates
that the goods were not produced with forced labor. Recognizing the
overwhelming prevalence of forced labor practices in Xinjiang, the UFLPA
represents another important step forward in advancing the U.S. regulatory
approach to combating forced labor.
Through these laws, the USG incentivizes businesses to conduct due diligence.
Additionally, the USG takes regulatory measures that reinforce and amplify the
USG’s approach to due diligence. Prohibitions against federal contractors and
sub-contractors engaging in trafficking in persons or using forced or indentured
child labor; preferential purchasing for sustainable environmental practices in new
contracts; export controls; and trade laws and regulations are all tools the USG
uses to promote RBC and incentivize due diligence in both the private and public
sectors.
The U.S. Government Expectations for Businesses on Human
Rights Due Diligence
The USG expects businesses to conduct HRDD throughout their value chains in
line with internationally recognized standards set out in the UNGPs and the OECD
Guidelines as well as in the International Labor Organization’s (ILO’s) Tripartite
Declaration of Principles Concerning Multinational Enterprises and Social Policy
(“MNE Declaration”). Businesses should treat these standards and principles as a
floor rather than a ceiling for implementing responsible business practices while
incorporating lessons learned and striving for continuous improvement. Building
up from these standards and principles, businesses should implement sector-
specific standards developed in collaboration with governments, civil society,
labor unions, and businesses. Such standards should provide credible metrics that

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meaningfully measure progress on the impact of businesses on people across
value chains.
Given its centrality to responsible and effective business operations, HRDD should
be an integral part of decision-making and embedded into existing risk
management systems with support from the highest levels of the business. Unlike
due diligence on risks to the business such as financial and market risks, HRDD
focuses on preventing and addressing risks to people. The USG expects all
businesses to conduct HRDD regardless of their size, sector, operational context,
ownership, or structure. Nevertheless, the scale and complexity of the means
through which businesses meet their responsibility to respect human rights
consistent with the UNGPs may vary according to these factors. HRDD is
intertwined with due diligence efforts pertaining to other forms of RBC,
particularly concerning the environment and combating corruption, which may
carry direct and indirect risks related to human rights.
In conducting HRDD, a business identifies, anticipates, prevents, mitigates, and
accounts for how it addresses actual or potential adverse impacts on human
rights. This includes impacts which it may cause, to which it may contribute, or to
which it is otherwise directly linked through a business relationship. Among the
factors that should be considered where impacts are directly linked include the
business’s leverage over the entity concerned, how crucial the relationship is to
the business, the severity and likelihood of the risk of abuse, and whether
terminating the relationship with the entity would have adverse human rights
consequences.
Characteristics of HRDD include:
• Metrics to Assess and Address Risks: The amount and depth of due
diligence should be commensurate with the severity and likelihood of an
adverse impact, where more significant risks are prioritized (e.g., due to the
type of product or service involved and/or the operating context).
• Ongoing Assessment, Monitoring, and Evaluation: Iterative, responsive, and
adaptable processes that include monitoring, evaluation, and feedback loops
should verify whether adverse impacts are being effectively addressed and
new potential impacts identified.


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• Consistent Stakeholder Engagement: Ongoing communication with those
whose rights could be affected by the business's activities and organizations
that represent them should guide every step of the due diligence process to
shape understanding of the risks and strengthen access to remedy, including
through effective grievance mechanisms.
• Public Communication: Communication should occur at least annually and
should share business’s commitment to a rigorous internal and external
review of risks as well as adequate measures taken to address these risks.
• Grievance Mechanism: A grievance mechanism to capture feedback on
human rights impacts and risks from affected stakeholders should be secure,
accessible, responsive, and include communication channels for internal and
external reporting of possible misuse of a product or service. Businesses may
also participate in third-party grievance mechanisms such as state or non-
judicial dispute resolution, procedures developed with an independent union
or trade union federation, and/or localized grievance mechanisms. The
mechanism(s) should be legitimate, accessible, predictable, equitable, rights
compatible, and developed in consultation with those for whom it is
intended.
• Alignment With Human Rights Instruments: The review process should be
consistent with the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the OECD Guidelines, the ILO MNE
Declaration, and the UNGPs.

The USG expects businesses to conduct heightened HRDD in conflict-affected
contexts in line with the UN Development Program Guide on Heightened HRDD
for Business in Conflict-Affected Contexts. Businesses should assess the impacts
of their actions not only on people but also on the conflict itself. This means
conducting ongoing conflict analyses that identify the driving dynamics in the
conflict and the main actors involved, especially if those actors have a relationship
to the business. Heightened due diligence should commence as soon as warning
signs of a conflict are present.

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In addition, the USG expects businesses to account for populations that face
disproportionate impacts of business activity in conducting HRDD. Best practice
dictates developing policies to protect HRDs and taking steps to prevent reprisals
against defenders. Throughout their HRDD efforts, businesses should account for
the disproportionate harms business activity can have on marginalized
populations, including women and girls in all their diversity; persons with
disabilities; members of ethnic, religious, linguistic, or racial minority groups;
Indigenous Peoples; LGBTQI+ persons; children; and migrant workers.

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Section II: Priority Areas of the National Action Plan on
Responsible Business Conduct

Informed by consultations with a wide spectrum of stakeholders from civil society,
labor unions, affected communities, academia, and the private sector, the USG
identified four priority areas with commitments to promote and incentivize RBC
and to accelerate business implementation of effective HRDD practices. These
priority areas complement, and are not intended to repeat, other USG plans and
directives such as the Open Government Partnership NAP; the Presidential
Memorandum on Advancing Worker Empowerment, Rights, and High Labor
Standards Globally (“Global Labor Strategy”); and the NAP to Combat Human
Trafficking.
1. Priority Area (1)Establishing a Federal Advisory Committee on Responsible Business Conduct: The USG considers coordination with nongovernmental stakeholders to be a foundational principle of RBC and a core operating principle for democratic societies. To enable the USG to better coordinate policies, programming, and initiatives related to RBC, including business and human rights (BHR), with the private sector; affected communities; labor unions; civil society, including HRDs; academia; and other relevant
stakeholders, the U.S. Department of State (“State”) has established a
Committee on RBC pursuant to the Federal Advisory Committee Act. The
RBC Advisory Committee will enable expert stakeholders to advise the USG
on pressing issues such as HRDD, the implementation of the OECD
Guidelines, critical minerals, and other relevant RBC topics. The RBC
Advisory Committee will further serve as a venue for follow-up on NAP
implementation and will continue building upon progress made throughout
the NAP process long after its publication.
2. Priority Area (2) Strengthening Respect for Human Rights in Federal
Procurement Policies and Processes:
As the largest single purchaser of
goods and services in the world with more than $700 billion in spending last
year alone, the USG has unique leverage to protect human rights in federal
supply chains. The United States has long had a policy of prohibiting


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government employees and contractor personnel from engaging in
trafficking in persons and procuring products made with forced or
indentured child labor. The efficacy of this policy was strengthened in 2015
when a Federal Acquisition Regulation (FAR) rule, titled “Combating
Trafficking in Persons,” was updated to implement trafficking-related
prohibitions for federal contractors and subcontractors.
Through this NAP, the USG commits to strengthen implementation of the
existing regulations that prohibit human trafficking, trafficking-related
activity, and forced or indentured child labor. To better identify violations of
these prohibitions in the FAR, the USG will complete a review of reporting
mechanisms as set forth in priority action 4.4.7 of the NAP to Combat Human
Trafficking and will thereafter identify options for improving methods
through which workers and civil society can inform the USG of human
trafficking violations by federal contractors and subcontractors. In addition,
State will pilot a new human trafficking risk mapping process for high-risk and
high-volume contracts to assist the acquisition workforce as well as federal
contractors to conduct greater due diligence during project design,
solicitation, and monitoring . See Section III for additional details.
3. Priority Area (3) Strengthening Access to Remedy: Among the three pillars
of the UNGPs, implementation of the third pillar, access to remedy, has been
the weakest. The USG commits to strengthen access to remedy and to
enable communities affected by USG investments or who utilize USG
dispute mechanisms to access remedy safely and without reprisal. To do so,
agencies and offices will strengthen USG-based due diligence processes and
grievance mechanisms in consultation with external stakeholders through
the following measures, all of which are further elaborated upon in Section
III:
• State: State will enable stakeholders to seek resolution of RBC issues by strengthening the U.S. National Contact Point (NCP) for the OECD Guidelines through increased stakeholder engagement, including creating a new advisory body; proposing changes to the NCP’s confidentiality policy and otherwise improving procedures, including by updating them in line with the 2023 update to the OECD Guidelines;


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developing one of the first NCP policies on reprisals; improving
accessibility of the NCP website; and evaluating technical, personnel, and policy options to strengthen the NCP.
• U.S. Department of Labor (DOL): DOL will develop innovative access to remedy systems through funding a $2 million technical assistance project implemented by the ILO that promotes worker-driven social compliance and protects labor rights in global value chains.
• U.S. International Development Finance Corporation (DFC): DFC will strengthen protections against reprisals for groups and individuals through an updated policy commitment, developing internal guidance for responding to allegations of retaliation, and enabling anonymous complaints in DFC grievance mechanisms.
• U.S. Department of the Treasury (“Treasury”): Treasury will advocate for effective remedy systems at multilateral development banks, including the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA), for project-affected communities, which includes robust responsible exit principles.
• Export-Import Bank of the United States (EXIM): EXIM will engage with Export Credit Agency (ECA) counterparts on strengthening remedy procedures and will engage in public outreach to solicit input on how to improve access to remedy and the efficacy of project-based grievance mechanisms.

4. Priority Area (4) Providing Resources to Businesses: As U.S. businesses seek to conduct effective HRDD, they must contend with different regulatory
environments; country- or sector-specific risks; and expectations from
investors, consumers, and the government. To provide clear guidance to
businesses so they may develop informed policies and practices, the USG
will establish the RBC and Labor Rights InfoHub, an online repository to
communicate an all-of-government point of view, approach, and suite of
resources to advance labor rights outcomes in business operations and value
chains. DOL will develop this resource and encourage its dissemination


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across the USG. Under the NAP, new guidance beyond labor rights will be
developed such as due diligence guidance for investors considering
investments in technologies that could enable or exacerbate human rights
abuses and business advisories for companies, investors, and other
stakeholders who do business in or engage in transactions involving specific
countries, regions, or sectors with heightened human rights risk. This week,
we released U.S. Guidance for Online Platforms on Protecting Human Rights
Defenders Online and will soon release guidance on Tribal Consultation and
Engagement With Indigenous and Affected Communities.


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Section III: Additional National Action Plan Commitments
The following list of commitments elaborates on certain priority area
commitments and lists additional actions the USG will take to advance RBC.
Expanding Engagement and Coordination on Responsible Business
Conduct
Given the cross-cutting nature of RBC issues today, coordination and
communication between the USG, rights-holders, the private sector, civil society,
labor unions, and academia will be critical to continue advancing RBC and
enabling businesses to conduct HRDD. The following commitments seek to build
on the momentum generated by the NAP by establishing new processes,
practices, and mechanisms to continue RBC engagement after NAP publication.
Table 1: Expanding Engagement and Coordination on Responsible
Business Conduct Commitments
Agency Commitment
Department of State: State will evaluate and assess the impact of potential approaches
to implementing RBC Reporting Requirements, which would build
on previous models of public reporting related to HRDD and RBC-
related issues. The United States and other governments have
employed a range of models for public reporting on RBC, noting
both challenges companies face in providing information that may
be sensitive, confidential, or involve security or other such risks.
Public reporting is an integral part of robust HRDD, and State will
work with other agencies to identify approaches that can build on
lessons learned to assess potential model(s).

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Agency Commitment
Department of State: (in coordination with other government agencies) State, in coordination with other government agencies, will deploy appropriate tools, including economic sanctions, visa restrictions, and export control measures, to promote
accountability for relevant actors for BHR-related abuses. The USG maintains and implements several tools to promote accountability for individuals and entities that are responsible for actions that run counter to RBC principles, including human rights
abuses, labor abuses, corruption, and wildlife and timber trafficking. These tools apply a range of specific pressures and impacts, including denying officials the right to enter the United States, restricting export privileges, and blocking assets.
Department of State (in coordination with other government agencies): State will coordinate with other government agencies, businesses, civil society, labor unions, and other relevant stakeholders to produce additional business advisories, where appropriate, to
inform businesses and individuals about risks associated with events and developments in particular countries, regions, or sectors. These business advisories provide information that can help inform business decision-making, including in areas that are not subject to sanctions, export controls, or other mandatory restrictions.
Department of State; State will launch a BHR training for Department officers. This
training will help DC-based and embassy personnel understand what BHR is, why it is integral to U.S. foreign policy, and how BHR issues may present in their work.
Department of State: State will strengthen policy coordination around BHR with other
governments. This will include greater information-sharing and consultations with other governments as well as consideration of joint policy initiatives around topics of mutual interest.

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Agency Commitment
Department of State: State will leverage its Chairship (Chair through May 2025) of the
Voluntary Principles on Security and Human Rights Initiative (VPI) to make meaningful governance reforms and expand membership of the Initiative to include other land-intensive industries. The VPI is a multistakeholder initiative that provides guidance to companies
on providing security for their operations in a manner that respects human rights.
Department of State: Under the Global Initiative to Galvanize the Private Sector as
Partners in Combating Corruption (GPS), State’s Bureau of International Narcotics and Law Enforcement (INL) will develop tools for increasing integrity in due diligence. These tools will support harmonization and streamlining of anti-corruption, human rights, labor, and environmental due diligence processes.
U.S. Agency for International Development: Through the Public-Private Alliance for Responsible Minerals Trade (PPA), the U.S. Agency for International Development (USAID) will promote increased alignment of industry operations and governance mechanisms to the OECD Guidance and local governance expectations; amplify insights from high-quality
independent data that identify key barriers to impactful due diligence; and test and analyze solutions to these challenges. The PPA is a global partnership between civil society, the USG, and the private sector to leverage members’ knowledge, networks, and experience to inform global responsible minerals sourcing.

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Procurement
The USG has immense leverage to incentivize RBC through its procurement
processes. U.S. prohibitions on human trafficking and child labor in federal supply
chains have been pivotal to the effort to prevent U.S. taxpayer dollars from
enabling human and labor rights abuses. The following commitments strengthen
implementation of these regulations and expand areas through which the USG
may be able to promote and incentivize RBC by government contractors and
subcontractors.
Table 2: Procurement Commitments
Agency Commitment
Department of State: State’s Office to Monitor and Combat Trafficking in Persons and the Bureau of Overseas Building Operations will partner together to pilot a new human
trafficking risk mapping process for acquisition personnel aimed at assessing
and preventing risks during the design, solicitation, and monitoring of State
construction contracts. Learnings will be used to apply to broader
procurement efforts within State, especially contracts of high risk and high
volume, and will be shared with the interagency.
Department of Defense: The U.S. Department of Defense (DoD) will conduct a review to evaluate the value of encouraging or requiring membership in the International Code of
Conduct Association for Private Security Providers’ Association for its private
security company (PSC) vendors as part of its commitment to continuously
reviewing, updating, and strengthening its policy and oversight for contracted
private security functions. While DoD already has a third-party certification
requirement in place for its private security contractors, ongoing evaluation and
review of options will ensure DoD continues to uphold its commitment to
strengthening PSC oversight structures and incentivizing PSCs to engage in RBC.
Department of Homeland Security: The U.S. Department of Homeland Security (DHS), CBP will draft guidance to direct the proactive consideration on a case-by-case basis, suspension and debarment whenever CBP issues a penalty under the customs laws for
repeated violations of 19 U.S.C. § 1307 or other laws CBP enforces to combat
forced labor. The guidance will also encourage consideration of suspension and
debarment on a case-by-case basis when CBP issues withhold release orders

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Agency Commitment
(WROs) or Findings against entities or individuals. Suspension and debarment
actions prevent agencies from contracting or engaging in other covered
transactions directly with an entity or individual who is not presently
responsible to do business with the federal government. Suspension and
debarment also prevents contractors already in the federal marketplace from
subcontracting with excluded entities.
Federal Acquisition Regulatory Council: The Federal Acquisition Regulatory Council, consisting of the Office of Federal Procurement Policy, the General Services Administration, DoD, and the National Aeronautics and Space Administration, will consider regulatory
changes to reduce or eliminate the ability of federal contractors to contract
with subcontractors who have been debarred, suspended, or proposed for
debarment. FAR 9.4052(b)’s $35,000 exemption threshold for subcontracting
with contractors debarred, suspended, or proposed for debarment will be
reviewed. In conjunction with increased consideration of suspension or
debarment for entities subject to WROs, regulatory changes may not only help
ensure entities subject to WROs take corrective action but will also help
prevent items made with forced labor from being procured with federal dollars.
Department of Labor: Labor’s Bureau of International Labor Affairs (ILAB) will make it easier for contractors to identify “high-risk” sectors for federal contracts by
standardizing naming conventions between their lists and those in the FAR
and improving access for contractors to a designated ILAB webpage with
information about USG resources, including ILAB’s child labor and forced
labor reports. The technical amendment will harmonize naming conventions
between the FAR and DOL to eliminate confusion. The webpage will make
information more accessible to those in the contracting and procurement
communities.
Department of Labor: ILAB will map the “List of Goods Produced by Child Labor or Forced Labor” to Product Service Codes (PSC) and country information to increase use by the acquisition workforce. DOL maintains the “List of Goods Produced by Child
Labor or Forced Labor” to raise public awareness about forced labor and child
labor around the world and to promote efforts to combat them; it is not
intended to be punitive, but rather to serve as a catalyst for more strategic and
focused coordination and collaboration among those working to address these

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Agency Commitment
problems. Mapping the named products to PSC will facilitate analysis of
procurement data by country of origin and additional protections, such as those
outlined in M-20-01, Anti-Trafficking Risk Management Best Practices &
Mitigation Considerations, and could be imposed in awards with heightened
risk of forced labor issues.
Department of State: INL, in partnership with the OECD and under the GPS, will increase integrity in public supply chains by developing a best practice toolbox built on OECD
standards for risk-based due diligence, public procurement, and integrity.
This toolbox will bring together suppliers, public buyers, and integrity public
officials in a trustworthy environment to define practical steps businesses and
governments can take to increase integrity in supply chains.
Senior Policy Operating Group’s Procurement & Supply Chains Committee:
The Senior Policy Operating Group’s Procurement & Supply Chains Committee
will facilitate the production of a video informing workers of their rights
under federal government contracts and subcontracts, with information
about where and how to report violations.
Hotlines Working Group: The Hotlines Working Group chaired by the Department of Health and Human Services (HHS), DHS, and the Department of Justice will coordinate within the interagency to identify options for improving methods through which workers
and civil society can inform the USG of potential human trafficking violations
in federal contracts after completing its ongoing review of reporting
mechanisms as set forth in Priority Action 4.4.7 of the NAP to Combat Human
Trafficking.
Department of Health and Human Services: HHS will work with industry partners, civil society, unions, individuals with lived experience, and other subject matter experts to develop and make available a suite of sector-specific tools, including online training,
recommendations, model policies, and a resource portal, to prevent forced
labor, human trafficking, and related practices in the supply chains (including
purchased services) of U.S. health systems and public health institutions,
pursuant to the Trafficking Victims Protection Act of 2000 (TVPA), as amended
by the National Defense Authorization Act for Fiscal Year 2013, and Federal
Acquisition Regulation Subparts 22.15 and 22.17.

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Access to Remedy
The third pillar of the UNGPs provides there should be access to effective remedy
for business-related human rights abuses. The United States recognizes the value
of effective grievance mechanisms and is committed to strengthening USG-based
grievance mechanisms. The following commitments seek to strengthen access to
remedy for communities and workers, including those who may be adversely
affected by business activity and projects funded by the USG.
Table 3: Access to Remedy Commitments
Agency Commitment
Department of State: State will build on progress to date and intends to make the following
significant changes to further improve the NCP. Note that some of these
intended changes, particularly including those that involve changing rules of
procedure, will be pursued subject to a public notice and comment process.
Easing confidentiality: We propose to make the following changes to the
confidentiality policy of the NCP:
• Make public the existence and status of pending cases on the NCP’s website, which, prior to the initial assessment, would only include party names if both parties agree.
• Issue our Initial Assessments as public documents, in a summary form, after changing our rules of procedure.

Supplementing pool of mediators with additional expertise: We propose to change our rules of procedure to provide for the possible addition of subject-matter experts to work alongside and in addition to our mediators.
Promoting “high-road”3 corporate practices: In all Specific Instances in which the NCP offers good offices, including in the event of failure to reach resolution through good offices and any Specific Instance where an enterprise fails to respond, the NCP will endeavor to include specific recommendations, as

3 For the purposes of the NCP, “high-road” corporate practices include, but are not limited to, providing well-paying, safe, healthy, and decent jobs, respecting labor rights, and implementing joint worker-management initiatives that advance compliance with labor rights both domestically and abroad.

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Agency Commitment
appropriate, in Final Statements that address concerns raised, promote high-
road practices, and/or encourage actions consistent with the OECD Guidelines.
Establishing an anti-reprisal policy: We plan to issue a clear and strong policy
against reprisals. The policy is intended to address the risk of reprisals against
persons or groups, including human rights, labor, and environmental
defenders, against actions taken because they have submitted or are
considering submitting a Specific Instance to the NCP. We will be among the
first NCPs to take this significant step.
Creating a new external advisory body for the NCP: We will create a
subcommittee of the new RBC Advisory Committee to advise the NCP. This
subcommittee will effectively take the place of the former Stakeholder
Advisory Board.
Provision for greater follow-up: We propose to change our rules of procedure
to encourage routine follow-up on cases after their conclusion. This will
confirm our recent practice of using follow-up to effect change (e.g., where the
NCP requests a party to report back on what it has done to address an alleged
RBC problem).
Reflecting the 2023 update to the OECD Guidelines: We intend to update our
rules of procedure to reflect the update to the OECD Guidelines adopted last
year.
Publishing a promotional plan: We intend to develop and issue a plan to
promote the OECD Guidelines with business and to raise awareness of the role
of the NCP. Purposes of the plan will include to confirm that our much-
expanded stakeholder outreach is evenhanded, to increase awareness of the
OECD Guidelines and the Specific Instance process among underserved and
underrepresented stakeholders, and to improve reception of the OECD
Guidelines and the process among U.S. businesses.
Improving our online outreach: We plan to improve the accessibility of the
NCP’s website on state.gov to make it more informative and easier to navigate.
Considering further changes: We will consider additional, further changes as
we continue making efforts to further strengthen the NCP in close consultation
with stakeholders, including through the new RBC Advisory Committee and its

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Agency Commitment
planned subcommittee. Our aims will include strengthening access to remedy,
demonstrating USG implementation of the UNGPs and the OECD Guidelines,
and furthering the Biden Administration’s Global Labor Strategy.
Department of Labor: ILAB will fund a project to improve the implementation of worker-driven social compliance systems that promote fundamental labor rights and
acceptable conditions of work, including the elimination of forced labor, in
supply chains. Piloted in the Indonesian palm oil sector, this project will create
or refine a model for social compliance systems that can be replicated in other
countries and sectors to help ensure that workers have a say in securing for
themselves fair working conditions. The duration of this project will be three
years.
International Development Finance Corporation: DFC will strengthen protections for individuals and groups voicing complaints and enhance its capacity to respond when retaliation does occur. DFC will codify its commitment to zero tolerance for retaliation in its updated Environmental and Social Policy and Procedures (ESPP); develop and
implement internal guidance for responding to allegations of retaliation; and
ensure existing DFC complaints mechanism procedures enable anonymous
complaints.
Department of the Treasury: Treasury will advocate for an effective remedy system at multilateral banks, including IFC and MIGA, which includes robust principles on “responsible exit.” This advocacy will inform IFC and MIGA’s development of the “IFC/MIGA Approach to Remedial Action.” This approach seeks to minimize the
occurrence of environmental and social harm in IFC and MIGA projects
through improving the implementation of environmental and social
safeguards, while also supporting remedial action to communities to address
harm when needed.
Export-Import Bank of the United States. EXIM will solicit public input on how to strengthen the effectiveness of project-based grievance mechanisms. This will include outreach to interested stakeholders and an opportunity for the public to provide feedback on this subject. This feedback will inform the agency’s efforts to work with other
export credit agencies in establishing improved standards for project-based

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Agency Commitment
grievance mechanisms as well as its own evaluation of the adequacy of such
mechanisms in the project context.
Export-Import Bank of the United States: EXIM will engage with ECA counterparts on ways to strengthen best practices around access to remedy. Working through the OECD Common Approaches and the Equator Principles, EXIM will review and look to improve the ability for local communities to have meaningful access to remedy.

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Technology

As a leader in scientific development, technological progress, and business
innovation, the United States plays a critical role in advancing respect for
democracy and human rights in the design, development, governance, and use of
technology and continues to work to advance an open, interoperable, secure, and
reliable Internet. Through our engagement with businesses and with multilateral
and multistakeholder initiatives, the USG can further a free, open, and secure
digital ecosystem aligned with respect for democratic principles and human rights,
while countering the misuse of technology globally from artificial intelligence-
powered mass surveillance and censorship at scale to violations of privacy
through targeted cyber intrusions without proper safeguards or legal authorities.
The following commitments leverage diplomatic tools and initiatives to strengthen
respect for democracy and human rights in the technology sector.

Table 4: Technology Commitments

Agency Commitment
Department of State: State will lead an interagency task force to drive outreach to international partners on issues regarding content authenticity and provenance. The task
force will build on diplomatic efforts to internationalize the U.S. voluntary
commitments to ensure safe, secure, and trustworthy AI and to solidify broad
global consensus on an international approach to AI technologies. State will
lead the task force to accomplish the following objectives:

1) Develop and promote a global norm for countries to detect AI-generated
synthetic content and label authentic government-produced content;
2) Discuss and develop mechanisms to share information and best practices
on content authentication and synthetic content detection, leveraging
existing platforms and dialogue structures;
3) Advance support for developing countries and civil society to conduct
content authentication and provenance, including providing technical
consultations, exchanges, and assistance;
4) Encourage engagement by foreign partners in the U.S. Department of
Commerce’s (“Commerce’s”) process around standards, tools, methods,

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Agency Commitment

and practices for content authentication, identification, and labelling, as
well as preventing the use of AI models to generate nonconsensual
intimate images; and
5) Support engagement with international standards bodies to encourage a
common global content authentication standard.

U.S. Agency for International Development: USAID will launch a five-year Advancing Digital Democracy (ADD) program in 2024. The program will strengthen rights-respecting digital ecosystems to promote the use of technology and data to advance rather than undermine democratic values and human rights. A key objective for ADD is to increase the
extent to which human rights considerations are embedded in the design,
development, deployment, use, and procurement of digital technologies. To
achieve this key objective, ADD will support multistakeholder approaches that
strengthen networks among government, civil society, academia, technology
professional associations, consumer rights groups, and local private sectors and
increase their capacity and resources to grow rights-respecting digital
economies in USAID partner countries.
Department of Commerce: The National Telecommunications and Information Administration (NTIA), a bureau within Commerce, will publish a report on creating mechanisms for earned trust in AI systems. NTIA published a Request for Comment in 2023
and is using this feedback and discussions with stakeholders to write the report.
The report will address audits, assessments, certifications, and other
mechanisms that can help provide assurance an AI system is trustworthy.
Department of State: State will internationalize efforts related to responsible government design, development, use, procurement, and deployment of AI through
multistakeholder and multilateral initiatives. State will engage with the
Freedom Online Coalition (FOC) to develop a pledge on responsible
government development, use, and procurement of AI and will work with FOC
members to develop new workstreams to promote knowledge-sharing among
member governments to operationalize responsible AI principles. State will
also continue to engage with the various regional and international
organizations active in those efforts, including the International
Telecommunication Union and its AI for Good platform-related efforts, as well

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Agency Commitment
as the UN Educational, Scientific and Cultural Organization (UNESCO), including
UNESCO’s implementation efforts in the public and private sectors for its
Recommendation on the Ethics of AI to help advance human rights-based
approaches to the development of AI systems and mitigate potential risks of
the misuse of AI, including in procurement.
Department of State: State will designate staff as human rights and technology officers to increase engagement at key multilateral fora, as part of related State and U.S.
interagency workstreams, and at bilateral cyberspace and digital policy
dialogues. These officers will advance innovative development, application,
and rights-based governance of AI systems and other technologies.
Department of State: State will further implementation of the Export Controls and Human Rights Initiative Code of Conduct ("Code"). State will lead a multilateral discussion
with Subscribing States to further identify, define, and share best practices in
implementing the UNGPs as part of the Code.
Department of State: State, in consultation with relevant interagency partners, will lead
development of guidance to encourage investors to conduct HRDD when
considering investments in technologies that could enable or exacerbate
human rights abuses. State, in consultation with civil society, including labor
organizations, and private equity and venture capital investors, will develop
guidance to discuss downstream risk factors associated with the misuse of
technology, potential safeguards throughout the product lifecycle, how
investors can influence business decisions in companies whose technologies
have been proven to enable human rights abuses if used improperly, and best
practices in conducting HRDD.
Department of State: State will designate a labor and AI expert to increase engagement on the impact of AI throughout labor-related workstreams. The expert will consult
with regional and functional teams on opportunities to increase attention to
the impact of AI on internationally recognized labor rights, workplace safety,
worker well-being, and labor rights issues arising within the AI value chain such
as in data labeling and content moderation across multiple State workstreams.

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Department of State: State, in its implementation of the U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally, will engage with the private sector to
identify solutions to technology-facilitated gender-based violence (TFGBV)
through the Global Partnership for Action on Gender-Based Online
Harassment and Abuse (“Global Partnership”). The Global Partnership focuses
its work on three strategic objectives: advance national, regional, and
multilateral policies; scale programming and resources; and strengthen the
evidence base for preventing and responding to TFGBV. The Global Partnership
will engage the private sector, including technology platforms, through
expansion of its multistakeholder Advisory Group and through a series of
dialogues to increase shared understanding of and identify solutions to TFGBV
in line with the Global Partnership’s three strategic objectives.
Department of State: State will launch a new program, “Safe Online: Empowering Women in the Digital Economy,” to address risks of TFGBV facing women in business and the
obstacles to women’s inclusion in the digital economy in Armenia and
Georgia. In partnership with local organizations in each country, the program
will encourage governments and private companies to implement online TFGBV
and sexual harassment policies to improve the enabling environment for
women in business. This program is supported by the Gender Equity and
Equality Action Fund.
Department of State: State will work with Treasury to convene an interagency working group to strengthen human rights safeguards that apply to multilateral development
bank funded telecommunications infrastructure projects.
Department of State: State will engage with Internet Service Providers (ISPs) on best practices for how ISPs can mitigate risks of Internet shutdowns. These best practices will
be developed through a multistakeholder group focused on network
restrictions or disruptions and will be promoted multilaterally.
Department of State: State is releasing U.S. Guidance for Online Platforms on Protecting HRDs. The USG, building upon joint guidance released with the European Union through
the U.S.-EU Trade and Technology Council, is publishing detailed guidance for
online platforms on how companies can effectively collaborate and coordinate
with civil society and other relevant stakeholders to identify, address, mitigate,

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prevent, and enable access to remedies for online threats and attacks against
HRDs.
Department of Labor: DOL will explore the effects of the digitalization of the labor market on workers’ rights and identify best practices for companies to address negative
impacts. Digitalization of the labor market holds significant potential to
increase productivity, safety, and accessibility for workers but also presents
potential risks for workers, including algorithmic bias and non-transparency
surrounding automated systems. DOL will engage in efforts to identify best
practices for companies to understand and address these impacts, such as
adopting measures for companies to provide relevant information to workers
on company use of automated systems and promoting among companies the
creation of communication channels where workers and their representatives
across enterprises can exchange information on the use of automated systems
in the world of work
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Workers’ Rights
Promoting internationally recognized labor rights, including freedom of
association and the right to not be subjected to forced labor, is key to achieving
inclusive growth, enhancing stability, and leveling the playing field for U.S.
workers and businesses. The USG regularly leverages its diplomatic engagement,
trade policy, programming, and reporting to foster respect for internationally
recognized labor rights and help develop commitments by key stakeholders to
respect these rights. This includes a steadfast commitment to promoting RBC
both domestically and internationally.
Moreover, the establishment of the Global Labor Strategy significantly bolsters our
efforts in this regard. Through this initiative, the USG will better coordinate its
resources and initiatives to address emerging labor rights issues comprehensively.
The following commitments seek to strengthen USG capacity to engage on
emerging labor rights issues and strengthen implementation of measures that
combat the use of forced labor.
Table 5: Workers’ Rights Commitments
Agency Commitment
Office of the U.S. Trade
Representative
The Office of the U.S. Trade Representative (USTR) will address forced
labor in traded goods and services by establishing a Forced Labor Trade
Strategy to identify priorities and establish an action plan for utilizing
existing and potential new trade tools. USTR will conduct an interagency
review across the USG through the Trade Policy Staff Committee's
Subcommittee on Trade, Forced Labor, and Child Labor to examine existing
trade policies and tools used to combat forced labor, including forced child
labor, in order to identify areas that may need to be strengthened and gaps
that may need to be filled. USTR will use this analysis to establish objectives,
priorities, new tools, and key action items to advance development of the
strategy. The process will maximize input from stakeholders, including
victims; labor and human rights organizations; civil society; and the private
sector.
Department of Labor DOL will work toward enabling informal mining operations to better meet
international standards by piloting innovative strategies to develop
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traceability initiatives that facilitate companies’ legal purchase of artisanal
and small-scale mining (ASM) cobalt under internationally recognized
standards from mining cooperatives from the Democratic Republic of the
Congo and other countries. DOL technical assistance projects will support
efforts to improve ASM sector mining operations’ compliance with national
laws and regulations, meet international standards, and standardize safety
and labor protections in the sector.
Department of
Homeland Security
DHS will convene biannual stakeholder engagements on the
implementation of the UFLPA Strategy to enhance its ability to be
responsive to external stakeholder input. These meetings will include
stakeholders from the private sector and civil society and will provide key
Forced Labor Enforcement Task Force updates on efforts related to the
UFLPA Entity List, UFLPA Strategy Updates, diplomatic outreach, and CBP
enforcement of the UFLPA rebuttal presumption. Meetings will incorporate
a robust discussion on ways to improve RBC with regards to the
implementation of the UFLPA in the United States and among international
partners.
Department of
Homeland Security
CBP and Homeland Security Investigations (HSI), the Center for Countering
Human Trafficking’s newly established Forced Labor Investigations Unit,
will improve information sharing with the aim to increase the number of
WROs and Findings as well as criminal investigations into allegations of
forced labor. Increased information sharing will enhance the relationship
between HSI and CBP, which will improve CBP’s ability to identify and prevent
the entry of products made with forced labor into the United States through
the use of WROs and Findings and to enhance HSI investigations into
importers who knowingly violate U.S. trade laws and/or benefit from forced
labor.
National Oceanic and
Atmospheric
Administration
The National Oceanic and Atmospheric Administration, in coordination
with the Departments of State and Labor, will continue to promote the
adoption of international labor standards for crew and observers in
international fisheries management bodies. These standards include
provisions to ensure that crew have safe, legal, and sanitary conditions
aboard fishing vessels and receive adequate remuneration for their work.
The standards also call for legal and fair recruitment processes.
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U.S. Agency for
International
Development
USAID will build on its work to advance worker empowerment, human
rights, and labor standards through its Global Labor Programming. The
program, implemented by the Solidarity Center, Solidar Suisse, and
Sightsavers, will work with local civil society partners and trade unions to
improve working conditions for marginalized workers; expand fundamental
labor rights and social protections for workers; and strengthen the resiliency
of trade unions and worker organizations to advocate for better wages and
working conditions.
Department of State
State will encourage high labor standards globally by promoting
agreements and frameworks between businesses and worker organizations
that ensure respect for labor rights. Through diplomacy, State will elevate
and encourage social dialogue between businesses and labor organizations,
including with independent and democratic trade unions, and promote high-
road or best practices such as enforceable agreements between parties to
safeguard rights and promote high labor standards in supply chains, sectors,
or industries.
Department of Health
and Human Services
HHS will launch new resources under its Look Beneath the Surface (LBS)
public awareness and outreach campaign on trafficking in persons specific
to migrant farmworkers. The LBS campaign encourages help-seeking
behaviors among people who may be at risk for or experiencing human
trafficking and the professionals who engage with them.
Department of Labor: ILAB will launch an online RBC and Labor Rights Information Hub to communicate a clear point of view, expectations for RBC, and a whole-of
government approach to labor rights throughout business operations and
supply chains of U.S. companies. The RBC InfoHub will provide a central
repository of USG agency guidance, tools, and resources to facilitate and
incentivize adoption of effective corporate accountability models and
practices relevant to labor rights outcomes in business supply chains as well
as with U.S. government procurement and accountability officers to facilitate
efforts to conduct due diligence.

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Environment, Climate, and Just Transitions

Climate change and environmental degradation or damage can exacerbate
existing risks to the enjoyment of human rights, livelihoods, food security, health
of populations, poverty, displacement, and civil and interstate conflict and
disproportionately affect marginalized populations. Increasingly, businesses are
integrating environmental, social, and governance standards into their decision-
making, responding to these challenges as well as emerging requirements for
disclosures and value chain transparency related to emissions or other
environmental impacts. The following commitments are intended to address
environmental impacts of business activity and work toward just transitions that
addresses displacement, respect for human rights, and access to meaningful
livelihoods.

Table 6: Environment, Climate, and Just Transitions Commitments

Agency Commitment
International Development Finance Corporation: DFC will update its ESPP by clarifying its clients’ responsibilities in assessing supply chains with high risks of child labor and forced labor, significant health and safety issues, or significant conversion of critical
forest areas or critical natural habitat in order to promote due
diligence. Through this update, clients will better understand DFC
expectations with respect to identifying and managing risks in their
supply chains, and DFC will be better positioned to assess supply chain
risks to mitigate harm.
International Development Finance Corporation: DFC will enhance stakeholder engagement by enabling robust and diverse public comment on proposed policy changes to its ESPP. To ensure that the ESPP revision process is inclusive of a diverse set of
stakeholders and interests, DFC will continue to provide sufficient notice
and opportunities for public comment on changes to its ESPP.
Department of State: DRL, through the Office of Global Programs and Initiatives, will award grants for work related to just transitions, focusing on the nexus of
climate and labor rights. Climate change has affected labor rights
worldwide, including through the loss of agricultural land, pollution,

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heat, and reduced occupational safety and health standards. The grants
will be aimed at supporting projects that address the nexus of climate
and labor rights such as programs to assist workers to adapt and to learn
new skills needed as companies adopt greener technology to address
climate issues and carbon emissions.
Office of the U.S. Trade Representative: USTR will advance environmental sustainability at home and abroad by prioritizing trade policies that are resilient, sustainable, and inclusive in
the implementation of its framework to advance environmental
sustainability. USTR will leverage trade policy tools and associated
cooperation to advance environmental sustainability and support
mitigating the impact of the climate crisis on underserved and
overburdened communities, including by pressing trade partners to
continually reassess domestic policies to ensure they provide for high
levels of environmental protection.
Department of State, in partnership with the Department of Agriculture: State, in partnership with the U.S. Department of Agricultures’ Forest Service, will implement a program in Free Trade Agreement (FTA) partner countries to increase capacity at seed banks and nurseries to promote women’s leadership and expertise. This project, Safeguarding
the Future: Promoting Gender Equity and Equality and Climate Action
Through Seed Banks and Nurseries, will provide opportunities for
women through training, education, and networking. The project will
enhance the implementation of climate adaptation measures through
nature-based solutions and further women’s technical knowledge and
transferable skills to provide them advancement opportunities in
existing seed banks or nurseries and/or help them to start their own
enterprises.
Department of State: State, through its embassies and its Bureau of Oceans and
International Environmental and Scientific Affairs’ (OES’) Office of
Environmental Quality (ENV), will engage in outreach aimed at
increasing civic participation in the environmental submissions
mechanisms established by FTAs and operated in connection with FTAs’
secretariats on environmental enforcement matters. State’s ENV and
its embassies located in relevant FTA partner countries – Colombia,

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Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru,
and the Dominican Republic – will find innovative ways to disseminate
information on existing environmental submissions mechanisms and will
explore opportunities to build capacity in underserved communities
(e.g., rural regions, ethnic minorities, communities with low and no
Internet connectivity) so they are aware these mechanisms exist and
understand their use. The secretariats and related submissions
processes promote the effective enforcement of environmental laws,
provide an opportunity for civic participation in environmental decision-
making, and promote transparency in environmental governance.
U.S. Agency for International Development: USAID will elevate the role of workers, unions, and community leaders in just transition initiatives and work with partners to ensure labor organizations, trade unions, and impacted communities meaningfully
participate in energy transition planning. USAID will support partners
to pursue ambitious and equitable mitigation efforts to advance just
transitions that will have economic, health, ecological, and social
benefits. Such mitigation efforts will use an inclusive approach that
empowers a broad range of stakeholders, including the labor movement
and marginalized and underrepresented groups, to ensure shared and
sustained outcomes as well as limit any negative impacts.
Department of State: OES, through its informal interagency working group to reduce
violence against environmental defenders, will hold a series of
meetings to identify and disseminate good business and investment
practices that can reduce and, ideally, prevent violence against
environmental defenders. These meetings will include relevant
stakeholders including members from civil society organizations and
businesses. The identified good business and investment practices will
ultimately be shared within the USG.
Department of Health and Human Services:HHS’s Office on Trafficking in Persons (OTIP) in the Administration for Children and Families (ACF) will develop a microlearning module
tailored for ACF grant recipients, which provides information about
administrative flexibilities available to respond and recover from
climate-mediated events and other natural disasters. The

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microlearning will also give considerations for implementing programs
through an environmental justice lens (e.g. developing a meaningful,
demonstrable, and ethical outreach plan to address the impact of
climate change on trafficking risk and vulnerability within underserved
communities).
Department of Health and Human Services: OTIP will refresh SOAR Disaster Management: Preventing and Responding to Human Trafficking for the broader anti-trafficking field based on emergent insights. This online training module equips disaster
management professionals with the information and resources they
need to prevent, identify, and respond to human trafficking during and
after disasters or emergencies, including mitigating forced labor during
recovery and reconstruction efforts.

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Anti-Corruption
Globally, corruption saps economic growth, hinders development, destabilizes
governments, undermines democracy, and provides openings for dangerous
groups such as criminals, traffickers, and terrorists. The USG coordinates across
the globe to prevent graft, strengthen investigation and prosecution of
corruption, promote transparency and accountability, and empower civil society
and independent media to expose corruption and advance reforms. This makes it
harder for criminality and terrorism that affect U.S. security to take root and
spread; promotes more democratic, stable governments as partners for the
United States; and levels the playing field for U.S. businesses to compete
internationally. The following commitments reflect the U.S. whole-of-government
approach in addition to those detailed in the U.S. Strategy on Countering
Corruption.

Table 7: Anti-Corruption Commitments

Agency Commitment
Department of the Treasury: Treasury’s Financial Crimes Enforcement Network (FinCEN) will advance a rulemaking effort to increase the transparency of the U.S. real estate sector.
On February 7, 2024, FinCEN issued a Notice of Proposed Rulemaking that
aims to address the systemic money laundering vulnerabilities associated
with the U.S. real estate sector and, consequently, the ability of illicit actors
to launder, store, or move criminal proceeds through purchases of real
estate. This effort aims to increase the transparency of the U.S. real estate
sector, making it more difficult for illicit actors – including corrupt officials,
criminal organizations, drug and human traffickers, and others – to launder,
move, or store ill-gotten gains through the misuse the U.S. real estate sector.
Department of the Treasury: Treasury will continue to implement the Corporate Transparency Act (CTA) [ed: BUT SEE HERE] to enhance beneficial ownership transparency for legal persons in the United States. The continued implementation of the FinCEN rule on
beneficial ownership information reporting provisions and the revision of
FinCEN’s 2016 Customer Due Diligence Rule will aid in the
implementation of the CTA and strengthen beneficial ownership transparency
for legal persons, such as shell and front companies, in the United States to

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prevent their misuse by illicit actors. On January 1, 2024, FinCEN launched a
beneficial ownership filing system pursuant to the CTA. Under this new
framework, many companies operating in the United States are now required
to report information to FinCEN about their beneficial owners – in other
words, the real people who own or control them. This effort will make it
more difficult for illicit actors – including corrupt officials, terrorist financiers,
criminal organizations, and drug and human traffickers – to misuse opaque
corporate structures like shell companies to launder the proceeds of crime.
Department of State: State, in partnership with OECD and under the GPS, will hold a Trusted Dialogue Series on Getting Influence Right. This effort aims to identify core
principles of responsible corporate political engagement and produce a set of
guidelines, Principles on Responsible Political Engagement for the Private
Sector, which will clarify what policies could be implemented to manage and
prevent conflict of interest, ensure integrity in lobbying practices and political
financing, and uphold the transparent and neutral use of data to inform
advice to policymakers.
Department of State: State, in partnership with the OECD and CoST – the Infrastructure
Transparency Initiative and under the GPS, will support the implementation
of a new Infrastructure Anti-Corruption Toolbox (IACT) containing a wide
range of tools and activities to prevent and detect corruption in
infrastructure. The toolbox focuses on four areas: knowledge creation,
capacity building, public-private cooperation, and enhancing accountability.
With IACT, State will advance the Blue Dot Network to help infrastructure
project stakeholders, including those in government, private sector, and civil
society, to better comply with anti-corruption standards. In addition to the
work with OECD, State will use the GPS platform to better integrate private
sector input on anti-corruption challenges and
potential solutions to inform the work of the USG in foreign assistance as well
as policy and multilateral priorities.
Department of the Treasury: Treasury will assess and address the illicit finance risks associated with key financial gatekeepers – such as accountants, lawyers, real estate
professionals, investment advisers, and trust and company service
providers – and consider potential steps to address these risks. Certain

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types of financial intermediaries, gatekeepers, and other professions or
sectors are not covered by comprehensive and uniform Anti-Money
Laundering/Countering the Financing of Terrorism (AML/CFT) obligations and
face varying levels of illicit finance risk exposure. This assessment and
subsequent action are meant to address the uneven application of AML/CFT
measures to key gatekeeper professions and sectors and work to address
those risks. On February 7, 2024, Treasury released its 2024 Money
Laundering, Terrorist Financing, and Proliferation Financing Risk Assessments,
which discuss these issues. In addition, on February 13, 2024, Treasury issued
a sectoral risk assessment of the investment adviser sector.
Department of State:Under the GPS initiative, State will support a peer learning community on incentivizing compliance. The community will discuss the challenges faced
when governments incentivize anti-corruption compliance programs and
identify good practices and other solutions that both governments and
companies can use to improve corporate compliance efforts.
Department of State: In partnership with the UN Office on Drugs and Crime (UNODC), State will leverage regional anti-corruption hubs in Mexico, Colombia, Kenya, and
Thailand to support anti-corruption reforms. Through the hubs, UNODC and
State will provide technical assistance for implementing the UN Convention
Against Corruption and other reforms that will level the playing field for
businesses operating with integrity.
Department of State: Under GPS, State will support a new effort, Tech Connect for Integrity. The effort matches data or information technology expert(s) from the private
sector with their counterparts in the integrity, anti-corruption, or
accountability community (e.g., anti-corruption agencies, supreme audit
institutions, or internal audit functions). Together, the peers will identify
opportunities to strengthen data-driven approaches for preventing, detecting,
and mitigating the risks of fraud and corruption.

 












时刻保持解决大党独有难题的清醒和坚定 把党的伟大自我革命进行到底 [Always maintain the sobriety and determination required to solve the unique problems of the leading party and to undertake its great self-revolution to the end] 学思导图 [Study Guides]: 中共中央纪律检查委员会 中华人民共和国国家监察委员会 [Central Commission for Discipline Inspection of the Chinese Communist Party and the National Supervisory Commission of the PRC]

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The Central Commission for Discipline Inspection of the Communist Party of China (中国共产党中央纪律检查委员会) "is the inspection and supervision agency of the Central Committee of the Communist Party of China . It is responsible for safeguarding the Party's charter and other intra-party laws and regulations, and inspecting the Party's line, principles, policies and resolutions. implementation, assist the party committee in strengthening the party's work style and organizing and coordinating the main tasks of anti-corruption work, and implement the secretary responsibility system."  [中国共产党中央委员会的检查监督机关,担负维护党的章程和其他党内法规,检查党的路线、方针、政策和决议的执行情况,协助党的委员会加强党风建设和组织协调反腐败工作的主要任务,实行书记负责制。] (HERE; working regulations discussed here). It is co-located with its administrative analog, the National Supervisory Commission of the People's Republic of China (国家监察委员会) which, since 2018, has had the same constitutional status of the Chinese State Council and the Supreme People's Procuratorate.  

The scope of CCDI's work is complicated by the challenges of translating sometimes complicated theory into practical expectations; and then of translating those practical expectations into something like a framework of self-referencing systems against which lower level cadres and the masses might be better about to adjust behaviors and outlooks to align with higher level interpretations of theory "applied." Recently, and in the tradition of early post-revolutionary CPC poster work, CCDI has attempted an elaborate multi-part set of visual 学思导图 (Study Guides).

Over the course of much of March 2024, CCDI/NSC developed a set of 学思导图 (Study Guides) focusing on the alignment of the principles of self-revolution and the anti-corruption mission of CCDI/NSC. That alignment, and its framing through the evolving expectations of self-revolution, were announced in January 2024 as a further elaboration of New Era theory: 《深入学习贯彻习近平总书记关于党的自我革命的重要思想,纵深推进新征程纪检监察工作高质量发展》[“In-depth study and implementation of General Secretary Xi Jinping’s important thoughts on the Party’s self-revolution, and in-depth advancement of high-quality development of discipline inspection and supervision work in the new journey”]. "The third plenary session of the Central Commission for Discipline Inspection (CCDI) of the twentieth party congress took place on January 8, emphasizing “courage in [performing] self-revolution” as a distinctive character and advantage of the Chinese Communist Party (CCP). . . The substance of the thought is contained in 'grasping nine issues.'" (‘Self-Revolution’ Suggests Stronger CCDI Mandate). The People's Daily summarized these in an article published 9 January 2024:

Pix credit here
在深入推进党的自我革命实践中需要把握好九个问题,即:以坚持党中央集中统一领导为根本保证,以引领伟大社会革命为根本目的,以新时代中国特色社会主义思想为根本遵循,以跳出历史周期率为战略目标,以解决大党独有难题为主攻方向,以健全全面从严治党体系为有效途径,以锻造坚强组织、建设过硬队伍为重要着力点,以正风肃纪反腐为重要抓手,以自我监督和人民监督相结合为强大动力。要坚持解放思想、实事求是、与时俱进、守正创新,不断进行实践探索和理论创新,不断深化对党的自我革命的规律性认识,把党的自我革命的思路举措搞得更加严密,把每条战线、每个环节的自我革命抓具体、抓深入 [Nine issues need to be grasped in deepening the party's self-revolutionary practice, namely: [1] adhering to the centralized and unified leadership of the Party Central Committee as the fundamental guarantee, [2] leading the great social revolution as the fundamental purpose, [3] and taking the Thought on Socialism with Chinese Characteristics for a New Era as the fundamental guideline, [4] taking the strategic goal of jumping out of the historical cycle, [5] taking solving the unique problems of the big party as the main direction, [6] taking improving the comprehensive and strict party governance system as the effective way, [7] taking forging strong organizations and building excellent teams as the important focus, and [8] taking the correct style to correct theDiscipline and anti-corruption are an important starting point, and [9] the combination of self-supervision and people's supervision is a powerful driving force.We must persist in emancipating the mind, seeking truth from facts, advancing with the times, being upright and innovating, constantly carrying out practical exploration and theoretical innovation, constantly deepening the understanding of the laws of the party's self-revolution, making the party's self-revolutionary ideas and measures more rigorous, and making every move more rigorous.Self-revolution on all fronts and in every link should be specific and in-depth.].

That effort suggests correction of the CPC's approach to the embedding of ideological baselines among lower level cadres, and more generally, the masses.  

在肯定成绩的同时,实事求是分析了纪检监察工作和干部队伍建设存在的问题,要求高度重视、切实加以解决。[While affirming the achievements to date, we also analyzed the problems existing in the discipline inspection and supervision work and the construction of the cadre team based on facts, and called for high attention and practical solutions.] (《深入学习贯彻习近平总书记关于党的自我革命的重要思想,纵深推进新征程纪检监察工作高质量发展》)

The challenge is to transpose high level theory, already years in development during the leadership of Xi Jinping, and make is accessible to those who are expected to adhere. High ranking officials, certainly, but common folk especially. And thus the turn  to textually rich flow charts in the form of  学思导图 (Study Guides).  It makes for an interesting contrast to the development of anti-corruption strategies developed in the US. One might consider the connections between the 2021 U.S. Strategy on Countering Corruption, elements of which were implemented and transposed to economic activity through the 2024 US National Action Plan for Responsible Business Conduct.

Fourteen were produced. They are designed to take the reader through the restated theory of self-revolution aligned with the normative goal of anti-corruption ideals. Links to all fourteen Study Guides follow below.  

In future posts I will work through them as a way both of understanding their meaning in this quite specific context, and then more broadly within New Era theory (for the larger context see Mapping New Era Theory: 习近平新时代中国特色社会主义思想科学体系 [Xi Jinping’s Scientific System of Socialist Thought with Chinese Characteristics for a New Era]).

 

学思导图 中共中央纪律检查委员会 中华人民共和国国家监察委员会

学思导图丨时刻保持解决大党独有难题的清醒和坚定 把党的伟大自我革命进行到底
2024-03-31 14:30
学思导图⑬丨突出发扬彻底自我革命精神深化纪检监察机关自身建设
2024-03-30 14:30
学思导图⑫丨突出规范化 法治化 正规化 深化纪检监察体制改革和制度建设
2024-03-29 15:00
学思导图⑪丨突出政治定位深化巡视巡察
2024-03-28 14:30
学思导图⑩丨突出严的基调深化党的纪律建设
2024-03-27 14:30
学思导图⑨丨突出常态长效深化落实中央八项规定精神
2024-03-26 14:30
学思导图⑦丨突出“两个维护”深化政治监督
2024-03-24 14:30
学思导图⑧丨突出铲除土壤条件深化反腐败斗争
2024-03-25 15:30
学思导图⑥ 突出凝心铸魂深化拓展主题教育成果
2024-03-23 14:00
学思导图⑤丨正确把握铲除腐败问题产生的土壤和条件的部署要求
2024-03-22 15:00
学思导图④丨深刻把握“反腐败是最彻底的自我革命”的重要论断
2024-03-21 14:30
学思导图③丨深刻体悟习近平总书记关于党的自我革命的重要思想的学习要求
2024-03-20 15:00
学思导图②丨深刻领会习近平总书记关于党的自我革命的重要思想的丰富内涵
2024-03-19 14:00
学思导图①丨深刻认识习近平总书记关于党的自我革命的重要思想的重大意义
2024-03-18 15:30

Central Commission for Discipline Inspection of the Communist Party of China National Supervisory Commission of the People's Republic of China

Study guide丨Always maintain the sobriety and determination to solve the unique problems of the big party and carry out the party's great self-revolution to the end
2024-03-31 14:30
Study guide ⑬丨 Highlight and carry forward the spirit of thorough self-revolution and deepen the self-construction of discipline inspection and supervision agencies
2024-03-30 14:30
Study Guide⑫丨Highlight standardization, rule of law, and formalization, and deepen the reform and system construction of the discipline inspection and supervision system
2024-03-29 15:00
Study guide ⑪丨Highlight political positioning and deepen inspections and examonations
2024-03-28 14:30
Study guide⑩丨Highlight the tone of strictness and deepen the party's discipline construction
2024-03-27 14:30
Study guide ⑨丨 Highlight normalcy, long-term and deepen the implementation of the spirit of the eight central regulations
2024-03-26 14:30
Study Guide⑦丨Highlight "Two Maintenances/Safeguards" and Deepen Political Supervision
2024-03-24 14:30
Study Guide ⑧丨 Highlight the eradication of favorable conditions and deepen the anti-corruption struggle
2024-03-25 15:30
Learning Thought Map ⑥ Highlight Condensing the Heart and Casting the Soul to Deepen and Expand Theme Educational Achievements
2024-03-23 14:00
Study guide ⑤丨 Correctly grasp the deployment requirements of the environmental conditions for eradicating corruption problems
2024-03-22 15:00
Study guide ④丨 Deeply grasp the important conclusion that "anti-corruption is the most thorough self-revolution"
2024-03-21 14:30
Study Guide ③丨 Deeply understand the learning requirements of General Secretary Xi Jinping’s important thoughts on the Party’s self-revolution
2024-03-20 15:00
Study Guide ②丨 Deeply understand the rich connotations of General Secretary Xi Jinping’s important thoughts on the Party’s self-revolution
2024-03-19 14:00
Study Guide①丨The significance of deeply understanding General Secretary Xi Jinping’s important thoughts on the Party’s self-revolution
2024-03-18 15:30

Enrique Dussel Peters, James A. Cook, Joseph S. Alter (eds), Connecting China, Latin America, and the Caribbean: Infrastructure and Everyday Life (U. Pitt. Press, 2024)

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Happy to pass along information about a recently published book that may be of interest, Enrique Dussel Peters, James A. Cook, Joseph S. Alter (eds), Connecting China, Latin America, and the Caribbean: Infrastructure and Everyday Life (U. Pitt. Press, 2024). The publisher materials describe the work this way: 

A long history of migration, trade, and shared interests links China to Latin America and the Caribbean. Over the past twenty years, China has increased direct investment and restructured trade relations in the region. In addition, Chinese public sector enterprises, private companies, and various branches of the central government have planned, developed, and built a large number of infrastructure projects in Latin America and the Caribbean, such as dams, roads, railways, energy grids, security systems, telecommunication networks, hospitals, and schools. These projects have had a profound impact on local environments and economies and help shape the lived experiences of individuals. Each chapter in this volume examines how the impact of these infrastructure projects varies in different countries, focusing on how they produce new forms of global connectivity between various sectors of the economy and the resulting economic and cultural links that permeate everyday life.

Part 6 (Chapter 5; From Governance Gaps to Interpretive Spaces in the UNGP: A Framing Analysis )--Vetting the Discussion Draft: "The United Nations Guiding Principles for Business and Human Rights: A Commentary

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As long as you do not yet know the true Way [it does not matter] whether [it is] Buddhist Law or the laws of the world of men—you will think of them as correct ways, and believe them to be good things; however, from the perspective of the true ‘Way,’ the major “models” and standards of the world, seen together, are all biases of individual minds and, based on these distortions, go against the true Way. ( Miyamoto Mushashi, The Five Rings: Miyamoto Musashi’s Art of Strategy (David K. Groff (trans); NY: Cartwell Books, 2012), p. 210 (emptiness))

I have been working on the production of a comprehensive commentary of the United Nations Guiding Principles for Business and Human Rights.  This is a humbling task. It follows the production of both an official commentary, written in tandem with the UNGP itself, and a collective commentary of the UNGP undertaken by some of the most distinguished students of other fields of human rights, business, and its related fields of academic  study ( The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury (ed); Edward Elgar, 2023).  

I am at a point where I can start vetting portions of the draft. I hope to share those discussion drafts with a wider audience in hopes of getting feedback. In these posts I provide a short summary of the draft chapter and a link t access a 'pdf' version.  All draft chapters may be found on my Coalition for Peace & Ethics Website website at UNGP Commentary Page HERE.

This post introduces the manuscript's Chapter 5 ("From Governance Gaps to Interpretive Spaces in the UNGP: A Framing Analysis Historical Foundations of the UNGP Project"). The primary focus of this chapter are gaps, and their effect in creating interpretive spaces.  This brings the reader back to the chapter’s opening quotation from Miyamoto Misashi’s Five Rings (set out above) and approaches to UNGP commentary. Gaps in approaching the ideal or expected produce quite distinct ways of approaching the ideal, which together represent the form of the bias inherent in distinctive approaches to any ideal. In that context it is the bridge rather than the perspective that assumes a critical role.
 
The gap between the draft UNGP and the UNGP in final form is one gap. The gap between inductive pragmatism grounded in the “no fundamental transformation” principle and the normative principles of doing no harm as measured against adverse human rights impacts is another. These gaps are embedded, of course, in the text of the UNGP itself, as well as in the constitution of its “spirit.” The gaps and its interpretive consequences constitute an important basis on which the sometimes substantial ranges of plausible interpretation of the UNGP principles are produced. These discussions follow in Chapters 6-9 and its more granular commentary on the UNGP in final form. It is important, however, to highlight the structuring of the core structures that produce the interpretive gaps at the heart of the granular commentary that follows. First it helps define the extent and form of the spaces within which such interpretive gaps exist as plausible readings of the UNGP and its spirit. Second, it highlights the fundamental dynamic element of the UNGP itself--an effort to bridge governance gaps that itself produces a dynamic dialectic that means to bridge the gaps between principle and pragmatism, between human rights and other core principles of economic organization and markets, between individual and collective rights and obligations, and between private autonomy and public policy.

Section 5.1 considers the evolution from draft text circulated in 2010 to the final version of the Guiding Principles presented in early 2011. Section 5.2 turns from the interpretive gaps presented in the movement from draft to final versions of the UNGP, to the gaps between principle and pragmatism which the UNGP attempts to bridge. These touch on the dilemmas of traditional law-state systems in matrices of global economic production, the law-policy conundrums of the state duty, the character of the principles themselves, the contradictions of the corporate person and its paradoxes when the state itself projects regulatory and productive power simultaneously. Section 5.3 then elaborates an initial commentary on the form and scope of interpretive gaps that emerge from the UNGP’s efforts to bridge governance gaps using a framework that itself preserves the structures from which those gaps take form. These are meant to provide a foundation for the more detailed engagement of a close reading of the principles themselves, as well as of the spirit of the UNGP that emerges from the project itself. (From Chapter 5 text).

The Chapter 5 discussion draft may be accessed directly HERE. The text of the draft of chapter 5 as of the time of this posting also follows below along with its table of contents.

5.1 From Governance Gaps to Interpretive Spaces in the UNGP: A Framing Analysis

5.1.1 The Devil Is in the Detail—Section By Section Analysis—Overall Structure and Capstone Principle

                  5.1.1.1 Overall Structure

                  5.1.1.2 Definitions

5.1.1.3.  Introduction  to the Draft Principles and General Principles of the Guiding Principles

                                    5.1.2 The State Duty to Protect Principles

                                                      5.1.2.1 Foundational Principles

                                                      5.1.2.2  Operational Principles—General State and Regulatory Policy Functions

                                                      5.1.2.3  Operational Principles—The State-Business Nexus

5.1.2.4 Operational Principles—Supporting Business Respect for Human Rights in Conflict Affected Areas

5.1.2.5 .  Operational Principles—Ensuring Policy Coherence

                                    5.1.3 The Corporate Responsibility to Respect Human Rights

                                                      5.1.3.1 Foundational Principles

                                                      5.1.3.2.  Operational Principles, Policy Commitment.

                                                      5.1.3.3 Operational Principles, Human Rights Due Diligence

5.1.3.4. Operational Principles, Remediation

5.1.3.5.  Operational Principles, Issues of Context

                                    5.1.4 Access to Remedy Principles

                                                      5.1.4.1 Foundational Principles

                                                      5.1.4.2 Operational Principles—State-Based Judicial Mechanisms

                                                      5.1.4.3 Operational Principles—State Based Non-Judicial Mechanisms

                                                      5.1.4.4 Operational Principles—Non-State Based Grievance Mechanisms

                                                      5.1.4.5 Operational Principles—Effectiveness Criteria

5.2 The Gaps Between Principles and Pragmatism in the Development of the UNGP

 

                                    5.2.1 The Dilemmas of the Law-State System in a Global Context

                                    5.2.2.  The law-policy conundrum of the state duty to protect

5.2.3. Character of the Guidelines: Framework, Handbook, Roadmap or Law?

5.2.4. The Character of Domestic Corporate Law Making and the International Responsibility to Respect

5.2.5. The Problem of Double Character: State-Owned Enterprises and Corporations in Conflict Zones

5.2.6.  Remedies

5.2.7.  Inter-systemic Issues

                  5.3 The Textualization of Intent: A Preliminary Framing Commentary

                                    5.3.1 The State Duty to Protect Human Rights

                                    5.3.2. The Corporate Responsibility to Respect Human Rights

                                                      5.2.3.1 Foundations

5.3.2.2.  Scope of the Corporate Responsibility to Protect and Complicity

5.3.2.3 Normative Content

5.3.2.4.  Human Rights Due Diligence

5.3.2.5  Elements of Human Rights Due Diligence

5.3.2.6.  HRDD Statements of Policy

5.3.2.7.  HRDD Assessing Impact

5.3.2.8.  HRDD Integration

5.3.2.9.  Elaboration: What is Specific to Human Rights

5.3.2.10.  Applicability to All Business

5.3.2.11.  Effectiveness

5.3.2.12.  Implementation; Consultation and Transparency

5.3.2.13.  Prioritizing Issues in HRDD

5.3.2.14.  When International and National Norms Conflict

5.3.2.15.  Supply Chain

                                    5.3.3 Human Rights Framework Linkage Issues

                                                      5.3.3.1.  Indigenous People

5.3.3.2 Gender

5.3.3.3 Finance

                  5.4 Conclusion

 


Susan Finder: China’s Highest Court and “Foreign-Related Rule of Law” (European Chinese Law Research Hub)

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The folks over at the European Chinese Law Research Hub (with thanks to Marianne von Blomberg, Editor ECLR Hub, Research Associate, Chair for Chinese Legal Culture, University of Cologne) have posted  a marvelous discussion of a new work by Susan Finder (Distinguished Scholar in Residence at the School of Transnational Law of Peking University (Shenzhen)) on  China’s Highest Court and “Foreign-Related Rule of Law,” an article that was published in (2023) 8 China Law and Society Review 62–118 (online publication 19 February 2024). 

Susan Finder explains:
The SPC functions identified as most important in developing foreign-related rule of law are, first, policy-making and guidance of the lower courts; second, “law-making;” third, case hearing and selection; and fourth, coordinating and cooperating with central Party and state institutions. The characterization of the functions is original to this article. The non-case hearing functions are linked in some way to hearing cases and are ones the SPC has always performed. In contrast to most apex courts globally, the work of the SPC in supporting “foreign-related rule of law” is more focused on policy-making and influencing legal and judicial policies; providing guidance to the lower courts, what this article describes as “law-making”; and coordinating and cooperating with other central Party and state institutions, rather than making judicial decisions. * * *  The article concludes that the SPC’s foreign-related legal expertise, as shown by the Politburo’s November, 2023 collective study session on foreign-related rule of law, has become significantly more important to China’s political leadership and other central-level Party and state institutions. * * * As the SPC media often say, “the people’s courts are a highly political professional institution, and a highly professional political institution” (人民法院是政治性很强的业务机关,也是业务性很强的政治机关).

The summary does not do justice to the rich analysis in the full article (open access so easily accessible). Susan Finder provides a nuanced and exquisitely reasoned analysis of a Leninist judiciary operating in the "New Era" stage of China's historical development. That requires a subtle but important understanding of the judicial function in a political model  quite distinct in some ways from its liberal democratic  counterparts. That difference does not g to competence, but rather to the underlying political principles  within which the judicial function serves as part of the governance structures of the administrative apparatus of state under the leadership and subject to the guidance of the vanguard. In that sense, and in some ways reminiscent of the role of European constitutional courts, the Chinese high court fulfills a political role within the sensibilities and expectation of an institution crafted to decide disputes, and in the process to make rules through their application. But as a Leninist institution it does more.  It serves as well to fulfill its role within its competence to further the policy objectives set by the vanguard. As Susan Finder notes: 

As part of its vision to create a body of foreign-related law, the Chinese political leadership has placed significant demands on the judiciary. It seeks to make the Chinese judiciary more internationally influential, to give Chinese law a more important place internationally, and to enable the Chinese government, including Chinese judges, to influence the formation of international legal rules. (China’s Highest Court and “Foreign-Related Rule of Law,” p. 64).
And, indeed, that is the heart of the lesson--the SPC as a political-legal institution (one might argue that all apex courts are) but one the context of which is formed by Marxist-Leninist rather than liberal democratic sensibilities, principles, and working styles. The working through of those structures and practices in the context of foreign related rule of law provides a much need understanding of the movement of judicial function with much that may be transposed to the liberal democratic context. In the process the evolution of foreign related rule of law concepts and its engagement through judicial organs is marvelously explored (my own very brief thoughts here).

I am cross posting the essay below. The original ECLRH post may be accessed HERE. And as a plug for the marvelous work at the European Chinese Law Research Hub: if you have observations, analyses or pieces of research that are not publishable as a paper but should get out there, or want to spread event information, calls for papers or job openings, or have a paper forthcoming- do not hesitate to contact Marianne von Bloomberg.

 

China’s Highest Court and “Foreign-Related Rule of Law”

A new paper by Susan Finder
The main entrance of the Supreme People’s Court of China in Beijing Photo by Rneches

How does the Chinese political-legal system operate in the Xi Jinping era? This article published in the China Law and Society Review provides a detailed discussion of the poorly understood operations of the Supreme People’s Court (SPC) including its intricate interactions with central Party and state institutions, against the background of strengthened Party leadership. It provides insights into specific aspects of the Party’s leadership of the judiciary and its implications, usually unseen functions and operations of the SPC, and the link between Party policy, the judiciary, and the development of Chinese law.

I focus on the roles of the SPC in supporting “foreign-related rule of law” as an example of how the work of China’s highest court has evolved in the Xi Jinping New Era to support more robustly major national strategies. The article examines functions of the SPC little explored previously, because some are only partially transparent. I first summarize developments concerning the strengthening of Party leadership over political-legal institutions, because those have a direct and indirect impact on the SPC’s foreign-related judicial work. I highlight the greater focus on the SPC’s leadership’s fulfillment of political obligations and responsibility to the Party leadership. Providing appropriate judicial support for national strategies is an important way in which the SPC as a political-legal institution fulfills its political obligations to the Party leadership.

The SPC functions identified as most important in developing foreign-related rule of law are, first, policy-making and guidance of the lower courts; second, “law-making;” third, case hearing and selection; and fourth, coordinating and cooperating with central Party and state institutions. The characterization of the functions is original to this article. The non-case hearing functions are linked in some way to hearing cases and are ones the SPC has always performed.

In contrast to most apex courts globally, the work of the SPC in supporting “foreign-related rule of law” is more focused on policy-making and influencing legal and judicial policies; providing guidance to the lower courts, what this article describes as “law-making”; and coordinating and cooperating with other central Party and state institutions, rather than making judicial decisions.

First, part of the SPC’s role is to create, amend, and implement judicial policy in response to or in anticipation of the impact of changes in Party and state policy or other social, economic, or legal changes. One of the principal ways in which the SPC publicizes new or amended judicial policy is by issuing judicial policy documents. These documents guide and inform the lower courts about new or readjusted judicial policy and inform related central Party and state institutions about these developments. They also signal to the Party leadership that their initiative is being implemented. In some areas of law, the SPC leads the legal and judicial policy initiative, while in others, it provides its expertise when other institutions take the lead. The policy documents and any typical cases issued in addition to or in lieu of a policy document contain both political and substantive guidance intended to guide lower court judges both in frontline and leadership roles. These documents may not be cited in court judgments or rulings but may have an impact on judicial thinking.

Second, an important but less-understood part of the role of the SPC in contributing to the development of China’s foreign-related legal system is “law-making.” This characterization is meant to convey the SPC’s contribution to legislation described by the SPC as “actively cooperating with foreign-related legislation” (积极配合涉外立法), not as a formal assertion that the SPC makes law. This contribution takes several forms, not all of them formalized in law. The first type is provided by the Legislation Law which authorizes the SPC to submit legislative bills to the National People’s Congress (NPC), and the NPC Standing Committee. The second type is by drafting and issuing judicial interpretations, as authorized by the Organic Law of the People’s Courts and the Legislation Law. The SPC has the authority to issue meeting minutes (conference summaries) and similar documents which have a less certain formal authority but are highly persuasive in practice.

Two other types lack specific legislative authority but are important ways in which the SPC contributes to legislation, particularly foreign-related legislation: providing support to the NPC and the NPC Standing Committee when it drafts legislation; and providing support to the Ministry of Justice and other Party and state institutions when those institutions draft legislation that is eventually submitted to the NPC or the NPC Standing Committee. These two ways combine the SPCs indirect law-making role with its cooperation role. The extent to which the SPC participates in “law-making” in foreign-related matters is not entirely clear because related documents are made public sparingly.

The people’s courts are a highly political professional institution, and a highly professional political institution (人民法院是政治性很强的业务机关,也是业务性很强的政治机关)

Official SPC media channels

Third, the SPC decides some cases involving foreign-related commercial law and issues some cases as guidance, either as guiding or typical cases. It decides some cases relating to arbitration through an administrative procedure, others through retrial or second instance procedures, and others when certain selected SPC judges sit as panels of the China International Commercial Court. Additionally, the SPC issues cases as guiding, or more often typical cases as a form of guidance. The SPC occasionally issues guiding cases but more often issues typical cases to provide political and substantive guidance for the lower courts, sometimes linked to a policy document.

Fourth, one of the unrecognized functions of the SPC is coordination with other central Party and state organs regarding specific legal issues, based on bureaucratic custom. This work is only partially visible. The SPC has coordinated and cooperated with other central Party and state institutions on a broad variety of legal matters for many years, but it appears to be little discussed in English-language literature. The coordination and cooperation take a variety of forms, and which institutions and departments are relevant depends on the matter under consideration. For example, the SPC provides support to the Ministry of Foreign Affairs or other ministries that lead treaty or convention negotiations, such as the Ministry of Commerce.

The article concludes that the SPC’s foreign-related legal expertise, as shown by the Politburo’s November, 2023 collective study session on foreign-related rule of law, has become significantly more important to China’s political leadership and other central-level Party and state institutions. Its significance to the political leadership is in its work in creating a body of foreign-related law. Given that the Party leadership increasingly stresses political leadership of the courts and political competence of members of the judiciary, carrying out the functions described above requires SPC judges dealing with foreign-related matters to have both a high degree of political consciousness and technical expertise. Why? As the SPC media often say, “the people’s courts are a highly political professional institution, and a highly professional political institution” (人民法院是政治性很强的业务机关,也是业务性很强的政治机关).

Susan Finder is a long-standing observer of the Chinese judicial system with more than 30 years of experience. She is a member of the international commercial expert committee of the China International Commercial Court (CICC) of the Supreme People’s Court and on the committee of the Shanghai International Arbitration Center. The views expressed in this article are her own, not those of either institution. She is a Distinguished Scholar in Residence at the School of Transnational Law of Peking University (Shenzhen), where she teaches about judicial reform in comparative perspective. Her blog, the Supreme People’s Court Monitor, is arguably the most authoritative scholarly resource on developments around the People’s Republic of China’s highest court. Follow her on Twitter @SPCmonitor or get in touch per email at susan.finder[at]outlook.com

国家互联网信息办公室关于发布生成式人工智能服务已备案信息的公告 [Announcement of the Cyberspace Administration of China on the release of registered information on generative artificial intelligence services]

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 On 2 April 2024, The Cyberspace Administration of China announced the release of registered information on generative artificial intelligence services [国家互联网信息办公室关于发布生成式人工智能服务已备案信息的公告]. The Press Release explained:

促进生成式人工智能服务创新发展和规范应用,网信部门会同相关部门按照《生成式人工智能服务管理暂行办法》要求,有序开展生成式人工智能服务备案工作,现将已备案信息予以公告。提供具有舆论属性或者社会动员能力的生成式人工智能服务的,可通过属地网信部门履行备案程序,属地网信部门应及时将已备案信息对外公开发布,我办将在官网定期汇总更新,不再另行公告。已上线的生成式人工智能应用或功能,应在显著位置或产品详情页面公示所使用已备案生成式人工智能服务情况,注明模型名称及备案号。[To promote the innovative development and standardized application of generative artificial intelligence services, the cybersecurity and informatization department, together with relevant departments, has carried out the registration work of generative artificial intelligence services in an orderly manner in accordance with the requirements of the "Interim Measures for the Management of Generative Artificial Intelligence Services", and the registered information is now announced. Those who provide generative artificial intelligence services with public opinion attributes or social mobilization capabilities can go through the filing procedures through the local cyberspace department. The local cyberspace department should promptly publicly release the registered information. Our office will regularly summarize and update it on the official website. Further announcement will be made. For generative artificial intelligence applications or functions that have been launched, the use of registered generative artificial intelligence services should be disclosed in a prominent position or on the product details page, and the model name and registration number should be indicated.] (国家互联网信息办公室关于发布生成式人工智能服务已备案信息的公告).

Attached to the Press Release was the latest  "Generative artificial intelligence service registered information" [生成式人工智能服务已备案信息]. The list is worth a look.


High Season for the Business and Human Rights Treaty -- the Open-ended Intergovernmental Working Group (OEIGWG) on transnational corporations and other business enterprises with respect to human rights prepares for its 10th Session (Octiber 2024)

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 One can only marvel at the energy to which people (natural and legal; individual and collective) are capable of putting into an objective born, to some extent, of spite, or in the case of the work of the Open-ended Intergovernmental Working Group (OEIGWG) on transnational corporations and other business enterprises with respect to human rights, and the vanguard fueling its operations, the zealot's energy in restoring what they are convinced is the appropriate form of collective sanity of the international community by moving it back towards the unfinished work commenced before some of these drivers were born, of the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, U.N. Doc. E/CN.4/Sub.2/2003/12/Rev.2 (2003), and before that the Draft United Nations Code of Conduct on Transnational Corporations [1983 version].

The efforts are approaching middle age, by the standards against which such things are sometimes judged--almost a decade since the initiation of the process of undoing the grave error that was represented by the UNGP project and its deviation from the orthodoxy of public sector primacy, the imperium of 19th century law models (appropriately patched up to serve some purpose in the 21st century) and restore the world (or at least their world) to the sanity of the Norms project now written into some sort of international instrument. This description is not a criticism--it is merely the articulation of the observation that progress is ideological, and that ideological battles represent little more than the turning of the wheel for entrenched bureaucracies and elites. They, like the lifeworlds embedded in the ideologies form which the virtues and values of their realities are constructed and from out of which they judge the world around them, are little more than necessary objects in a much larger dialectic around which social collectives manage the boundaries of principles and values for the constitution of social relations (individual and collective) and the activities through which value is recognized, measured, and undertaken.

Longevity has proven to be a positive value for this treaty project.  Once seen as a sadly crude effort to revive the odd post-colonial rhetoric of the 1970s, its methods and objectives are more closely aligning with trajectories of changes in the management of social collective (again around a wheel of change): (1) the decay of political bodies and the relative growth in power of the administrative apparatus of large institutional actors (public and private); (2) the transformation of those administrative apparatus from managerial to techno bureaucracies, functionally differentiated among different activity fields; (3) the increasing suspicion of individual autonomy and decision making relatively (though relatively can be a broad or narrow space) free from a substantial amount of guidance and direction from higher forms of collective authority; (4) the embrace of notions that the highest purpose of mass collectives is to advance public purpose; (5) the deepening embrace of the premise that that state (and ts operating language--law) as some sort of collective representative and incarnation of the individual collective and exercising political authority, is the highest source of public purpose; (6) that this public purpose must be lead and guided through its techno-administrative organs; and (7) that this structuring of intra-systemic framework of social relations may be managed through the modalities of quality control--data based measurement against the ideal that public policy represents. 

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The EU Corporate Sustainability Due Diligence Directive provides a quite interesting manifestation of these trajectories--though its operational manifestation has yet to be realized. But at this stage that is less important than getting the narrative right, and aligning it with a set of ideological premises that, though not subject to the vagaries of popular politics, represents the consensus movement of those people, forces, and vanguards who count. It, like the efforts of OEIGWG and those collectives of eminent vanguard elements that came before them, continue, studiously, to seek the legalization of the market and its embedding within the construction of a collective order in which human rights (selected sometimes), including the effects of environmental degradation on such rights, without changing the scope of the obligations of states in their domestic legal orders or in their relationship to international law and norms as a matter of a law that  can be sourced internationally and applied autonomously to non-state human collectives. And in the process, it creates a system of human rights imperialism through which the vanguard can effectively project its vision from core political collectives to others. That works, of course. And it is a plausible basis for ordering social relations--as plausible as any. Yet, like the others, it appears to start at the end of a political discussion that appears not to have taken place--on the nature and authority of values to which a political community (not its vanguard) might discuss and embrace. Yet that is also plausible.  It was implicit in the religious notion of the prophet or designee of a divine source; it is explicit in the constitution of contemporary Leninist philosophy, and in the framing of modern techno-bureaucratic leadership structures.

Pix credit here
And thus back to the OEIGWG and its continuing trek to something that finally will sate the rage that came with the abandonment of the ideologies and modalities of the Norms project. In preparation for its 10th Session, the OEIGWG have announced the current iteration of the carefully orchestrated performance of consultation and movement toward the  inevitable end of the project and its presentation of a treaty draft to states. Its "Proposed Roadmap Toward the 10th Session of the OEIGWG" (March 2024) and the Notice of Consultation follow (on the performative aspects of this form of engagement, see here, here, here, here, here, here, here, here, and here.

These follow below. Like many, I look forward to the end of the beginning of this International Instrument for the Regulation of Business and Human Rights. The politics of managing that final draft toward its ultimate goal will bring into sharper focus the clashes of ideologies, values, perspectives--especially as they touch on development, human rights, sustainability, and their intersections. But most important, it may start a very needed conversation--hopefully open and transparent--about the nature of individual autonomy, the extent of the authority of the state to manage that, and the role of economic activity within that broader discussion. 





Asser Institute Center for International and European Law: [Spring academy] Technologies of sustainability due diligence: Digital tools and global value chain regulations

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I am delighted to pass along information about the Asser Institute Center for International and European Law 2024 Spring Academy: Technologies of sustainability due diligence: Digital tools and global value chain regulations. It takes place 08 - 12 April 2024 at T.M.C. Asser Instituut, R.J. Schimmelpennincklaan 20-22, 2517 JN The Hague, Netherlands. It aims help participants develop a comprehensive understanding of the opportunities and challenges in using digital technologies in the framework of the corporate sustainability due diligence process.

Registration link HERE

undefinedGreat thanks to the coordinators:

Antoine Duval, a senior researcher at the Asser Institute, and the coordinator for the research strand on transnational public interests: constituting public interest beyond and below the state

 Klaas Hendrik Ellerundefined, an Assistant Professor at the Amsterdam Center for Transformative Private Law (ACT) and affiliated with the Sustainable Global Economic Law (SGEL) research project. 

 

 

 

 This is how the Coordinators describe the purpose and goals of the 2024 Spring Academy:


A front-runner academy on sustainability due diligence
Since 2019, the Asser Institute offers a week-long academy on the theory and practice of sustainability due diligence as master key to responsible business conduct. The academy features expert lectures from academics in the field and practical sessions led by experienced practitioners from both the private and public sectors. Over the past five editions we have trained more than 100 participants from all around the world, who are contributing in the public and private sector to the implementation of the sustainability due diligence revolution. In 2024, we’re offering a newly developed edition of the spring academy dedicated to the technologies of sustainability due diligence. Practitioners and academics will critically reflect on the role of digital technologies in the governance of global value chains through the sustainability due diligence process.

Increased integration of technologies in due diligence process
Large European companies are increasingly subjected to a legislative mandate to conduct sustainability due diligence to ensure that their activities are not linked to adverse human rights or environmental impacts. After the EU’s biggest economies, France and Germany, it is now the European Union, which stands at the cusp of adopting an EU-wide sustainability due diligence mandate, which would apply also to some non-EU based companies.

Meanwhile, in recent years we have seen many companies integrating digital technologies such as artificial intelligence, data mining, blockchain, digital survey tools, to fulfil their obligation to implement a sustainability due diligence process. The Asser Institute, with its report commissioned by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) on big data technologies and sustainability due diligence, has been at the forefront of engaging with these developments. Building on our research in this area, the spring academy will gather leading academic thinkers and cutting-edge technological entrepreneurs to equip our participants with the necessary theoretical and practical skills to navigate and critically engage with the growing practical role of digital technologies in the implementation of the due diligence process and the regulation of global value chains.

Concretely, the training will blend theory and practice through a combination of lectures delivered by academics and workshops with practitioners aimed at explaining the function and functioning of specific technological solutions in the context of the due diligence process.

Download the latest version of the full programme

 Participants and links to the course video follow below along with information about fee waivers for outstanding master students and PhD candidates.

 

Download the latest version of the full programme

Confirmed speakers:


NEW PUBLICATION Access to Remedy in Cases of Business-related Human Rights Abuse: An Interpretive Guide

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The Office of the High Commissioner for Human Rights has announced distribution of a new publication emerging from the OHCHR's excellent Accountability and Remedy Project (ARP). It is entitled Access to Remedy in Cases of Business-related Human Rights Abuse: An Interpretive Guide.

 This from the Press Release:

This interpretive guide provides additional background explanation on the principles of the access to remedy pillar of the Guiding Principles so as to support a full understanding of their meaning and intent. It aims to equip all actors, whether specialist or non-specialist, with the knowledge and insights needed for more productive engagement and advocacy in relation to access to remedy for business and human rights harms in a wide range of contexts.

This is an advance version of the guide; a professionally designed and translated version of the guide will be published as soon as it is ready.

The publication is highly recommended as are the other ARP publications.

 


[Online lecture] “You can’t stop the signal”: From the past to the future of digitally mediated sustainability due diligence?" (8 April 2024) 1630 CEST Asser Institute Spring Academy

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 I was delighted to have been invited to participate in the Asser Institute: Center for International and European Law & University of Amsterdam Law School-[Spring Academy] Technologies of sustainability due diligence: Digital tools and global value chain regulations which takes place in The Hague,  Netherlands from 8-12 April 2024. My great thanks to the organizers, Antoine Duval, and  Klaas Hendrik Eller.

My task is to deliver remarks (online) to end the first day of the Spring Academy. Entitled “You Can’t Stop the ‘Signal’: From the Past to the Future of Digitally Mediated Sustainability Due Diligence” the object is to take a deep dive into the role of tech in emerging sustainability due diligence systems, and at the same time to consider the role of such systems in big data tech systems. My object is to consider the issues and direction of development when two platforms with different operating systems interact. 

The short summary I prepared fleshes out the themes I hope to cover:

Regulatory governance is well within a process of transformation from a managerial system deeply embedded in the classical model of the rule-of-law state grounded in positive (or customary) law pronounced by an authoritative body clothed in the legislative power, to the world of the panopticon and the disciplines. Social relations and the institutions that support them are moving from physical to virtual spaces, from markets to platforms, and from managerialism to techno-bureaucracies. Within these techno-bureaucracies administrators articulate norms and objectives which are translated by coders into generative systems that then undertake their development and application. The transformation becomes decisive as language, standards, and operations become opaque to non-specialists and extra-administrative accountability weakens. That movement is at the heart of the operationalization of technology enhanced due diligence in the field of business and sustainability (including human rights). These remarks consider the role of technology in the evolution and application of sustainability due diligence systems. That evolution and the shaping of the role of tech within it, is being undertaken within broader changes to the normative and regulatory landscape of collective human social relations. These include (1) the movement toward alignment of public policy and private activity (especially in the context of economic activities); (2) governmentalization of private sector activity; (3) the rise of compliance based accountability (quality control) governance; (4) the revolution in the normative valuation of human rights and sustainability as both a set of culturally superior expectations and legal requirements; (5) the revolution in the methods of assessment and accountability; and (6) the migration of these functions from the realms of human-centered textualist language-consciousness to coded data centered systems of assessment against ideals, both of which may be managed by generative intelligence. That is the “signal” for which technology is both essential and essentially transformative. Each will be considered in turn in the context of sustainability due diligence. 

More about the event HERE. Registration for the event is FREE and may be accessed HERE [https://www.asser.academy/register/DD8Apr2024]

The TEXT of the Remarks along with the PowerPoint follow below. They can also be accessed online: ACCESS REMARKS HERE; ACCESS PPT HERE.

 

[Online lecture] “You can’t stop the signal”: From the past to the future of digitally mediated sustainability due diligence? - a lecture with Prof. Larry Catá Backer[1]

 

Asser Institute:  Center for International and European Law & University of Amsterdam  Law School--[Spring Academy] Technologies of sustainability due diligence: Digital tools and global value chain regulations

8 April 2024

 

 

 

Executive Summary: Regulatory governance is well within a process of transformation from a managerial system deeply embedded in the classical model of the rule-of-law state grounded in positive (or customary) law pronounced by an authoritative body clothed in the legislative power, to the world of the panopticon and the disciplines. Social relations and the institutions that support them are moving from physical to virtual spaces, from markets to platforms, and from managerialism to techno-bureaucracies. Within these techno-bureaucracies administrators articulate norms and objectives which are translated by coders into generative systems that then undertake their development and application. The transformation becomes decisive as language, standards, and operations become opaque to non-specialists and extra-administrative accountability weakens. That movement is at the heart of the operationalization of technology enhanced due diligence in the field of business and sustainability (including human rights). These remarks consider the role of technology in the evolution and application of sustainability due diligence systems. That evolution and the shaping of the role of tech within it, is being undertaken within broader changes to the normative and regulatory landscape of collective human social relations. These include (1) the movement toward alignment of public policy and private activity (especially in the context of economic activities); (2) governmentalization of private sector activity; (3) the rise of compliance based accountability (quality control) governance; (4) the revolution in the normative valuation of human rights and sustainability as both a set of culturally superior expectations and legal requirements; (5) the revolution in the methods of assessment and accountability; and (6) the migration of these functions from the realms of human-centered textualist language-consciousness to coded data centered systems of assessment against ideals, both of which may be managed by generative intelligence. That is the “signal” for which technology is both essential and essentially transformative. Each will be considered in turn in the context of sustainability due diligence. 

 


 

 

Good day everyone.  I want to start by offering with great thanks to Antoine Duval here at the Asser Institute and Klaas Hendrick Eller, at the University of Amsterdam, for their  most gracious invitation to offer these remarks  with which to end the first day of this Spring Academy on Technologies of sustainability due diligence: Digital tools and global value chain regulations. I regret not joining you there in person this year—the program is spectacular and the speakers  brilliant.

 

The title of my remarks today, ‘“You can’t stop the signal”: From the past to the future of digitally mediated sustainability due diligence?’ reflect the enormity of the task that Antoine and Klaas have set for me this afternoon. Before I get to the substance of these remarks, it may be useful to briefly describe the ordering concepts that frame the analysis that follows.[2]

 

The first ordering concept  draws from the reference in the title to “the signal,” is to the now ancient 2005 movie Serenity.[3] More specifically to the insights offered by the intergalactic hacker, Mr. Universe, in decoding the subliminal messaging that triggered engineered behavior in River Tam, the human childlike central character.  

 

[Mr Universe:] “There is no news. There's the truth of the signal. What I see. And, there's the puppet theater--the Parliament jesters foist on the somnambulant public. . . Can't stop the signal. . . Everything goes somewhere, and I go everywhere.”

 

The signal, sometimes also known as flow, is a central concept that is meant to capture the essence of the dual projects around which my remarks revolve: on the one hand the machinery and output of the sustainability due diligence project; and on the other the output that gives form to big data tech in its descriptive, predictive, and generative forms. The concept of the signal-flow captures the abrupt change in orienting lens produced through the operation of these two activity platforms. Both make it necessary to move away from a focus on structure (the machinery) to output.

 

The machinery is static; output is iterative, contextual, and not rooted in space, place and time. The machinery shapes the output; but output can affect the machinery—for example as a consequence of the quality of the inputs, or through wear and tear. That concept is distinguished from the more traditional concept that embeds people in time, but that human institutions and collective ordering realities exist out of or outside of time. Crudely, it is the difference between understanding an enterprise by focusing on its balance sheet (the instant) or on its income statement (the record of flow from one instant to the next).

 

The ordering concepts of “signal” and “flow”, then, is meant to help explain “why it is” and “how I mean” to  unpack the flow from the past to the future of digitally mediated sustainability due diligence.

 

The second set of ordering concepts then focuses on the of sustainability due diligence, big/data tech, and the router/platforms functions that bridge them. On one side one encounters the modalities, expectations, practices, constitution, and legalities built around the development of productive forces in collective social relations. More specifically, one focuses on the larger social collectives organized around the exploitation of labor through capital to produce and consume objects of value. Most specifically, one encounters efforts to manage those behaviors against a set of norm-ideals through systems of “diligence.”

 

On the other one engages with virtual simulacra of the behaviors of productive forces in collective social relations. More specifically, one moves from production in collective social relations to their technologies, both in-itself and as an object-instrument and a consumable in the production of something of value to humans and human society.  That itself is a reductionist term referencing new tech that are digital and virtual. Digital commonly references exploitable productive forces relating to or utilizing electronic or computerized technologies. But it also references itself—that is the means –data—by which it is possible to activate digital tech for some purpose or other. Virtual commonly is understood as a thing, process or being simulated on a computer or computer network, that is something without a physical form though it may have physical effects. Their home spaces and meeting places are platforms—virtual or physical—in which producers and consumer meet, and includes platforms where platforms interact.  When set in motion, this all becomes an aspect of the phenomenology of the human encounter with itself and its tools as productive forces.

 

That leaves the third and last of my ordering concepts—the transforming lifeworld (Lebenswelt) or imaginaries of governance in liberal democratic and Marxist Leninist systems, with a focus on the former. To those ends I will undertake the alignment of the physical and virtual manifestations of these two semiotically charged movements within the sphere of collective human social relations.  This last set of ordering concepts contextualizes the platform systems of diligence and tech within the larger systemic transformations of desire and expectation in the operation of institutions of social relations in public and private institutions. In the spirit of what is to come, it might be more useful to think of this, to borrow loosely from Niklas Luhmann and Gunther Teubner, as the structural interpenetration of functionally differentiated platforms whose virtual and physical manifestations are now colliding or aligning in new and interesting ways.  Or maybe more useful still and in the style of that now ancient movie, Ghostbusters,[4] to do the unthinkable in the face of the gods of revolutionary transition: to cross the streams of the of the signals emitted in the fields of regulatory compliance in economic activity and the constitution and control of big data descriptive predictive and generative tech, and hope that nothing blows up in the process.

 

That brings me back to Mr. Universe. He represents or signifies the central insights I hope to speak to in these remarks. It is this: the role of technology in the evolution and application of sustainability due diligence systems--and the role of sustainability due diligence in the evolution and shaping of tech—have three fundamental characteristics.

 

The first is that the interactive and dialectical processes of these operating systems are incompatible in the sense that one system is analog (“diligence”) and the other a digital (system; two-way bridges are necessary to effect productive inter-penetration.  .   

 

The second is that these two-way bridges are built on the trajectories of macro changes to the core premises and operations of collective social relations; these are creating points of convergence in norms and expectations of social sub-systems—big-data tech and economic behavior expressed through signification of  ”diligence.”

 

The third is that the dissonance produced by the interpenetration of analog (“diligence”) and digital (big-data tech)  platforms produces a dynamic environment in which every instance of application affects the system and its applications; digitally mediated diligence becomes a site of plural inter-subjectivity.  

 

To elaborate these points I first briefly consider the trajectories of sustainability due diligence. The object is to get a better sense of the underlying normative and governance movements that both give sustainability due diligence its form and norms, and within which the challenge of compliance is rooted. Second, I also briefly unpack the trajectories of tech. In this case those forms of digital and virtual technologies that make big data descriptive, predictive and generative analytics possible. Within that I also consider the underlying movements that both lust for greater development and that, out of fear of those lusts, also desires to constrain and shape  its forms and norms., I will then put them together from a systems perspective to suggest consequences, implications, and working styles. These collisions and alignments bring us home to the mutual dialectics of their meeting. With this it may be possible to glimpse at the promise and challenges of the future.  I conclude with observations about the reactionary and revolutionary aspects of this structural coupling of autopoietic systems with a taste for projection outward.

 

1.From Corporate Social Responsibility Through Responsible Business Conduct to Sustainability Due Diligence.

 

The impulse to due diligence in the fields of human rights and sustainability blends two  streams of development in the 20th century that touched on the regulation of markets and market behaviors. The first was a response to the global depression of the 1930s and was grounded in classical public law measures. It focused on disclosure regimes (and related due diligence) in connection with transactions ins securities. Its object was to stabilize and protect financial markets. The second represented a mostly judicial, though in some places also statutory, response to risk allocation and management in caveat emptor regimes of private law arrangements between actors.  It produced legal standards for determining when and the consequences of engaging in or failing to conduct investigations under certain circumstances. One relevant example from the United States focused on the availability of veil piercing remedies.

 

These were then transposed in the early 21st century to the discourse, and eventually the text, around the human rights responsibilities of economic actors. Introduced in the early years of the mandate of the SRSG John G. Ruggie, human rights due diligence became the core of the system for the realization of a markets driven and essentially privatized corporate responsibility to respect human rights. As early as the 2007 Reports to the UN Human Rights Council, the SRSG noted the relevance of the mechanism and its relationship to environmental due diligence. At the same time the fundamental object of these disclosures (prevent or mitigate harm) was augmented by its transformation into a positive duty. That is the object of due diligence was transformed into a tool for risk mitigation the obligation of which rested on the entity. Eventually it was further augmented by the addition of sustainability and climate change objectives—viewed, as always, through the lens of human rights. Beyond the soft law of the UNGP, and its cousin the OECD incorporation into its Guidelines for Multinational Enterprises after 2011, due diligence continued to expand, in form and spirit, to assume a role as a generalized duty to investigate within compliance and risk reduction principles.

 

In its modern forms, then,  one encounters sustainability due diligence in one of two forms—one essentially private law based and markets driven with a compliance overlay; the other public law based and driven by the imperative to align public policy goals of the state with the behavior expectations and outputs of markets and the institutions that operate in them.

 

The private forms of structuring due diligence have largely been developed for the market by third party providers, and sometimes  captured by international organizations within the UN system. An influential example of the private forms of structuring are the human rights due diligence provisions of the UN Guiding Principles for Business and Human Rights (UNGP). Though the product of international organizations, its due diligence process was intended to serve as a behavior systems in markets and articulated in the private law of the enterprise. The system is capped by UNGP Principle 16’s direction to develop a “tone at the top”  policy commitment divided into five key elements, the most important of which is the extension of the obligation  from the enterprise to other parties directly linked to its operations, products and services. 

 

As I describe it in my commentaries on the UNGP at greater length,[5] the UNGP’s human rights due diligence process, elaborated in UNGP Principles 17-21,  constituted a critical subpart of the corporate responsibility to respect human rights. Principle 17 provided the framework which was then more fully developed in the Principles that followed. The Principle articulates the purpose of HRDD, to “identify, prevent, mitigate, and account for” the way in which an enterprise addresses adverse human rights impacts. It sets out the scope of HRDD around the tasks of  assessing actual and potential adverse human rights impacts. And it identifies the core elements of an HRDD system:  (1) assessing impacts; (2) integrating and acting on findings; (3) tracking responses; and (4) communicating how impacts are addressed. The “identify and assess” obligation extends to actual or potential impacts. The “integrate and act on findings” obligation is elaborated as a function of the “prevent-mitigate-remedy” hierarchy in decision-making; and the “take appropriate action” obligation  depends on the character of causation, distinguishing between direct causation and impacts caused by ‘directly linked’ entities. It introduces the concept of leverage in contract relationships. The UNGP also introduces mitigating and timing principles. Principle 23 provides a rule of compliance hierarchy (compliance with applicable law, respect for international law-norms). It also provides a balancing principle where corporate obligations conflict. Lastly Principle 24 touches on prioritization, It makes clear that all impacts must be addressed. Severity provides the basis on which to decide whether an impact is to be prevented, mitigated or remedied.

 

Principles 17-24, then, provide the meta-structures of HRDD in a way which, in retrospect, are framed in fairly easily codable instructional forms. In particular, HRDD systems are not snapshots but rather signal—or in the language of the UNGP they are meant to be ongoing with a sensitivity to the premise that human rights risks change over time. The Principles depend on a steady flow of data to operationalize the diligence system effectively, and it requires a constantly contextually dependent analytics for assessment of impact, effectiveness of system, and forms of action.

 

The public forms of structuring due diligence have largely been a European (and to a lesser extent a Chinese Leninist) project. A likely influential example of the public forms of structuring are the French and German supply chain due diligence law and now the EU Corporate Sustainability Due Diligence Directive (CS3D).  CS3D directs EU Member States to transpose into their domestic legal orders a complicated set of rules built around the premise that companies to which it will apply (and eventually all companies through cram down effects) must identify, assess, and respond to adverse impacts caused by economic activities. All of these terms are defined. To those ends, companies are required to do two things.  First they must develop and operate systems of due diligence, the object of which is to identify, assess and respond to adverse sustainability impacts. Second, they must act positively to prevent, mitigate and remedy such adverse impacts as they affect human beings directly, or indirectly through environmental degradation (including climate related degradation). These are also defined in the CS3D.

 

CS3D is built around the conceptual framework for such systems developed by the Organization for Economic Cooperation and Development (OECD) over the years since the endorsement of the UNGP. These enlarge on the HRDD system elaborated in the UNGP in the form of six critical steps: (1) integrating due diligence into policies and management systems; (2) Identifying and addressing adverse human rights and environmental impacts; (3) Preventing, ceasing or minimizing actual and potential adverse human rights impacts; (4) Monitoring and assessing the effectiveness of measures; (5) Communicating; and (6) Providing remediation. Action and impact is to be ordered around concepts of severity and immediacy. And the system privileges prevention (risk aversion principles) rather than compensatory principles. 

 

What makes CS3D different from private systems, like the UNGP, follows from the nature of contemporary legality. The CS3D attempts to build, in the European manner, a coded and functionally differentiated self-referencing system. It is one that contains all one needs to know to build and operate responsive systems.  Its power derives from its detail. Everything is defined. Nothing is left to exercises of autonomy outside of the control of the techno-bureaucracies established to ensure systemic integrity. That, anyway, is the goal. The UNGP provides principals and structures and leaves systemic evolution to contextually based application. There is substantially more room for variation.  

 

In a way, one might think of the UNGP as the development of values systems; where CS3D is, effectively, coding for human social interactions overseen by human techno-bureaucracies steeped in the meaning and managing of the textual coding (regulations, interpretation, application, assessment, and punishment).  Yet both lend themselves to, and feed on, data driven analytics operating at speeds that defy the capacities of the human individual or human collectives.  The critical insight, though, is that both lend themselves to coding; and coded big data descriptive and predictive systems can be operated  by generative programs.

 

2. From the Technologies of Monitoring, Accountability, and Assessments to Big Data Descriptive, Predictive and Generative Analytics.

 

The due diligence described in the UNGP’s soft law framework and in the EU’s CS3D both lend themselves to digitalized and virtual tech-based administration.  They require complex, data rich analysis  of decisions from the most general to the most specific.  And indeed, the market has responded to the need., supplying “off-the-rack” or bespoke programs to suit the taste of every buyer—including the state. Data driven decision making requires humans, certainly—at least for now.  But it also requires powerful tools to align data with standards and compliance obligations.  That need multiplies where a corporation must navigate more than one set of due diligence standards and their compliance based decision making and reporting.

 

Indeed, as noted in the 2023 report, The Potential of Big Data Technologies for the Human Rights and

Environmental Due Diligence Process,[6] in the development of which Antoine Duval played a leading role, the interpenetration of sustainability and big data tech appears irresistible. That report notes three classes of efficient interpenetration. The first touches on mapping upstream and downstream supply chains—a critical element already necessary given the trajectories of European national and EU regulation. The second suggests big data tech as having a crucial role to play in the effective  functioning of detection and assessment of adverse impacts. This is the heart of both UNGP, national, and CS3D systems. Third, big data tech is vital to the structural coupling of private actors with compliance responsibilities and the public techno-bureaucracies  that manage that compliance.

 

Yet even as economic activity has been aligned more closely with public policy, and the scope of its potential managed by values based ideological constraints, descriptive, predictive and generative programs have also been subject to a similar set of regulatory pressures.  The 2023 Big Data Tech Report also noted the risks of structural coupling, risks inherent in the generative biases and operating premises of the two platforms. These go to the effectiveness of the tech, and, more importantly, to the question of whether tech-based uses themselves might cause or become adverse human rights and sustainability impacts. In effect, coding for the biases of one platform may create error signals in the other. Either both must be adjusted or hierarchies of contextually based rights must be created. Or the differences in  values, as applied, fueling their respective structures must be reconsidered.  The 2023 Big Data Tech Report offers privacy and stakeholder engagement as examples. But there are others—the environmental degradation of power consumption necessary to operate big data tech is another.  And another still are the human rights and environmental impacts of creating and maintaining the objects within and through which big data tech can operate.

 

Let’s consider as an example of the type, the rough parameters of the EU Artificial Intelligence Act (EU-AIA). It is important, not only in its own right but as the basis for European efforts to push out a Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law along the same lines.

 

In a 2021 Explanatory Memo, EU officials explained that the regulatory framework of EU-AIA would be bent toward realizing certain core objectives, among them the following: (1)  ensuring that AI systems placed on the Union market and used are safe and respect existing law on fundamental rights and Union values; (2) ensuring legal certainty to facilitate investment and innovation in AI; (3) enhancing governance and effective enforcement of existing law on fundamental rights and safety requirements applicable to AI systems;(4) facilitating the development of a single market for lawful, safe and trustworthy AI applications and prevent market fragmentation.[7]

 

EU authorities have embraced the premise that they (or some other human institution) can effectively control the creation and characteristics—the formation and evolution—of descriptive, predictive, and generative programs. This is undertaken by the time honored efforts to suppress  use by defining the limits of acceptable development and thereby also inadvertently defining the spaces where “irregular” development may occur free from the regulatory oversight of compliance oriented public and private techno-bureaucracies. What is suppressed include: (1) biometric categorization systems that use sensitive characteristics (e.g. political, religious, philosophical beliefs, sexual orientation, race); (2) untargeted scraping of facial images from the internet or CCTV footage to create facial recognition databases; (3) emotion recognition in the workplace and educational institutions; (4) social scoring based on social behavior or personal characteristics; (5) AI systems that manipulate human behavior to circumvent their free will; and (6) AI used to exploit the vulnerabilities of people (due to their age, disability, social or economic situation).

 

Some of these normative taboos are meant to protect the current state of EU human rights and constitutional principles, especially for example, the restrictions on biometric information that crosses ideological boundaries on politically sensitive classes of data. Others serve to reject contemporary Marxist-Leninist approaches to the nudging of behaviors through so-called social scoring mechanisms, including emotion recognition  (for example Chinese "social credit") systems. These are going to be much harder to actually implement given the insatiable appetite in the liberal democratic camp to use a variety of semiotically powerful modalities to nudge behaviors. But that also suggests the power of critical disruptors in the efficient management of tech-fueled sustainability due diligence where both due diligence and the tech systems used to operate them are heavily regulated within bias privileging values systems. Unless a compliance techno-bureaucracy can effectively monopolize and control value systems, and the coding of such systems in programs,

 

And then there are the exceptions, limitations, and interpretations built into static regulatory systems (that is, text based legalities) through which institutions seek to manage, in this case at least, two interpenetrated operational platforms (due diligence and descriptive-predictive-generative programs) whose dynamic development reduces those static legalities to irrelevance over time.  Indeed, one already sees in the limitations of the restrictions on emotion recognition technologies (to workplaces and schools) a concession to its obliquity in the marketplace and in the marketplace of ideas (including those of interest to the state). Another limitation appears to restrict the restriction on European social credit systems ONLY to "scoring based on social behavior or personal characteristics." That produces a tension, for example, between the openness of emotion recognition, and the prohibitions against “AI systems that manipulate human behavior to circumvent their free will." Ironically, of course, sustainability has as an object that very goal: to manage human behaviors toward the embrace of certain values and conduct.

 

Indeed, yet to be determined are the limits to the prohibitions. It raises the question about what in the field of social relations does NOT manipulate free will. There is nothing in the emerging regulation that suggests that AI may not be used to manage the circumstances against which free will can be curated for individuals or classes of humans identifiable by certain characteristics or predilections.  Managing circumstances and the conditions around which "will" is exercised can be a quite powerful field for AI application--from traffic patterns to just transitions.  The battles over the meaning and application of "manipulation" will consume much human capital.

 

 

3. The Conjunction of Sustainability Due Diligence and Big Data Analytics: The Environment of Social Relations

 

It follows, then, that there is more here than meets the eye, especially where one speaks to the interpenetration of two distinct platforms with distinct orienting values, structures and constraints. Both appear to share a connection to larger changes which affect them even as they affect the pathways of those changes. Combined with the happy alignment of three important trends:

 

(1) civil-society-based objectives to legalize the 2nd pillar corporate responsibility to respect, 

(2) state-based ambitions to recast liberal democracy away from its 18th century roots in electoral  representative democracy driven by popular elections toward an operational level system of techno-bureaucratic guidance of societal collective assets (including economic actors and their institutions), and 

(3) the transformation of the largest collective economic enterprises into private law based administrative platforms already adapting both to the operational sensibilities of public administration and embedding a privatized public policy within their own operations.

 

it became possible to think in more concrete terms about the structures of the platform necessary to effect transformation embedded within evolving normative expectations. And it becomes plausible to embed them in tech-enhanced compliance systems.

 

Whatever one thinks of the substantive value or the deficiencies of the current form of the CS3D or the UNGP for that matter, both together and in their own sectors, comport with the vision for administered economic activity through markets  that  now must incorporate public policy objectives--in this case touching on human rights and sustainability. And those public policy objectives must be guided under the leadership of a techno-bureaucracy under law. That was the central point of EU President Ursula van der Leyen's remarks at Davos.[8] In a sense CS3D and the UNGP put that viability of vision to the test. At the same time they each, in their own way, represent another step in the transformation of European liberal democracy from a 19th century sensibility centered on the direct relationship between law and its object, to one in which the command of law is to be mediated by an administering bureaucracy that becomes a critical element in the dialectics of public policy. The movement is substantially inevitable; it might best be managed through small steps undertaken within the umbrella of a three tiered legality of international-EU-national law structures within the field of human rights. Both take their forms and represent the development of substantial changes in the values and expectations of institutional actors  especially (but not only) in libera democratic states.

 

More generally, and with respect to its implications for core movements in fundamental premises about governance it is possible to tease out five governance trajectories that give form and content to both due diligence and big data tech platforms.  

 

First is the general trend within liberal democratic political orders to deepen the scope of the governmentalization of the private transnational sphere through multinational enterprises. This trend appears to be the answer to the initial challenge posed by John Ruggie as he sought to produce a framework for business and human rights--the core problem of governance gaps in a world legal order in which national law tends to be constrained by the territorial character of sovereign authority. Professor Ruggie proposed a markets driven answer in the form of the corporate responsibility to respect human rights  operating in tandem with the formal and legal realm of state duty to protect human rights. States have found it easier to constitute the multinational enterprise as an extension of national territory--including by reason of control relations, all of those foreign legal persons resident or operating abroad. 

 

Second, are the collateral effects of this process of governmentalization--of transforming the multinational enterprise from an economic organ to an organ through which state power may be applied directly.  One of the most interesting is the acceleration in the transformation of the character of corporate or enterprise governance. Increasingly governmentalization, within a framework of risk version incentives wrapped around concepts like prevent-mitigate-remedy, appears to be changing the working style of multinational enterprises, so that they increasingly adopt the sensibilities and operating style of administrative agencies. That regulatory authority may not be identical to the authority that might be exercised by public regulatory bodies, but the operation of the MNE as administrative agency, a hyper-charged technocratic space,  remains the same, and in that sense extends and internationalizes the reach of host state administrative organs.   

 

Third, touches on the double role now assigned to private economic actors. They serve as the instruments of economic activity representing large numbers of aggregated productive forces--and at the same time they serve as the private sector administrative organ of the state that assumes oversight of the enterprise and can hold them accountable (through public elected and administrative bodies). The MNE then serves as the administrative regulator of a double delegation.  The first is a delegation of regulatory responsibility for the state; the second is the normative regulatory objectives represented by international norms (that might or might not be incorporated into the domestic legal orders of the states asserting oversight power).  That double delegation is mimicked in the relationship of tech to diligence.

 

Fourth, related to consequences. One involves regulatory and administrative competition.  For every assertion of national legislative power there is the possibility of blocking legislation. Another comes in the form of inconsistent or in the extreme incompatible administrative delegations.  These inconsistences are enhanced when they reflect and are reflected in inconsistent values systems. Not everyone shares the same world view, expectations, and experiences of those brought up among the best that Berlin, Paris, or New York can offer those with means enough to enjoy them. They also contribute to enhanced  regulatory burdens of MNEs (and strategic responses) as well as  the sort of regulatory incoherence that requires big data tech to mediate. Certainly proponents of a thousand legislative flowers blooming take comfort in the expectation that variations will be minor and eventually there will be convergence. Big data tech management may create movement in that direction—or make more likely the opposite result.   

 

Fifth, the clash of orienting premises ensures the normative obsolescence built into legalities grounded in static orientations against the flow at the heart of compliance based data flow diligence systems. For big data tech that suggests two outcomes.  The first is that generative systems will increasingly serve as another element of the techno-bureaucracy, along with state and private institutional persons. The second is that hyper-detailed legalities will only serve to make it increasingly impossible for humans to understand, grasp, and apply them without the aid of generative programs. That applies not just to due diligence systems, but to the operating of systems through which they are managed by law: judges, prosecutors, quality control personnel and the like. In this sort of complex environment, law making will form part of a seamless iterative and inductive universe of value-rule-response-application-revision. Dialectics and politics will remain self-referencing but its pathways will be virtual, and the scrum master (natural or virtual) will be king. 

 

 

4. The Conjunction of Sustainability Due Diligence and Big Data Analytics: Mediating Operating Systems.  

 

That brings us from the present to gateways that lead to the future.  Let me suggest compatibility challenges inherent in the bridging of corporate compliance with big data digital and virtual modalities. The issue is part of the larger problems of bridging or mediating, and linking, analog and digital structures and ways of approaching engagement with the world. In the case of corporate compliance in the form of sustainability due diligence, our example today, one mediates between fundamentally incompatible structuring platforms. Corporate operations, corporate compliance, and the techno-bureaucracies that tend to both, are essentially still analog institutional forms. Big data descriptive, predictive and generative processes and their products are digital and virtual. That presents challenges for the future that we have barely begun to recognize, much less develop a language around which any sort of intelligent communication is possible.  Using the language we have—an ancient analog model using tonal inflections and pictures of symbols that translate into text  from which meaning might be extracted by applying communal meaning rules—one can identify the immediate problems in search of solution. . . or something.

 

The first includes the challenges of translation.

 

The analog is structured through norms, rules, presumptions that are elastic, though when expressed as text constructs the modern static edifice of legality for a political collective; the digital is programmed; though it too can be constituted in a way that can generate form, the inductive and iterative character of programs ensures that the flow rather than a particular iteration serves as the core output of the system. The analog is an exercise in the qualitative that is implemented through acts of carbon life form based discretionary acts. The digital is a program the input of which is data and the output of which is governed by the analytics of its programing.  It is made in the image of its creator, to be sure, including all of the foibles that make carbon based life human. This is an old problem in new garb. There was a time when civil society cultivated an aversion to hard quantitative data; the case study, the story with the imagery to manage sentiment in appropriate ways served as the analytical formula par excellence. It is from the single that one can generalize on the principle—“if one, then many.” The drudgery of data was marginally valuable. That was aided by the secondary principle of micro-materiality—even the smallest impact ought to be treated as the most severe. But the amalgamation of prevent-mitigate-remedy principles with severity principles opens the analytical and decision making doors to human rights relativity grounded in values calculated as a function of time, place, and space. At heart, this is essentially a quantitative exercise; something that civil society and rights absolutists an only react with horror.  Horror, too, can be programmed.

 

The analog transmits in words and sounds and visual effects, it is grounded in the senses of the physical world centered on humanity; the digital is code; the digital transmits as a manifestation of code  in relation to its input and analytics and is grounded in the capacity for conversion of instruction (object) into a representation (its signification) in a virtual landscape.  The analog is the word of written rules, statutes and constitutions (even where one can, U.S. style, drive an interpretive truck through its text); it is incarnated in a direct relationship between the senses of the recipient and the modes of transmission of its sources. The digital speaks the language of code.  It is the coder and the scrum master, the modeler and the analyst that create the environment in which stimulation is administered.  The digital is the language of compliance and quality control.  It is the essence of due diligence—where the diligence can be understood as weighed and assessed masses of data that are comprehensive in scope, not corrupted. 

 

The second includes challenges of “being” or “becoming.” 

 

The analog is wired, that is, it is physically connected; the digital  is signal, both in the sense of transmission and in the sense of its flow of iterative actions which give the signal form and to some measure predictability.  The analog thinks in terms of physical objects and the physical world, however that is understood. The analog is the physical spaces taken up by a corporation and the physical manifestation of a supply chain—its paperclips and workers, its trucks and distribution centers, its discharges and HVAC systems, and of course, its techno-bureaucracies and its governing elites. The digital operates through data fed simulacra. It goes virtual. It encodes and simulates physical space so that it is both true to itself and accessible to its subjects.  It cannot be seen but is felt—like the corporation and its supply chain, but in wholly different ways. It exists without the need for human recognition of its existence.  It resides in its casing indifferent to the hopes, lusts, desires, politics, neuroses, of those who seek to exploit it.  It cares about its programming imperatives but not the people and values. Yet it is that irresistible impulse to consult and exploit creates the interactions through which its output controls the viewpoint and guides the users in accordance with its programming. That programming might have started out in human hands, but it does not long reside there, even in non-generative analytical manifestations.

 

The analog is housed in carbon based life forms, principally humans, its essential narcissism is the essence of a self-love that has fueled civilization to date. The digital is a silicon based intelligence housed in inorganic casings; the essential narcissism of which is largely  or initially derivative. In its  generative forms digital intelligence may exceed the state of imitation of the human embedded in its initial coding and achieve a measure of autonomy, becoming its own subject, the center of its iterative dialectic around which its programming changes to suit the times and data. Humanity was the center of all things.  That center has shifted to the simulacra observed through mediating objects—screens in machines.

 

The third includes challenges of processing data and recognizing and organizing it as knowledge.

 

The analog is dialectics, which constitutes the dynamic guts of its programing; it is the essence of deductive processes from the most general to the most specific. The analog needs God before it can create humanity. The digital is iterative, which constitutes its own programmatic guts, it is the essence of the inductive processes starting from its data to produce general conclusions. The digital feeds on data to create its own gods. Compliance, quality control and machine thinking is essentially inductive. Its premises are deductive and values based biases programed into the system. Yet at the heart of sustainability due diligence is the need for judgment that requires a certain tolerance for inconsistency and deviation—for waivers, exceptions and the like. Where more than one possible course of action is equally, or roughly equally plausible, a generative process may produce consistently different (and perhaps less palatable) outcomes than human.  But maybe the reverse is true.

 

The fourth includes challenges of management and control.

 

The principal underlying point is also simple enough to state. One cannot successfully regulate iterative interactions in motion by recourse to a set of mechanisms and tools that were useful when collective social relations were merely human. That is like powering nuclear plants with people generating energy by riding on bicycles.  One cannot control AI, nor "own" it merely by waving a bit of text at it and threatening it with uniformed humans engaging in the performative encounters of text and act. In the context of virtual and autonomous intersubjectivity, regulation is always chasing an object that is long gone by the time it is brought within its performative spaces.  That may provide some comfort to those who believe (and not incorrectly) that the theater of public action is somehow socially reassuring and stability enhancing--but it has little to do with the actualities of its object. That result is more powerfully invoked when the regulatory object is autonomous. Perhaps, the best one can realize using these mechanisms is something that approaches the modalities of self-control, individual and collective. One can regulate individual and social contact with AI, and especially in its generative and autonomous forms. One can punish individuals and collectives that break the taboos of contact and use. One can, in effect, code limits and stops; one can "turn off the machine" perhaps (that is avoid using it). But one cannot do much more. It follows that consequential regulation--prescriptive rules for human actors--are, at this point in time, the more likely to produce some measure of success.  Prescriptive rules for autonomous and generative intelligence remains, elusive, even in the language of code. 

 

5. Where Does that Leave Us?: Concluding thoughts.[9]

 

A society reveals itself most clearly when it consciously confronts something threatening.  That revelation becomes acute when the threat also constitutes a temptation that is irresistible.  Generally, that binary reflex is then evidenced by the response; and the response then revealing  what a societal group believes is its essence--that is how the social elite signifies itself (or constructs and projects its meaning). One has seen this before especially where a society is confronted with tech threats. The response to the ready availability of books (the printing press); with the development of transport (trains); and so on, brought profound changes to social organization.  And so did the technologies of warfare, and so does the technology of autonomous “machines.”  

 

In each case two reflexes were much in evidence.  The first is an effort to absorb the transformative technology (and its potential) in the service of the status quo.  That, in turn, required the signification of this status quo.  Such a signification produced distillations of the ideal expression of the society into which the technology would be absorbed, and thus absorbed reduced merely to a device to facilitate (rather than change) or perhaps enhance (rather than overturn) all of the relationships, expectations, worldviews and the like that held a societal collective together. This constitutes the reactionary (or perhaps traditionalist) reflex.  And, indeed, even the most "progressive" society tends to recoil and revert to the standard defense (reactionary) position in the face of something new. The introduction of transformative tech provides a key moment for protection and distillation. And that is perhaps one of its greatest consequential products--the invocation of a furious effort to distill, to describe, and to memorialize a social order that would domesticate the transformative into mere method, in the way that ancient humans domesticated the dog.  Yet dogs still bite; and many remained wolves.

 

The second, is an equally compelling effort to take the potential offered by transformative leaps, especially tech, to its limits.  This is the revolutionary reflex.  It is one that sees in tech both destruction and reconstitution.  It understands the object of transformation as both the means and the embodiment of normative structures (the way a society rationalizes the world and orders itself in the face of the characteristics read into the transforming objects etc.) that will upend the contemporary system into which it is inserted--like a virus. And it will be the vanguard forces of society itself that will be (again) the instruments of transformation.  Just as print made literacy more plausible and that in turn made more plausible still the democratic organization of society, so AI may produce its own societal transformation by de-centering the human in the protection of the social collective; and by re-arranging conceptions of human autonomy, the neuro-psychology of consent, and the authenticity and legitimacy of political, social and economic orders now more deeply embedded within more complex ecologies in humans are embedded. 

 

Tech transformations, like predecessor transformative events, commence a messy, sometimes violent, and always displacing process that sometimes leaves society that emerges unrecognizable. It provokes by its own nature a set of movements in which those who were the leading forces of society, and the structures they had curated to ensure the continuity of their status as the shepherds of the societal universe over which they presided,  may be displaced.  Sustainability due diligence is a powerful manifestation of these movements and its internal contradictions. It was my object to shed a little light on both. Sometimes and ironically, it transforms these elites from those who presided over one set of ordering principles and practices to another.  Roman senatorial families could, in the face of settler migrations, become the kernel of what would emerge as a feudal elite; the rising industrialist class could assume the trappings of the old  aristocracy (Sword and robe); and now, 19th and 20th century bureaucracies will transform themselves from administrators of legalities to techno-administrators of systems constructed through the interpenetration of physical manifestations of legally embedded values, translated into and through data based inductive and iterative digitalized systems. In a world of big data tech, the coder and scrum master, the relevant techno-bureaucrat will rise to prominence within and among these compliance and tech platform that govern us.

 

 



[1] W. Richard and Mary Eshelman Faculty Scholar; Professor of Law and International Affairs, Pennsylvania State University | 239 Lewis Katz Building, University Park, PA 16802. Contact lcb911 [AT] me.com.

[2] Elaborated in a more theoretical way in Larry Catá Backer, ‘'The Soulful Machine, the Virtual Person, and the “Human” Condition', (2024) 37(5)  International Journal for the Semiotics of Law (Springer Nature); available [https://rdcu.be/dyRgd].

[3] Joss Whedon (director), Serenity (Universal Pictures 2005).

[4] Ivan Reitman, Ghostbusters (Columbia Pictures, 1984).

[5] Chapter 2.3.2.2.

[6] Duval, A. A., Rouas, V., & Max, E. (2023).The Potential of Big Data Technologies for the Human Rights and Environmental Due Diligence Process. UvA-DARE (Digital Academic Repository).

[7] Explanatory Memo, p. 3

[8] Larry Catá Backer, The Transformative Consequences of Risk Spirals: "Special Address by President von der Leyen at the World Economic Forum 16 January 2024, Law at the End of the Day (21 January 2024); available [https://lcbackerblog.blogspot.com/2024/01/the-transformative-conseqeunces-of-risk.html].

[9] Larry Catá Backer, Algorithmic Law: UNESCO, "Recommendation on the Ethics of Artificial Intelligence" (24 November 2021, Law at the End of the Day (13 February 2022); [https://lcbackerblog.blogspot.com/2022/02/algorithmic-law-unesco-recommendation.html].

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From the American Law Institute: "Principles for Insurrection Act Reform" (April 8, 2024)

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Pix Credit New York Times



In a Press Release dated 8 April 2024, the American Law Institute had produced guidance for Insurrection Act Reform.

Today, a bipartisan group led by Bob Bauer (NYU School of Law and former White House Counsel to President Obama) and Jack Goldsmith (Harvard Law School and former Assistant Attorney General in the George W. Bush administration) issued “Principles for Insurrection Act Reform.” The distinguished group, convened at the invitation of The American Law Institute, is made up of persons with a range of legal and political views who have a rich variety of backgrounds in constitutional law, national security law, and military law, and have held senior positions in government. A complete list of group members can be found below.

Explaining the impetus for the project, Bauer said, “The Insurrection Act is a centuries-old federal statute that authorizes the president to deploy the armed forces and state militias into action within the United States to address rebellion against the federal or state governments, major outbreaks of domestic violence, and the imminent or actual collapse of law enforcement. It is poorly drafted, replete with vague or obsolete language, and it has been clear for decades that this antiquated law needs serious revision.”

“There is agreement on both sides of the aisle that the Insurrection Act gives any president too much unchecked power,” Goldsmith added. “The Principles for Insurrection Act Reform proposes a set of core standards to guide constitutionally sound, bipartisan reform that aims to address the Act’s flaws while reflecting the need for U.S. armed forces to remain available in extreme cases to respond to domestic threats. These Principles are neutral in design and apply to any president’s invocation of the Insurrection Act.” (Press Release)
At its heart is its conclusion--which also serves as the jumping off point for the textual ecologies they mean to build around it.
A reformed Insurrection Act should:
• Require the president to consult, prior to the deployment of troops, with the governor of any state into which troops will be deployed.
• Require the president to make findings on the need to invoke the Insurrection Act, and to report these findings to Congress, along with a summary of consultations with state authorities, within 24 hours of deployment.
• Establish a time limit on the president’s authority to deploy troops under the Insurrection Act. The time limit should not exceed 30 days absent renewed congressional authorization.

• Establish a fast-track procedure for Congress to vote on renewal of presidential authority under the Insurrection Act. (ALI Pronciples for Insurrection Act Reform (8 April 2024) pp. 3-4)
And, of course, in addition to the suggestions for structural reform were suggestions for getting rid of language the problems which which included that (1) people no longer understood the words; and (3) courts had not taken the trouble to build structures of interpretation around them sufficient to solve the problem of linguistic incomprehensibility. Thus, while courts have managed to interpret over the antique words and phrasing of the Federal Constitution, the absent of a similar effort respecting the Insurrection Act necessarily doomed it to reform--like the reform of the King James Bible, perhaps. 

I suspect we have no heard the end of this given the time left in this current presidential election cycle and the attachment of issues around the application of the Insurrection Act to the likely candidate of the Republican Party. The traditional deference to political decision making at the heart of the act remains respected--the scope of judicial review would remain both unchanged and left to judicial development in case law.
 
The Statement of the ALI Project and identification of the Project's core of leadership follows below.
 
 
Principles for Insurrection Act Reform
April 8, 2024

THE PROJECT
 
At the invitation of the leadership of The American Law Institute, a group with a membership that
spans a range of legal and political views came together to consider possible reforms for the
Insurrection Act. Group members have varied backgrounds in constitutional law, national security
law, and military law, and in senior positions of the U.S. Government. All share the belief that
Congress should reform the Insurrection Act. After studying the Insurrection Act’s flaws, members
came to agreement on core principles that should guide this reform.
 
That the group came to a consensus on core principles does not mean that each member would apply
those principles in the same way in shaping the details of reform legislation. But the group
unanimously agrees that Congress should reform the Insurrection Act as soon as possible and
proposes the following principles in an effort to contribute to a constitutionally sound bipartisan
consensus in Congress.
 
BACKGROUND
 
The Insurrection Act authorizes the president to deploy U.S. armed forces and the militia inside the
United States to meet various threats to federal and state authority. See 10 U.S.C. §§ 251-55. These
provisions can be traced to the 1790s and incorporate numerous intervening amendments.
Several provisions of the Constitution frame the Insurrection Act and any reform of the Act. They
include:
• “The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States[;] . . . [and] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” U.S. CONST. art. I, § 8, cl. 14-16, 18.
• “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” U.S. CONST. art. I, § 9, cl. 2.
• “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States[.]” U.S. CONST. art. II, § 2, cl. 1.
• “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the

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Executive (when the Legislature cannot be convened) against domestic Violence.” U.S. CONST.art. IV, § 4.
• “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. . . . The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” U.S. CONST. amend. XIV, §§ 1, 5.

There has been a need from the beginning of the nation for armed forces to be available in extreme
cases to respond to serious domestic threats and harms to public safety and security. There has also
long been a concern about the use of such forces in this context. U.S. military officials past and present
have been wary of involvement by the federal armed forces in policing their own citizens. Others have
cited dangers to citizens’ rights and state sovereignty.

The Posse Comitatus Act of 1878 provides an important limitation on the use of armed forces to
execute the laws. That statute today provides: “Whoever, except in cases and under circumstances
expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the
Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to
execute the laws shall be fined under this title or imprisoned not more than two years, or both.” 18
U.S.C. § 1385.
 
The Insurrection Act constitutes an express statutory authorization within the terms of the Posse
Comitatus Act. Presidents have several dozen times invoked the Insurrection Act to address major
outbreaks of violence and the imminent or actual collapse of federal or state law enforcement. Yet the
need for presidents to invoke the Insurrection Act today must be considered in light of the size and
capacity of modern law-enforcement agencies at the state and local level, as well as a large federal law-
enforcement capacity available to the president, which in 2020 stood at almost 137,000 federal officials
authorized to carry firearms, make arrests, or both.
 
The Insurrection Act in its current form provides broad authority without sufficient checks and
balances. It is an old statute with vague triggers for the indefinite domestic use of military force. Some
of these triggers are expressed in antiquated language. And the Insurrection Act contemplates no role
for Congress in the use of the authorities under the Act even though the president receives those
authorities from Congress. These flaws in the Insurrection Act have been clear for a long time and
have prompted numerous proposals for reform.

PRINCIPLES TO GOVERN INSURRECTION ACT REFORM
 
A. The “Triggers” for the President’s Invocation of Authority Under the Insurrection Act
Two basic principles should guide reform of the Insurrection Act’s triggers of authority.
 
Eliminate Antiquated Terms
Under the Insurrection Act, a president’s authority to deploy U.S. troops turns on terms—including
unlawful “combinations,” “obstructions,” and “assemblages”—that lack settled contemporary
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meaning. The important purposes of the statute would be better served, the scope of presidential
authority would be clearer, and appropriate congressional oversight would be materially enhanced, if
reform of the law removed such terms.

Strengthen the Conditions for the Act’s Use
 
Where the president’s deployment of U.S. troops is authorized as a response to the collapse of state
or federal law enforcement, a reformed Insurrection Act should more clearly specify (i) the goal of
ensuring enforcement and (ii) the requirement that the deployment be necessary to protect public
safety and security. For example, the current authority to suppress “domestic violence” in 10 U.S.C.
§ 253 should be amended to make clear that the violence must be such that it overwhelms the capacity
of federal, state, and local authorities to protect public safety and security.
 
These strengthened conditions on the use of the Insurrection Act are consistent with, but also clarify,
the basis for well-recognized past invocations of the Act, such as those by Presidents Eisenhower and
Kennedy to achieve compliance with federal-court desegregation orders.
 
B. Time Limits, Reporting, and Consultation
 
Several statutes require the president and other executive branch officials to consult with and report
to Congress on uses of force, covert operations, and other military or intelligence activities abroad.
See, e.g., 10 U.S.C. § 130f (sensitive military operations); 50 U.S.C. § 3093(b), (c) (covert actions); 50
U.S.C. § 3092(a) (intelligence activities other than covert action); 50 U.S.C. §§ 1542-43 (hostilities or
imminent hostilities by the armed forces). Congress has also imposed a time constraint on certain
presidential uses of the armed forces outside the United States, subject to subsequent congressional
approval. 50 U.S.C. §§ 1544-45.
 
Although the Insurrection Act is grounded in Congress’s power over the militia and war, the Act lacks
any analogous reporting or consultation requirements. It also lacks time limits on the deployment of
the armed forces or militia. From the perspective of democratic governance and constitutional
principle, the use of armed forces and the militia in the domestic sphere can be as significant as the
use of armed forces abroad. Congress in the exercise of its constitutional prerogatives should establish
analogous reporting and consultation requirements, and time-limit constraints, on presidential
deployments under the Insurrection Act.
 
A reformed Insurrection Act should:
• Require the president to consult, prior to the deployment of troops, with the governor of any state into which troops will be deployed.
• Require the president to make findings on the need to invoke the Insurrection Act, and to report these findings to Congress, along with a summary of consultations with state authorities, within 24 hours of deployment.
• Establish a time limit on the president’s authority to deploy troops under the Insurrection Act. The time limit should not exceed 30 days absent renewed congressional authorization.

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• Establish a fast-track procedure for Congress to vote on renewal of presidential authority under the Insurrection Act.

C. Judicial Review

Insurrection Act reform should not include a provision for judicial review. Judicial review would
likely be available to address discrete issues under extant law, and the Supreme Court has made
clear the president’s invocation of the Act will receive significant deference. The constitutionally
guaranteed writ of habeas corpus remains available at all times.
 
GROUP MEMBERS
Bob Bauer (Co-Chair)
James W. Crawford III
Mary DeRosa
John Eisenberg
Courtney Simmons Elwood
Jack Goldsmith (Co-Chair)
Jeh Charles Johnson
Bruce MacDonald
Mark Martins
Michael B. Mukasey
 
BIOGRAPHIES*
--Bob Bauer is Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. He served as White House Counsel (2009-2011), as Co-Chair of the Presidential Commission on Election Administration (2013-2014), and as Co-Chair of the Presidential Commission on the Supreme Court of the United States (2021).
--James W. Crawford III, Vice Admiral, JAGC, U.S. Navy (Retired), was appointed by President Obama as the 43rd Judge Advocate General of the Navy (2015-2018). He served thirty-four years of active duty that included service as the principal military legal counsel to the Secretary of the Navy and Chief of Naval Operations and as the Department of Defense Representative for Ocean Policy Affairs (REPOPA). From 2020 to 2023, he was president of Felician University, a Franciscan Catholic university in New Jersey.
--Mary DeRosa is a Professor from Practice at Georgetown University Law Center. She served as Deputy Counsel to the President and Legal Adviser to the National Security Council (2009-2011), as Chief Counsel for National Security for the Senate Judiciary Committee (2007-2009), as Legal Adviser and Deputy Legal Adviser to the National Security Council (1997-2000), and as Special Counsel to the General Counsel at the Department of Defense (1995-1997).
--John Eisenberg is a national-security and white-collar attorney. In the Trump Administration, he served as the Legal Advisor to the National Security Council, Assistant to the President, and Deputy Counsel to the President. In the George W. Bush Administration, he served as a Deputy Assistant Attorney General in the Office of Legal Counsel and as an Associate Deputy Attorney General in the Department of Justice. He was a partner at Kirkland & Ellis from 2009 until 2017.

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--Courtney Simmons Elwood served as General Counsel of the U.S. Central Intelligence Agency (2017-2021), and as Associate Counsel to the President, Deputy Counsel to the Vice President, and Deputy Chief of Staff and Counselor to the Attorney General (2001-2007).
Jack Goldsmith is the Learned Hand Professor at Harvard Law School. He served as Assistant
Attorney General, Office of Legal Counsel (2003-2004), and as Special Counsel to the General Counsel of the Department of Defense (2002-2003).
--Jeh Charles Johnson is a partner in the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP who previously served as Secretary of Homeland Security (2013-2017), General Counsel of the Department of Defense (2009-2012), General Counsel of the Department of the Air Force (1998-2001) and as an Assistant U.S. Attorney for the Southern District of New York (1989-1991).
--Bruce MacDonald is a retired United States Navy vice admiral who served as the 40th Judge
Advocate General of the United States Navy from July 2006 to August 2009. In March 2010, he was appointed to the Senior Executive Service by Secretary of Defense Robert Gates and served for three years as Convening Authority for the Office of Military Commissions.
Mark Martins is a retired Army brigadier general and a private practitioner of law in Washington, D.C. Before retirement from the military in 2021, he served in Kosovo (1999), Iraq (2003, 2004, 2006-2008), and Afghanistan (2009-2011), and as chief prosecutor for proceedings under the Military Commissions Act (2011-2021).
--Michael B. Mukasey served as a U.S. District Judge for the Southern District of New York (1988-2006) and as the 81st Attorney General of the United States (2007-2009).
* The views and opinions set forth herein are the personal views or opinions of the authors; they do not necessarily reflect the views or opinions of the law firm, university, or other entity with which they are associated.

Mauricio Lissovsky "A fotografia e seus duplos" [Photograghy and its Duplications" disponível online gratuitamente [available free online]

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The question of the photograph has been at the center of modernity, and now deeply embedded in the reconsideration of the intersubjectivity of the person (and social collectives)  in their encounters with the simulacra of the virtual and its generative consciousness (Jan Broekman, Knowledge in Change (Springer, 2023); Larry Catá Backer, 'The Soulful Machine' Int'l J. Semiotics of Law (2024)). 

It is with that in mind that I was delighted to receive news from Acaso Cultural (Brazil) of the publication of a quite marvelous book focusing on photography, mimesis and photographic reproduction that marvelously engages with these themes of mimesis, intersubjectivity, and the simulacra of the virtual.  The book, Mauricio Lissovsky "A fotografia e seus duplos" [Photograghy and its Duplications"disponível online gratuitamente [available free online]. LINK TO DOWNLOAD ALSO HERE.

This in part from the Press Release:

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Mauricio Lissovsky foi historiador e professor da Escola de Comunicação da Universidade Federal do Rio de Janeiro. Foi pesquisador sênior do IDEA – Programa de Estudos Avançados (grupo de pesquisa vinculado à ECO/UFRJ). Autor de “O Ф da fotografia” (online, 2021), “Pausas do destino: teoria, arte e história da fotografia” (Mauad X, 2014) e “A máquina de esperar: origem e estética da fotografia moderna” (Mauad X, 2008).
Mauricio Lissovsky deixou A fotografia e seus duplos pronto, antes de morrer, em agosto de 2022. Era seu desejo que o livro saísse por um selo do IDEA – Programa de Estudos Avançados, grupo de pesquisa da ECO/UFRJ do qual participou brilhantemente, como era seu hábito ser, revelando-se sempre nas mais insuspeitadas derivações do pensamento.
A Acaso Cultural, que traz com o IDEA e com Lissovsky uma parceria de primeira hora, tem agora a honra e o privilégio de lançar este novo selo, e de estreá-lo com a edição em ebook de A fotografia e seus duplos. O livro traz uma coletânea de textos ensaísticos e filosóficos sobre fotografia e fotógrafos, com imagens (muitas vezes interpretadas de maneira surpreendente) correspondentes aos textos, dando forma assim a um importante conjunto para os estudos sobre história da fotografia.

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Mauricio Lissovsky was a historian and professor at the School of Communication at the Federal University of Rio de Janeiro. He was a senior researcher at IDEA – Advanced Studies Program (research group linked to ECO / UFRJ). Author of “The Ф of photography” (online, 2021), “Pauses of destiny: theory, art and history of photography” (Mauad X, 2014) and “The waiting machine: origin and aesthetics of modern photography” (Mauad , 2008).
Mauricio Lissovsky left Photography and Its Doubles ready, before he died, in August 2022. It was his wish that the book would come out under an IDEA – Advanced Studies Program, research group at ECO/UFRJ in which he participated brilliantly, as it was his habit to be, always revealing himself in the most unsuspected derivations of thought.
Acaso Cultural, which has a first-time partnership with IDEA and Lissovsky, now has the honor and privilege of launching this new label, and of debuting it with the ebook edition of Photography and its Doubles. The book brings a collection of essayistic and philosophical texts about photography and photographers, with images (often interpreted in surprising ways) corresponding to the texts, thus giving shape to an important set for studies on the history of photography.

The book is well worth reading carefully for its insights about mimesis, and the inetrsubjectivity of likeness and object. Its adds greatly to approaching understanding of the operation of conscious in a mimetic world of object-simulacra-object, and of the multiple consciousness to which it gives form (physical and generative).

The book is available for download FREE HERE.

The opening (A Máquina de Semelhanças/The Resemblance Machine) follows below in the original Portuguese and an English translation.



A Máquina de Semelhanças

 

Durante os anos 1990 e início dos 2000, as discussões ontológicas da fotografia estavam em baixa. A fotografia perdia sua estabilidade como objeto, e historiadores como o britânico John Tagg sustentavam que “Não existe isto de a fotografia como tal, uma mídia comum. Existem diferentes áreas de produção, diferentes práticas institucionalizadas, diferentes discursos”.1 Consequentemente, “sua história não tem unidade”: “é uma cintilação em um campo de espaços institucionais”. A crítica pós-moderna descartava qualquer abordagem “essencialista” e, junto com ela, pretendia desconstruir o que lhes parecia ser a pedra de toque do Modernismo: a mística do instantâneo fotográfico.

 

Para o historiador benjaminiano, no entanto, as essências nunca são estáveis e transcendentes, mas históricas e imanentes. Ainda que digam respeito à origem dos fenômenos, não devem ser buscadas nos primórdios, tal como nas abordagens historicistas, mas nisso que nos é contemporâneo, que nos acompanha e cujo vigor só pode ser verdadeiramente apreendido quando está em vias de desaparecer. A história que pretendi então escrever, uma história do instantâneo fotográfico moderno conforme seu devir, exigia dois movimentos: libertar sua origem do historicismo — isto é, de seu interminável desfiar de antecedentes — e pensar o instantâneo (e o próprio instante, de fato) como imanentes. Era preciso livrar-se, como argumenta Gilbert Simondon, tanto da “via substancialista”, que nesse caso corresponde à concepção da fotografia, resultante de um corte transcendental que interrompe o movimento do mundo, como da “via hilemórfica”, segundo a qual a fotografia é sobretudo um prolongamento da pintura na história das formas visuais.2 Era preciso substituir o problema da ontologia pelo problema da ontogênese. A essa origem chamei “máquina de esperar”.3 Os processos de individuação de fotos e de fotógrafos passaram a ser buscados nos vestígios da espera que se podiam observar na imagem.

 

Mas há ainda outra maquinação em curso na fotografia: a maquinação da semelhança. Nela residia, para Walter Benjamin, o núcleo paradoxal próprio da fotografia. Como fenômeno cultural, contribuía para a derrocada da aura, mas também multiplicava as percepções do semelhante: destruir a aura do objeto, escreveu ele, “é a característica de uma forma de percepção cuja capacidade de captar o ‘semelhante’ no mundo é tão aguda que, graças à reprodução, ela consegue captá-lo até no fenômeno único”.4 A fotografia — máquina de semelhanças — submete o que é único ao regime do múltiplo enquanto se empenha em captar correspondências sutis no mundo sensível.

 

Convinha mergulhar no universo de semelhanças que a modernidade pretendia sufocar: “só um observador que não pensa pode negar que existem correspondências em jogo entre o mundo da tecnologia moderna e o arcaico mundo simbólico da mitologia”.5 Pela via da semelhança, a fotografia aponta simultaneamente para o passado e para o futuro, pois renuncia-se à sujeição do discurso historiográfico aos modelos metonímicos (subordinados ao tempo e ao espaço). Não se trata de inferência factual ou indutiva nem de deduções baseadas em leis universais, mas de procedimento paradigmático — pois paradigmática foi a fotografia para a epistemologia benjaminiana da História.6

 

O paradigma não é um atributo ou parte de um fenômeno, mas, desde Platão, uma “relação” entre sensível e mental: “a relação paradigmática não se dá tão somente entre objetos singulares sensíveis, nem entre estes e uma regra geral, mas sim, antes de tudo, entre singularidade (que se torna assim paradigma) e sua apresentação (quer dizer, sua inteligibilidade)”.7 Em virtude disso, nenhuma imagem tem precedência sobre as demais. Tal como nas fórmulas do patético de Aby Warburg, não se distingue nelas criação e performance, original e cópia. São todas “híbridos de arquétipo e fenômeno”, de “primeira vez” e “repetição”.8 O gesto epistemológico por excelência é o reconhecimento da semelhança. Em “A doutrina das semelhanças”, de 1933, Benjamin escreveu:

 

“Sua percepção, em todos os casos, dá-se num relampejar. Ela perpassa veloz, e, embora talvez possa ser recuperada, não pode ser fixada, ao contrário de outras percepções. Ela se oferece ao olhar de modo tão efêmero e transitório como uma constelação de astros.”9

 

A semelhança é um caminho privilegiado para se entender o que “querem”, o que “fazem” e o que “sonham” as fotografias. O reconhecimento da semelhança é a própria assinatura da História, a marca que imprime nos acontecimentos o seu signo. Benjamin busca pelas assinaturas da História em sua Obra das passagens; busca pelos sinais, pelas imagens portadoras desse “índice secreto” que impele o passado à “redenção”.10 É por meio deste índice ou assinatura que o objeto histórico “se constitui como imagem que determina e condiciona temporalmente sua legibilidade”. O historiador não age ao arbítrio: “segue o fio sutil e inaparente das assinaturas, que exigem aqui e agora sua leitura”.11

 

Em Warburg, como em Benjamin, todo objeto histórico é uma bifurcação: bifurcação entre consciente e inconsciente, entre vivido e não vivido: “Todo presente contém, neste sentido, uma parte de não vivido; isto é, levado ao limite, o que resta de não vivido em toda a vida”.12 A semelhança que procuramos observar jamais nos ocorre quando comparamos as coisas que “foram” àquelas que hoje “são” ou às que ainda “serão” um dia. Trata-se, ao contrário, da semelhança que subsiste na ausência dessas coisas, na falta que elas fazem, e que preserva na memória coletiva, como condição da sua legibilidade, as imagens do que “poderia ter sido”.13 História do não vivido, história do que “poderia ter sido”, história de fantasmas. Essa é a história da qual as imagens são os vestígios. História meta-fórica e anacrônica, que se faz na vizinhança da poesia, conjugada no futuro do pretérito.

 

“A História decai em imagens, não em histórias”, enuncia Benjamin em sua “doutrina elementar do materialismo histórico”.14 Por isso, como conclui Adorno, imagens são fósseis antediluvianos que “trazem a dialética e o mito até o ponto de sua indiferenciação”.15 A imagem, a fotografia em particular, é essa “presença reminiscente”, causal e tátil, de um passado que não cessa de trabalhar, de transformar o substrato onde imprime sua marca.16 Nos vestígios dos acontecimentos, nas imagens da história, nos sedimentos da memória, não devemos ver apenas inscrições do passado, mas fragmentos cintilantes do porvir, sonhos não realizados, premonições cujo sentido só será apreendido tardiamente. Desse tempo premonitório, somos sempre contemporâneos. Somos tomados pela experiência desse tempo como uma interrupção, como uma carga explosiva nas entrelinhas de nossas vidas. Mas o despertar das imagens do passado não é isento de disputa, pois, situadas entre o sono e a vigília, seu sentido é tão movediço quanto os objetos em torno da cama daquele que desperta.

 


 

Waltércio Caldas. Como funciona a máquina fotográfica, 1977. Fonte: Manual de Ciência Popular, 2007.

 

Pela maquinação das semelhanças, a História coloca suas questões em cena; pela encenação dos duplos, a Fotografia interroga-se sobre sua própria potência. Como essa máquina funciona? O artista conceitual

brasileiro Waltércio Caldas sugeriu uma resposta — que mais parece um enigma — em “Como funciona a máquina fotográfica?”, de 1977. Poderia ser, como o título sugere, um esquema de funcionamento que exibe as entranhas de seu maquinismo. Apesar de elaborado com pouquíssimos elementos, o sentido não pode ser apreendido de imediato. Reconhecemos a jarra, a água, o copo, a mão que sustenta a jarra e a inclina em direção ao copo. Também se vê um segundo copo, no interior da jarra. Mas nesse momento devemos interromper a descrição pois uma dúvida nos ocorre. Trata-se de uma duplicação, mas qual copo vem primeiro? Há um copo no mundo e uma imagem sua (um duplo, um reflexo) no interior da jarra? Ou não há qualquer copo do mundo em cena, mas apenas um copo latente, no interior da jarra, que verte sua imagem (seu reflexo, seu duplo) para fora dela? Hesitamos, pois não é possível decidir qual das duas interpretações do esquema é mais adequada.

 

O que nos ensina esse enigma, afinal? A primeira coisa que aprendemos é que aquela genealogia que principia na câmera escura, na perspectiva renascentista e ainda mais remotamente na caverna de Platão tem pouco a ver com a fotografia, ou com aquilo que filosoficamente importa no funcionamento de uma máquina fotográfica. É a sua transparência que nos inquieta, seu dar-se a ver como translúcida e transparente (pois esse é também seu modo de se esconder). A segunda lição, mais sutil, é que a despeito de essa imagem subsistir em certo estado de suspensão temporal — um instantâneo levado ao seu nível máximo de abstração — ambos os copos se encheram de água. A posição da jarra indica, inclusive, que vertê-la é parte do funcionamento da máquina. Enquanto a água escorre da jarra há um vínculo material entre copo e jarra, mas no momento em que a foto é tirada, ou sua duplicação concluída, esse vínculo se rompe e só restam no copo os vestígios dessa materialidade — a água vertida.

 

Essa imagem, portanto, que de início nos parecia um instantâneo fora de qualquer tempo, envolveu necessariamente alguma duração. Foi preciso esperar que o copo enchesse — nem demais, nem de menos. Foi preciso que ele se equilibrasse, que a água acalmasse. Só então... Só então, o gesto, a interrupção, que não surge agora, vindo não se sabe de onde. Pelo contrário, sempre esteve ali, desde o início, segurando a alça da jarra. O gesto é parte do funcionamento da máquina de Waltércio, como é parte inseparável da fotografia. Mas sobre o que incide o gesto? Não sobre o copo e a jarra, pois essas são formas preestabelecidas muito antes de qualquer fotografia, mas sobre essa água, capaz de assumir todas as feições e estabelecer vínculos e relações entre as coisas. Pois a água, os antigos gregos bem o sabiam, é a matriz de todas as metamorfoses. De fato, quase todos os elementos conceitualmente relevantes para a fotografia estão presentes nessa imagem: transparência, materialidade, suspensão, duração, gesto e metamorfose. Mas não podemos esquecer de nossa hesitação, de nossa incapacidade de decidir, pois ela também é parte indissociável do funcionamento da máquina.

 

 


Chakib Jabour. Lâmpada mágica. Rio de Janeiro, 1950. Fonte: Enciclopédia Itaú-Cultural.

 

Em 1950, Chakib Jabour havia proposto uma versão menos complexa da máquina. Transparente como a de Caldas, enfatiza dois elementos que aquela devia dar por subentendidos. O recipiente agora não é uma jarra, mas uma lâmpada elétrica, símbolo popular da invenção e da ideia “luminosa”. Talvez Jabour tenha buscado apenas referir-se ao óbvio: a máquina fotográfica é um dispositivo técnico cuja matéria-prima é a luz, mas cujos resultados estão longe de ser domínio exclusivo da racionalidade científico-iluminista. Ao contrário do bulbo incandescente de Edison, que promete reenviar as sombras de volta ao Hades, a máquina-lâmpada convoca a magia: ela “captura”, “miniaturiza” e, principalmente, enfeitiça o nosso desejo. A fotografia é um ramo da magia simpática — para nos valermos dos termos clássicos de James Frazer — cuja eficácia depende de algum elemento de contágio. Nada pode ser visto sem que os raios luminosos toquem a retinas.

 

 

1 LUKITSCH, J. “Practicing theories; an interview with John Tagg”. In: SQUIERS, Carol (org.). The Critical Image. Seattle: Bay Press, 1990, p. 224.

2 SIMONDON, G. La individuación a luz de las nociones de forma y de información.

Buenos Aires: Ediciones La Cebra y Editorial Cactus, 2009, p. 23.

3 LISSOVSKY, M. A máquina de esperar: origem e estética da fotografia moderna. Rio

de Janeiro: Mauad X, 2008.

4 BENJAMIN, W. “Pequena história da fotografia”. In: Obras escolhidas I (Magia e Téc-

nica). São Paulo: Brasiliense, 1985, p. 101.

5 BENJAMIN, W. The Arcades Project. Cambridge: Belknapp Press, 1999, p. 461.

6 LISSOVSKY, M. Pausas do destino: teoria, arte e história da fotografia. Rio de Janeiro:

Mauad X, 2014, p. 13-30.

7 AGAMBEN, G. Signatura Rerum; sobre el método. Buenos Aires: Adriana Hidalgo,

2009, p. 32.

8 AGAMBEN, G. Signatura Rerum..., p. 39.

9 BENJAMIN, W. Obras escolhidas I..., p. 110.

10 BENJAMIN, W. Obras escolhidas I..., p. 224.

11 AGAMBEN, G. Signatura Rerum..., p. 101.

12 AGAMBEN, G. Signatura Rerum..., p. 140.

13 LISSOVSKY, M. Pausas do destino..., p. 42-43.

14 BENJAMIN, W. The Arcades Project..., p. 476.

15 Cf. BENJAMIN, W. The Arcades Project..., p. 461.

16 DIDI-HUBERMAN, G. La Ressemblance par contact. Paris: Minuit, 2008, p. 13-14.

 

The Resemblance Machine

 

During the 1990s and early 2000s, ontological discussions of photography were at an all-time low. Photography lost its stability as an object, and historians such as the British John Tagg maintained that “There is no such thing as photography as such, a common medium. There are different areas of production, different institutionalized practices, different discourses”.1 Consequently, “its history has no unity”: “it is a flicker in a field of institutional spaces”. Postmodern criticism discarded any “essentialist” approach and, along with it, intended to deconstruct what seemed to them to be the touchstone of Modernism: the mystique of the photographic snapshot.

 

For the Benjaminian historian, however, essences are never stable and transcendent, but historical and immanent. Even though they concern the origin of phenomena, they should not be sought in the beginnings, as in historicist approaches, but in what is contemporary to us, which accompanies us and whose vigor can only be truly grasped when it is about to disappear. The history that I then intended to write, a history of the modern photographic snapshot as it became, required two movements: freeing its origin from historicism — that is, from its endless unraveling of antecedents — and thinking about the snapshot (and the instant itself, in fact) as immanent. It was necessary to get rid of, as Gilbert Simondon argues, both the “substantialist way”, which in this case corresponds to the conception of photography, resulting from a transcendental cut that interrupts the movement of the world, and the “hylomorphic way”, according to which the Photography is above all an extension of painting in the history of visual forms.2 It was necessary to replace the problem of ontology with the problem of ontogenesis. I called this origin “the waiting machine”.3 The processes of individuation of photos and photographers began to be sought in the traces of waiting that could be observed in the image.

 

But there is still another machination going on in photography: the machination of resemblance. In it resided, for Walter Benjamin, the paradoxical core of photography. As a cultural phenomenon, it contributed to the collapse of the aura, but it also multiplied the perceptions of the similar: destroying the aura of the object, he wrote, “is the characteristic of a form of perception whose ability to capture the 'similar' in the world is so acute that, thanks to reproduction, it manages to capture it even in the unique phenomenon.”4 Photography — a resemblance machine — subjects what is unique to the regime of the multiple while striving to capture subtle correspondences in the sensitive world.

 

It is convenient to delve into the universe of resemblance that modernity intended to suffocate: “only an observer who does not think can deny that there are correspondences at play between the world of modern technology and the archaic symbolic world of mythology”.5 Through the path of resemblance [ed.: mimesis], photography points simultaneously for the past and the future, as the subjection of historiographic discourse to metonymic models (subordinated to time and space) is renounced. It is not a question of factual or inductive inference nor of deductions based on universal laws, but of a paradigmatic procedure — as photography was paradigmatic for Benjamin's epistemology of History.6

 

The paradigm is not an attribute or part of a phenomenon, but, since Plato, a “relationship” between the sensitive and the mental: “the paradigmatic relationship does not occur only between sensitive singular objects, nor between these and a general rule, but rather , first of all, between singularity (which thus becomes a paradigm) and its presentation (that is, its intelligibility).”7 As a result, no image takes precedence over the others. As in Aby Warburg's pathetic formulas, there is no distinction between creation and performance, original and copy. They are all “hybrids of archetype and phenomenon”, of “first time” and “repetition”.8 The epistemological gesture par excellence is the recognition of resemblance. In “The Doctrine of Similarities” [ed.: "The Work of Art in the Age of Mechanical Reproduction"], from 1933, Benjamin wrote:

“Your perception, in all cases, comes in a flash. It passes quickly, and although it can perhaps be recovered, it cannot be fixed, unlike other perceptions. It presents itself to the gaze in a way that is as ephemeral and transitory as a constellation of stars.”9

Resemblance [ed.: reporduction] is a privileged way to understand what photographs “want”, what they “do” and what they “dream about”. The recognition of resemblance [ed.: mmesis] is the very signature of History, the mark that imprints its sign on events. Benjamin searches for the signatures of History in his Work of Passages; he searches for signs, for images that carry this “secret index” that propels the past to “redemption”.10 It is through this index or signature that the historical object “constitutes itself as an image that determines and temporally conditions its legibility”. The historian does not act at will: “he follows the subtle and inapparent thread of the signatures , which demand its reading here and now”.11

 

In Warburg, as in Benjamin, every historical object is a bifurcation: a bifurcation between conscious and unconscious, between lived and unlived: “Every present contains, in this sense, a part of the unlived; that is, taken to the limit, what remains of what has not been lived throughout life.”12 The resemblance we seek to observe never occurs to us when we compare things that “were” to those that today “are” or to those that will still “be” a day. It is, on the contrary, the resemblance [ed.: mimesis/reproduciton] that subsists in the absence of these things, in the lack of them, and that preserves in the collective memory, as a condition of its legibility, the images of what “could have been”.13 History of the unlived , story of what “could have been”, ghost story. This is the story of which the images are the traces. Metaphorical and anachronistic history, which takes place in the vicinity of poetry, combined in the future of the past tense.

 

“History decays into images, not stories”, states Benjamin in his “elementary doctrine of historical materialism”.14 Therefore, as Adorno concludes, images are antediluvian fossils that “bring dialectics and myth to the point of their indifferentiation ”.15 The image, photography in particular, is this “reminiscent presence”, causal and tactile, of a past that never ceases to work, to transform the substrate on which it leaves its mark.16 In the traces of events, in the images of history , in the sediments of memory, we should not only see inscriptions from the past, but sparkling fragments of the future, unfulfilled dreams, premonitions whose meaning will only be grasped late. Of this premonitory time, we are always contemporaries. We are overcome by the experience of this time as an interruption, as an explosive charge between the lines of our lives. But the awakening of images from the past is not without dispute, since, situated between sleep and wakefulness, their meaning is as unstable as the objects around the bed of the one who awakens.

 

Waltercio Caldas. How the camera works, 1977. Source: Popular Science Manual, 2007.


 

Through the mechanization of reproduction, History puts its questions on stage; Through the staging of the doubles, Photography questions itself about its own power. How does this machine work? The conceptual artist

Brazilian Waltércio Caldas suggested an answer — which looks more like a riddle — in “How does the camera work?”, from 1977. It could be, as the title suggests, an operating diagram that displays the innards of its machinery. Despite being prepared with very few elements, the meaning cannot be grasped immediately. We recognize the jug, the water, the glass, the hand that holds the jug and tilts it towards the glass. A second glass can also be seen inside the vase. But at this point we must interrupt the description because a doubt occurs to us. It's a doubling, but which cup comes first? Is there a glass in the world and an image of you (a double, a reflection) inside the vase? Or is there not any cup in the world on the scene, but just a latent cup, inside the jar, that pours its image (its reflection, its double) out of it? We hesitate because it is not possible to decide which of the two interpretations of the scheme is more appropriate.

 

What does this enigma teach us, anyway? The first thing we learn is that that genealogy that begins in the camera obscura, in the Renaissance perspective and even more remotely in Plato's cave, has little to do with photography, or with what philosophically matters in the functioning of a camera. It is her transparency that disturbs us, her showing herself as translucent and transparent (because this is also her way of hiding). The second, more subtle lesson, is that despite this image subsisting in a certain state of temporal suspension — a snapshot taken to its maximum level of abstraction — both glasses filled with water. The position of the jug even indicates that pouring it is part of the machine's operation. While the water flows from the jug there is a material bond between the glass and the jug, but at the moment the photo is taken, or its duplication is completed, this bond is broken and only the traces of this materiality remain in the glass — the poured water.

 

This image, therefore, which initially seemed to us like a snapshot outside of any time, necessarily involved some duration. We had to wait for the glass to fill up — not too much, not too little. It was necessary for him to balance himself, for the water to calm down. Only then... Only then, the gesture, the interruption, which doesn't appear now, coming from who knows where. On the contrary, it was always there, from the beginning, holding the handle of the jar. Gesture is part of the functioning of Waltércio's machine, as it is an inseparable part of photography. But what does the gesture affect? Not about the glass and the vase, as these are pre-established forms long before any photography, but about this water, capable of taking on all the features and establishing links and relationships between things. Because water, the ancient Greeks knew well, is the matrix of all metamorphoses. In fact, almost all the conceptually relevant elements for photography are present in this image: transparency, materiality, suspension, duration, gesture and metamorphosis. But we cannot forget our hesitation, our inability to decide, as it is also an inseparable part of the functioning of the machine.

 

Chakib Jabour. Magic lamp. Rio de Janeiro, 1950. Source: Itaú-Cultural Encyclopedia.


 In 1950, Chakib Jabour had proposed a less complex version of the machine. Transparent like that of Caldas, it emphasizes two elements that the former should take for granted. The container is now not a vase, but an electric lamp, a popular symbol of invention and the “luminous” idea. Perhaps Jabour simply sought to refer to the obvious: the camera is a technical device whose raw material is light, but whose results are far from being the exclusive domain of scientific-enlightenment rationality. Unlike Edison's incandescent bulb, which promises to send shadows back to Hades, the lamp machine summons magic: it “captures”, “miniaturizes” and, above all, bewitches our desire. Photography is a branch of sympathetic magic — to use James Frazer's classic terms — whose effectiveness depends on some element of contagion. Nothing can be seen without light rays touching the retinas.


1 LUKITSCH, J. “Practicing theories; an interview with John Tagg”. In: SQUIERS, Carol (org.). The Critical Image. Seattle: Bay Press, 1990, p. 224.

2 SIMONDON, G. La individuación a luz de las nociones de forma y de información.

Buenos Aires: Ediciones La Cebra y Editorial Cactus, 2009, p. 23.

3 LISSOVSKY, M. A máquina de esperar: origem e estética da fotografia moderna. Rio

de Janeiro: Mauad X, 2008.

4 BENJAMIN, W. “Pequena história da fotografia”. In: Obras escolhidas I (Magia e Téc-

nica). São Paulo: Brasiliense, 1985, p. 101.

5 BENJAMIN, W. The Arcades Project. Cambridge: Belknapp Press, 1999, p. 461.

6 LISSOVSKY, M. Pausas do destino: teoria, arte e história da fotografia. Rio de Janeiro:

Mauad X, 2014, p. 13-30.

7 AGAMBEN, G. Signatura Rerum; sobre el método. Buenos Aires: Adriana Hidalgo,

2009, p. 32.

8 AGAMBEN, G. Signatura Rerum..., p. 39.

9 BENJAMIN, W. Obras escolhidas I..., p. 110.

10 BENJAMIN, W. Obras escolhidas I..., p. 224.

11 AGAMBEN, G. Signatura Rerum..., p. 101.

12 AGAMBEN, G. Signatura Rerum..., p. 140.

13 LISSOVSKY, M. Pausas do destino..., p. 42-43.

14 BENJAMIN, W. The Arcades Project..., p. 476.

15 Cf. BENJAMIN, W. The Arcades Project..., p. 461.

16 DIDI-HUBERMAN, G. La Ressemblance par contact. Paris: Minuit, 2008, p. 13-14.


Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (ECHR 087 (2024) 09.04.2024)

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Pix Credit here

In a quite interesting case, the European Court of Human Rights issued its opinion and judgment in  Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (ECHR 087 (2024) 09.04.2024). Rather than providing a second hand summary of the summary of the ECHR action it might be worth reading the Press Release issued by the ECHR:

Violations of the European Convention for failing to implement sufficient
measures to combat climate change

In today’s Grand Chamber judgment1 in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20) the European Court of Human Rights held, by a majority of sixteen votes to one, that there had been:
a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights;
and, unanimously, that there had been:
a violation of Article 6 § 1 (access to court).
The case concerned a complaint by four women and a Swiss association, Verein KlimaSeniorinnen Schweiz, whose members are all older women concerned about the consequences of global warming on their living conditions and health. They consider that the Swiss authorities are not taking sufficient action, despite their duties under the Convention, to mitigate the effects of climate change.
The Court found that Article 8 of the Convention encompasses a right to effective protection by the State authorities from the serious adverse effects of climate change on lives, health, well-being and quality of life.
However, it held that the four individual applicants did not fulfil the victim-status criteria under Article 34 of the Convention and declared their complaints inadmissible. The applicant association, in contrast, had the right (locus standi) to bring a complaint regarding the threats arising from climate change in the respondent State on behalf of those individuals who could arguably claim to be subject to specific threats or adverse effects of climate change on their life, health, well-being and quality of life as protected under the Convention.
The Court found that the Swiss Confederation had failed to comply with its duties (“positive
obligations”) under the Convention concerning climate change. There had been critical gaps in the process of putting in place the relevant domestic regulatory framework, including a failure by the Swiss authorities to quantify, through a carbon budget or otherwise, national greenhouse gas (GHG) emissions limitations. Switzerland had also failed to meet its past GHG emission reduction targets.
While recognising that national authorities enjoy wide discretion in relation to implementation of legislation and measures, the Court held, on the basis of the material before it, that the Swiss authorities had not acted in time and in an appropriate way to devise, develop and implement relevant legislation and measures in this case.
In addition, the Court found that Article 6 § 1 of the Convention applied to the applicant
association’s complaint concerning effective implementation of the mitigation measures under
existing domestic law. The Court held that the Swiss courts had not provided convincing reasons as to why they had considered it unnecessary to examine the merits of the applicant association’s complaints. They had failed to take into consideration the compelling scientific evidence concerning climate change and had not taken the complaints seriously.
For further information, please see these Questions and Answers on the three Grand Chamber cases

"The ECHR on Tuesday ruled that two other similar climate cases were inadmissible: one was brought by six Portuguese youths petitioning against more than 30 European governments and another was submitted by a former mayor of a French town." (A landmark ruling in Europe's top rights court delivers a watershed moment for climate litigation).

The 258 page judgment may be accessed HERE. The table of contents with links to each section follows below along with links to other filings in the case.  

 

Case Documents:


Filing DateTypeFileSummary
11/26/2020ApplicationDownloadApplication to the European Court of Human Rights
03/25/2021OrderDownloadCourt communication letter to the Swiss government (in English)
04/26/2021OrderDownloadSubject matter of the case and questions attached to the communication letter (in French)
07/16/2021ReplyDownloadSwiss Government's reply on admissibility and merits
09/21/2021Not AvailableDownloadThird party intervention by the International Commission of Jurists (ICJ) and the Swiss Section of the ICJ
09/22/2021Not AvailableDownloadThird Party Intervention by Altsean-Burma, Comisión Colombiana de Juristas (CCJ), Comité Ambiental en Defensa de la Vida (CADV), The European Center for Constitutional and Human Rights (ECCHR), FIAN International, The Global Initiative for Economic, Social, and Cultural Rights (GIESCR), Human Rights Action (HRA), The international Human Rights Clinic at the University of Virginia School of Law, Layla Hugues, Minority Rights International (MRG), Observatori DESC (ESCR observatory), The Oficina para América Latina de la Coalición Internacional para el Hábitat (HIC-AL), The Women’s Legal Centre (WLC)
09/17/2021Not AvailableDownloadThird Party Intervention by E. Brems of the Human Rights Centre of Ghent University
09/22/2021Not AvailableDownloadThird Party Intervention by ENNHRI – European Network of National Human Rights Institutions
09/17/2021Not AvailableDownloadThird Party Intervention by E. Schmid and V. Boillet of Université de Lausanne (english) (french version)
09/15/2021Not AvailableDownloadThird Party Intervention by Global Justice Clinic, Climate Litigation Accelerator and C. Voigt
09/21/2021Not AvailableDownloadThird Party Intervention by International Commission of Jurists
09/22/2021Not AvailableDownloadThird Party Intervention by S. Seneviratne and A. Fischlin of ETH Zürich
09/21/2021Not AvailableDownloadThird Party Intervention by United Nations High Commissioner for Human Rights
09/15/2021Not AvailableDownloadThird Party Intervention by UN Special Rapporteurs and UN independent expert – M. A. Orellana – D.R. Boyd – C. Mahler
10/13/2021ReplyDownloadPetitioner's reply.
10/13/2021ReplyDownloadReply made on October 13, 2021 by the Swiss Women Ass'n (Part 1 - Summary)
10/13/2021ReplyDownloadReply made on October 13, 2021 by the Swiss Women Ass'n (Part 2 - Observations on the Facts)
10/13/2021ReplyDownloadReply made on October 13, 2021 by the Swiss Women Ass'n (Part 3 - Observations on the Law)
10/13/2021ReplyDownloadReply made on October 13, 2021 by the Swiss Women Ass'n (Part 4 - Request for Just Satisfaction/Request for General Measures)
04/26/2022OrderDownloadRelinquishment of jurisdiction in favor of the Grand Chamber.
12/02/2022PetitionDownloadObservations on the facts, admissibility and the merits by Klimaserioninnen.
12/05/2022Not AvailableDownloadThird party intervention submitted by the Sabin Center for Climate Change Law.
12/05/2022Not AvailableDownloadThird party intervention submitted by Germanwatch, Greenpeace Germany and Scientists for Future.
04/09/2024JudgmentDownloadJudgment from the European Court of Human Rights.
04/09/2024Press ReleaseDownloadPress release from the ECtHR regarding the judgment.      

 





 

GRAND CHAMBER

CASE OF VEREIN KLIMASENIORINNEN SCHWEIZ AND OTHERS v. SWITZERLAND

(Application no. 53600/20)

JUDGMENT
 

Art 34 • Victim • Locus standi• Separate key criteria set out for establishing victim status of individual applicants and locus standi (representation) of associations in climate-change context • Need for effective protection of Convention rights taking into account special features of this phenomenon without undermining the exclusion of actio popularis from the Convention system • In case-circumstances victim-status criteria not fulfilled by individual applicants • Especially high threshold for fulfilling criteria not met (incompatible ratione personae) • Applicant association fulfilled relevant criteria (locus standi) and thus had standing to act on behalf of its members • Importance of collective action and intergenerational burden-sharing in climate-change context

Art 8 • Positive obligations • Private and family life • Respondent State’s failure to comply with positive obligation to implement sufficient measures to combat climate change • Art 8 applicable • Art 8 encompassing a right for individuals to effective protection by the State authorities from the serious adverse effects of climate change on their lives, health, well-being and quality of life • Need to develop a more appropriate and tailored approach as regards the various Convention issues arising in the climate-change context not addressed by Court’s existing environmental case-law • Importance of intergenerational burdensharing • Reduced margin of appreciation as regards State’s commitment combating climate change, its adverse effects and the setting of aims and objectives in this respect • Wide margin of appreciation as to the choice of means designed to achieve those objectives • Contracting State’s primary duty to adopt, and to effectively apply in practice, regulations and measures capable of mitigating the existing and potentially irreversible, future effects of climate change • Enumeration of requirements to which competent authorities need to have due regard • Need for domestic procedural safeguards • Mitigation measures to be supplemented by adaptation measures aimed at alleviating the most serious or imminent consequences of climate-change • Existence of critical lacunae in Swiss authorities’ process of putting in place the relevant domestic regulatory framework • Failure to quantify, through a carbon budget or otherwise, national GHG emission limitations • Failure to act in good time and in an appropriate and consistent manner regarding the devising, development and implementation of the relevant legislative and administrative framework • Wide margin of appreciation exceeded

Art 6 § 1 (civil) • Access to court • Applicability of civil limb concerning the effective implementation of mitigation measures under domestic law • Domestic courts’ failure to engage seriously or at all with applicant association’s action • Lack of convincing reasons for non-examination of merits of complaints • Failure to consider compelling scientific evidence concerning climate change and to examine applicant association’s legal standing • Lack of further legal avenues or safeguards • Very essence of right of access to court impaired • Emphasis on domestic courts’ key role in climate -change litigation and of access to justice in this field

Art 46 • Execution of judgment • General measures • Respondent State to assess specific measures to be taken with the assistance of the Committee of Ministers

 

Prepared by the Registry. Does not bind the Court.

 

STRASBOURG

9 April 2024

 

This judgment is final but it may be subject to editorial revision.

TABLE OF CONTENTS

PROCEDURE

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

A. The applicants’ particular situation

1. The first applicant

2. The second to fifth applicants

(a) The second applicant

(b) The third applicant

(c) The fourth applicant

(d) The fifth applicant

B. Proceedings instituted by the applicants

1. The applicants’ requests to the authorities

2. Proceedings in the Federal Administrative Court

(a) The applicants’ appeal

(b) The FAC’s decision

3. Proceedings in the Federal Supreme Court

(a) The applicants’ appeal

(b) The FSC’s decision

II. FACTS CONCERNING CLIMATE CHANGE

A. Submissions by the applicants

1. General observations on climate change

2. The situation in Switzerland

3. Measures taken by the Swiss authorities

B. Submissions by the Government

1. The first phase

2. The second phase

C. Facts in relation to climate change emerging from the material available to the Court

RELEVANT LEGAL FRAMEWORK AND PRACTICE

I. DOMESTIC LEGAL FRAMEWORK

A. Constitution

B. Federal Act on the Protection of the Environment

C. CO2 Act

D. Climate Act

E. The Federal Administrative Procedure Act

F. Relevant domestic case-law

II. RELEVANT INTERNATIONAL MATERIALS

A. United Nations

1. The system of the United Nations Framework Convention on Climate Change

(a) United Nations Framework Convention on Climate Change

(b) The Kyoto Protocol

(c) The Paris Agreement

(d) COP26 and COP27

(e) COP28

2. The Aarhus Convention

3. The United Nations General Assembly

(a) Resolution on the human right to a clean, healthy and sustainable environment

(b) Other General Assembly material

4. The SecretaryGeneral of the United Nations

5. The Human Rights Council

(a) Resolutions

(b) Special procedures

(i) Special Rapporteur on the promotion and protection of human rights in the context of climate change

(ii) Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment

(iii) Independent expert on human rights and international solidarity

(iv) Independent Expert on the enjoyment of all human rights by older persons

6. The Human Rights Committee

7. Committee on the Elimination of Discrimination against Women

8. Committee on the Rights of the Child

9. Committee on Economic, Social and Cultural Rights

10. Office of the High Commissioner for Human Rights

11. Other developments

B. Council of Europe

1. Parliamentary Assembly of the Council of Europe

2. Committee of Ministers

3. Council of Europe Commissioner for Human Rights

4. Other materials

C. European Union

1. Primary legislation

2. Legislative acts

(a) Concerning GHG emissions

(b) Concerning access to information, public participation and access to justice in environmental matters

3. Caselaw of the Court of Justice and the General Court of the European Union

D. Material from other regional human rights mechanisms

1. Inter-American system

(a) Relevant instruments

(b) The Inter-American Court of Human Rights

(c) The Inter-American Commission on Human Rights

2. African system

III. COMPARATIVE LAW

A. Relevant comparative materials concerning the Aarhus Convention

B. Overview of domestic caselaw concerning climate change

1. France

(a) The Grande-Synthe case

(b) Applications for judicial review seeking to secure compliance with the limit values for concentrations of particulate matter and nitrogen dioxide

(c) Full administrative-law actions seeking to secure compliance with GHG emissions reduction targets

(d) Examples of orders and coercive fines imposed in climate cases

2. Germany

3. Ireland

4. The Netherlands

5. Norway

6. Spain

7. The United Kingdom

8. Belgium

THE LAW

I. PRELIMINARY ISSUES

A. The second applicant

B. Scope of the complaint

1. The parties’ submissions

2. The Court’s assessment

C. Jurisdiction

1. The parties’ submissions

2. The Court’s assessment

D. Compliance with the six-month time-limit

II. INTRODUCTORY REMARKS REGARDING THE COMPLAINTS RAISED IN THE PRESENT CASE

III. ALLEGED VIOLATION OF ARTICLES 2 AND 8 OF THE CONVENTION

A. The parties’ submissions

1. The applicants

(a) Preliminary remarks

(b) Victim status

(i) The applicant association

(ii) Applicants nos. 2-5

(c) Applicability of the relevant Convention provisions

(i) Article 2 of the Convention

(ii) Article 8 of the Convention

(d) Merits

2. The Government

(a) Preliminary remarks

(b) Victim status

(i) The applicant association

(ii) Applicants nos. 2-5

(c) Applicability of the relevant Convention provisions

(i) Article 2 of the Convention

(ii) Article 8 of the Convention

(d) Merits

B. The thirdparty interveners

1. Intervening Governments

(a) The Government of Austria

(b) The Government of Ireland

(c) The Government of Italy

(d) The Government of Latvia

(e) The Government of Norway

(f) The Government of Portugal

(g) The Government of Romania

(h) The Government of Slovakia

2. United Nations High Commissioner for Human Rights

3. United Nations Special Rapporteurs on toxics and human rights; on human rights and the environment; and the Independent Expert on the enjoyment of all human rights by older persons

4. International Commission of Jurists (ICJ) and the ICJ Swiss Section (ICJCH)

5. European Network of National Human Rights Institutions (ENNHRI)

6. The coordinated submission of the International Network for Economic, Social and Cultural Rights (ESCRNet)

7. The Human Rights Centre of Ghent University

8. Professors Evelyne Schmid and Véronique Boillet (University of Lausanne)

9. Professors Sonia I. Seneviratne and Andreas Fischlin (Swiss Federal Institute of Technology Zurich)

10. Global Justice Clinic, Climate Litigation Accelerator and Professor C. Voigt (University of Oslo)

11. ClientEarth

12. Our Children’s Trust, Oxfam France and Oxfam International and its affiliates (Oxfam)

13. Group of academics from the University of Bern (Professors Claus Beisbart, Thomas Frölicher, Martin Grosjean, Karin Ingold, Fortunat Joos, Jörg Künzli, C. Christoph Raible, Thomas Stocker, Ralph Winkler and Judith Wyttenbach, and Doctors Ana M. VicedoCabrera and Charlotte Blattner)

14. Center for International Environmental Law and Dr Margaretha WewerinkeSingh

15. The Sabin Center for Climate Change Law at Columbia Law School

16. Germanwatch, Greenpeace Germany and Scientists for Future

C. The Court’s assessment

1. Preliminary points

2. General considerations relating to climatechange cases

(a) Questions of causation

(b) Issues of proof

(c) Effects of climate change on the enjoyment of Convention rights

(d) The question of causation and positive obligations in the climate-change context

(e) The issue of the proportion of State responsibility

(f) Scope of the Court’s assessment

(g) Relevant principles regarding the interpretation of the Convention

3. Admissibility

(a) Victim status/locus standi (representation)

(i) General principles

(ii) Victim status/locus standi in the climate-change context

(iii) Application of these principles to the present case

(b) Applicability of the relevant Convention provisions

(i) General principles

(ii) Application of these principles to the present case

4. Merits

(a) General principles

(b) The States’ positive obligations in the context of climate change

(i) The States’ margin of appreciation

(ii) Content of the States’ positive obligations

(c) Application of the above principles to the present case

(i) Preliminary remarks

(ii) The respondent State’s compliance with its positive obligations

(iii) Conclusion

IV. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

A. The parties’ submissions

1. The applicants

2. The Government

B. The Court’s assessment

1. Admissibility

(a) Victim status

(b) Applicability of Article 6 § 1 of the Convention

(i) General principles

(ii) Applicability of Article 6 § 1 in the climatechange context

(iii) Application of the above principles and considerations to the present case

2. Merits

(a) General principles

(b) Application of the above principles to the present case

V. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION

VI. APPLICATION OF ARTICLES 41 AND 46 OF THE CONVENTION

A. Article 41 of the Convention

1. Damage

2. Costs and expenses

3. Default interest

B. Article 46 of the Convention

1. The parties’ submissions

2. The Court’s assessment

OPERATIVE PROVISIONS

PARTLY CONCURRING PARTLY DISSENTING OPINION OF JUDGE EICKE

Introduction

Background

The Court’s role and evolutive interpretation

“Victim” status/standing

Article 6 – access to court

Articles 2 and 8 – the creation of a new right

Conclusion

Video Recording Now Available: [Online lecture] “You can’t stop the signal”: From the past to the future of digitally mediated sustainability due diligence?" (8 April 2024) 1630 CEST Asser Institute Spring Academy

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 I am delighted to pass along the link to the video recording of my [Online lecture] “'You can’t stop the signal': From the past to the future of digitally mediated sustainability due diligence?" which was delivered 8 April 2024 as part of the marvelous Asser Institute Spring Academy  Technologies of sustainability due diligence: Digital tools and global value chain regulations

The text of my remarks and the associated PowerPoint may be accessed and downloaded at the following links: ACCESS REMARKS HERE; ACCESS PPT HERE.

The link to the video recording may be accessed here or here [https://youtu.be/6EnBNV1kw2s]. It is also accessible through the Coalition for Peace & Ethics YouTube Channel in the Conference Presentations Playlist. 


陈凯华 郭锐 面向数字化绿色化转型发展新质生产力 [Chen Kaihua Guo Rui: "Facing digital and green transformation to develop new productive forces"], Drones, and the Russo-Ukraine War

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Pix Credit here (1954, Concentrate the Major Force in Developing Heavy Industry)

 

The issue of the identification of productive forces, and their instrumentalization towards the fundamental task of the Chinese Communist Party has been at the center of Chinese Leninist theory since before the CPC became the ruling party of the PRC.  It continues to have substantial repercussions--not merely for the alignment of theory and policy, but for its geo-political effects of its implementation.

In the move from the Era of Reform and Opening Up to the New Era of historical development, the character of productive forces, and the role of the vanguard in guiding that development and shaping that character has been changing in substantial respect. Among the most interesting has been the broadening of the notion of productive forces to expand beyond economic, to social, cultural, and managerial.  Recently, two other principles have become important.  One is subsumed within broad theoretical principles of innovation. The other embraces the emerging theoretical structures of ecological civilization.  Recently these have increasingly been aligned. And that alignment has proven to produce some potentially significant side effects of value to China.

One gets a good sense of the arc of that development in a recently published essay:  陈凯华 郭锐 面向数字化绿色化转型发展新质生产力 [Chen Kaihua Guo Rui: "Facing digital and green transformation to develop new productive forces"], which was published on 9 April 2024 in the《光明日报》[Guangming Daily]. The article provides a flavor of the emerging approaches, and more importantly, what sorts of initiatives are increasingly grouped together for networked development. The role of AI and generative big data tech is an important element--one not constrained by the premise system that characterizes European law making.

The essay appears below in its original Chinese and in a crude English translation.

Ordinarily one might find this essay to have only a curious resonance with events in the real world.  And yet, at about the time I was reading this I also read a most curious story published on the front pages of the Wall Street Journal: Heather Somerville and Brett Forrest, "U.S. Made Drones have Largely Failed in Ukraine Combat," (WSJ 11 April 2024, p. A1) (Online as "How American Drone Failed to Turn the Tide in Ukraine".  And this:

In the first war to feature small drones prominently, U.S. companies still have no meaningful presence. Made-in-America drones tend to be expensive, glitchy and hard to repair, said drone company executives, Ukrainians on the front lines, Ukrainian government officials and former U.S. defense officials. Instead, Ukraine has tuned to cheaper Chinese products. . . The military is using off-the-shelf Chinese drones, primarily from SZ DJI Technology. Ukraine has also developed a domestic drone industry that relies on Chinese components." (Ibid, pp. A1, A7).

One can only wonder, in this context,  whether about many things. But primarily one notes that the alignment of ideology, policy, and implementation appears to be better aligned outside the United States than within our Republic.  That ought to cause those responsible techno-managers and their overseers (policy, finance, tech) some concern. And, as a side note, it appears to complicate the position of China in the Russo-Ukrainian war.


Pix credit here

 

 

面向数字化绿色化转型发展新质生产力
作者:陈凯华 郭锐
《光明日报》( 2024年04月09日 06版)

  习近平总书记强调,“发展新质生产力是推动高质量发展的内在要求和重要着力点,必须继续做好创新这篇大文章,推动新质生产力加快发展”。新质生产力的发展与经济社会高质量发展的需求一脉相承,需要新的发展动力和方式,数字化绿色化作为新一轮科技革命和产业变革深入发展的两大趋势深度满足了这一时代发展需求。数字化绿色化转型能够加速高质量发展动力变革、方向变革、能力变革和效率变革,成为发展新质生产力和推动高质量发展的必然选择。新质生产力的发展需求也将进一步带动系统性的数字化绿色化转型,推进现代化产业体系建设。要顺应数字化绿色化发展大势,加快发展新质生产力,不断塑造发展新动能新优势。

1.数字化绿色化转型为形成新质生产力提供重要动能

  习近平总书记指出,新质生产力是创新起主导作用,摆脱传统经济增长方式、生产力发展路径,具有高科技、高效能、高质量特征,符合新发展理念的先进生产力质态。数字化绿色化转型与科技体系、产业体系深度融合,能够为新质生产力筑牢科技创新和产业转型基础,系统性推动新质生产力发展的动力变革与方向变革。

  数字化转型促使数字科技和数字产业深度融入生产生活各领域,为发展新质生产力提供了新动力和新工具。新质生产力呈现典型的科技创新驱动特征。数字技术作为新时期的通用使能技术,能够推动科技体系实现螺旋式上升、可持续迭代优化的全面变革。数字化转型下数字技术与各领域科技创新交叉融合,能够不断催生新技术、新产业、新模式和新动能,促进以科技创新为引擎的新质生产力发展。同时,数字科技发展和应用已形成包括工业互联网、智能传感设备、云计算等在内的生产资料,塑造“数字+”“智慧+”“智能+”等新型场景及应用空间,是推动产业结构高端化、形成新时期战略性新兴产业和未来产业的关键基础。数字科技也能够赋予传统生产资料以数字化属性,加速劳动资料在生产各环节深度融合,促进资源要素快速流动和高效匹配,进而推动生产力的跃迁。此外,数字科技支撑下的知识、技术和数据等新型生产要素地位日益提升,尤其是“数据要素×”“人工智能+”广泛赋能千行百业,衍生出新型的数据生产力,已成为新质生产力的重要源泉。

  绿色化转型中引领生产生活节能减排降碳的绿色科技和发展理念,为发展新质生产力提供了重要发展方向。新质生产力顺应了全球绿色转型的大趋势和新需求,具备可持续的内在特征。绿色发展理念与科技体系的深度融合能够为加快发展方式绿色转型奠定科技创新基础,先进绿色低碳科技创新的推广应用则是发展绿色低碳产业和供应链、构建绿色低碳循环经济体系的基石。绿色化转型下,通过综合应用绿色低碳科技创新、绿色生产力工具和生态环境管理技术,能够在减少组织活动、产品和服务对环境影响的同时,提升市场竞争力和经济收益,从而实现生产力发展与经济社会可持续发展,最终推动新质生产力的持续涌现。

  数字化绿色化融合转型为发展新质生产力提供了更加前沿原创的科技创新基础和新领域新赛道。新质生产力由技术革命性突破、生产要素创新性配置和产业深度转型升级而催生。数字化绿色化转型表现为既要提高创新效能、改进生产力与生产关系,又要兼顾改善生态环境、提升创新活动可持续性,不仅强调数字与绿色科技创新应用场景和功能发挥互相渗透,而且注重转型特定产业、政策等深度融合,是创新体系多层级协同的系统性过程。数字化绿色化转型在科技层面的耦合,能够进一步产生新的科学发现、新的制造技术以及新的生产工具和生产要素,为发展新质生产力奠定科技创新和生产基础。

2.以新质生产力带动产业结构升级

  新质生产力强调以现代科学和关键核心技术来突破产业发展中的桎梏,对发展动力、发展方式变革的迫切需求及发展带来的生产力跃迁能够进一步推动产业发展智能化、低碳化和融合化,加速带动系统性的数字化绿色化转型,有利于加快实现产业结构升级、构建现代化产业体系。

  新质生产力的发展能够加速带动产业发展智能化。新质生产力发展对原创性、颠覆性科技创新的需求日益紧迫,将持续刺激数字技术涌现并与其他领域技术融合,加快产业化进程。新质生产力强调劳动者素质的提高和劳动资料的升级换代,其发展将衍生出更高水平的人才资源和生产工具,能够更加高效地与以自动化和数字化为主的智能制造、先进制造体系协同,进一步推进产业体系的数字化转型。此外,新质生产力的发展促使产生新型数字化商业运营模式,例如平台经济、云服务、个性定制等,能够进一步提高数字化新型产品的流通数量和流通效率、满足消费者的差异化需求,推动供需对接更加精准、高效,为经济社会高质量发展奠定生产力基础。

  新质生产力的发展能够加速带动产业发展低碳化。新质生产力本身就是绿色生产力,其核心要求之一就是加快发展方式绿色转型,这一需求将有效引导创新主体加快绿色低碳科技创新和应用,引领产业结构绿色化转型升级。同时,新质生产力涉及的科技领域新、技术含量高,能够衍生出更多具有绿色化特质的生产工具,推动传统制造的工艺优化和设备改造升级,使得生产方式和流程更加绿色高效,进一步加速产业绿色化。随着人类研究探索更多非物质性的新劳动对象,新质生产力不断拓展劳动对象的类型和实践场域,优化劳动资料的成分与结构,也能够减少对自然资源的过度使用。

  新质生产力的发展能够加速带动产业发展融合化。新质生产力更加强调构建现代化产业体系,这一需求将持续刺激以数字科技和绿色科技融合为代表的新兴产业、未来产业融合,引导转型产业进一步向价值链高端延伸。同时,新质生产力的发展带来生产力跃迁和生产方式变革,能够进一步加速数字科技、绿色科技、数据等新型生产要素与其他新兴产业、未来产业交叉融合,推动新技术新业态加速涌现,从而实现生产效率和经济规模的倍增。

3.发展新质生产力需要系统谋划、协同发力

  面向数字化绿色化转型发展新质生产力是一项系统工程,对科学研究、技术开发、市场转化等方面变革提出了更高要求,应从科技支撑、产业优化、区域协调和制度保障等多维度系统谋划、协同发力。

  推动数字化绿色化转型与科技创新融合,为新质生产力发展提供科技支撑。一是引领创新主体发展综合性前沿科技创新。目前部分创新主体仍专注于孤立地追求数字化转型,尚未意识到数字科技能耗对环境成本和经营成本的影响。应打通从数字科技研发到绿色低碳应用的创新链环节,促进更多低能耗、高能效的数字与绿色综合性技术投入实践应用。二是以科学的战略预见应对转型发展中的技术方向性问题。应确定转型发展路线图并优先考虑重点领域和新型赛道,设置推动未来可持续发展的数字化绿色化科技发展议程,为转型提供前沿科技储备。三是进一步优化学科体系和人才培养模式。开展面向转型需求的基础性科学研究与应用研究,推动科研部门与产业部门实现供需精准对接。强化数字资源和技能学习平台供给,提高面向转型的人才链与创新链、产业链的融合水平,为新质生产力发展奠定人才基础。

  加速推进产业体系数字化绿色化转型,为新质生产力发展提供落地载体。一方面,利用数字融合改善传统产业,应用物联网、大数据分析和人工智能等技术,实现传统产业生产过程的数字化管理和自动化、智能化控制,推动传统产业向智能制造转变。同时,通过支持绿色低碳发展的经济政策工具箱,加快推动传统制造工艺、设备和劳动密集型行业的绿色化改造,实现从绿色采购、绿色制造到回收利用的全供应链焕新,构建绿色低碳循环经济体系。另一方面,更加关注数字产业的绿色化,对区块链、大模型等产业的高耗能算力与生产流程进行优化,促进数字产业的绿色低碳发展。在科技创新的基础上,前瞻布局相关产业体系,推动新质生产力进一步落地。

  加强区域数字化绿色化转型协调布局,为新质生产力发展提供资源支持。一方面,结合不同区域的经济发展特色和禀赋优势,科学规划数字化绿色化转型的区域布局。加强中西部地区的数字基础设施建设,进一步完善“东数西算”工程,强化东中西部的数字化绿色化科技创新合作。另一方面,以基层工业园区转型为抓手,加快推动新质生产力涌现。量大面广的基层工业园区是我国推进新型工业化、发展新质生产力的关键着力点。应面向数字化绿色化转型需求,因地制宜地制定园区发展战略,推动园区主导产业建设与地方资源禀赋优势、区域发展定位深度融合,走专精特新的发展道路,构建现代化产业体系。

  强化数字化绿色化转型政策体系供给,为新质生产力发展提供制度保障。一方面,政府与市场协同发力。政府应在数字化转型中更多发挥强化主体合作与监管的作用,在绿色化转型中更多起到激励市场创新主体转型与发展的作用,从而有效激发创新主体的科技创新活力和产业转化动力。另一方面,加强治理体系统筹与主体协同。数字化绿色化转型涉及多个科技创新部门,对工信、网信、环保、能源、交通等行业管理部门提出了新的更高要求。应加强顶层设计,构建统筹转型的协调机制,充分调动各部门、各层级政府推动转型的积极性,为发展新质生产力营造良好环境。

  (作者:陈凯华、郭锐,分别系中国科学院大学公共政策与管理学院长聘体系特聘教授、特别研究助理)


Facing digital and green transformation to develop new productive forces
Author: Chen Kaihua Guo Rui
"Guangming Daily" (Page 06, April 9, 2024)

General Secretary Xi Jinping emphasized that “the development of new productive forces is an intrinsic requirement and an important focus for promoting high-quality development. We must continue to do a good job in innovation and promote the accelerated development of new productive forces.” The development of new productive forces is in line with the demand for high-quality economic and social development and requires new development motivation and methods. Digital greening, as the two major trends of a new round of scientific and technological revolution and in-depth industrial transformation, deeply meets the development needs of this era. Digital green transformation can accelerate the change in motivation, direction, capability and efficiency of high-quality development, and has become an inevitable choice for developing new productive forces and promoting high-quality development. The development needs of new productive forces will also further drive systematic digital green transformation and promote the construction of a modern industrial system. We must conform to the general trend of digital and green development, accelerate the development of new productive forces, and constantly create new drivers of development and new advantages.

1. Digital green transformation provides important driving force for the formation of new productivity

General Secretary Xi Jinping pointed out that new productivity is an advanced productivity that plays a leading role in innovation, breaks away from the traditional economic growth mode and productivity development path, has the characteristics of high technology, high efficiency and high quality, and conforms to the new development concept. The deep integration of digital green transformation with the technological system and industrial system can lay a solid foundation for technological innovation and industrial transformation for new productive forces, and systematically promote the change in power and direction of the development of new productive forces.

 Digital transformation has promoted the deep integration of digital technology and digital industries into all areas of production and life, providing new impetus and new tools for the development of new productivity. New productivity shows typical characteristics driven by technological innovation. As a universal enabling technology in the new era, digital technology can promote the scientific and technological system to achieve comprehensive changes in a spiral and sustainable iterative optimization. Under digital transformation, the cross-integration of digital technology and scientific and technological innovation in various fields can continuously generate new technologies, new industries, new models and new drivers, and promote the development of new productive forces with scientific and technological innovation as the engine. At the same time, the development and application of digital technology has formed production materials including the industrial Internet, intelligent sensing equipment, cloud computing, etc., shaping new scenarios and application spaces such as "digital +", "smart +" and "intelligent +", which is the driving force behind the industry. The high-end structure will form the key foundation for strategic emerging industries and future industries in the new era. Digital technology can also give digital attributes to traditional production materials, accelerate the in-depth integration of labor materials in all aspects of production, promote the rapid flow and efficient matching of resource elements, and thereby promote the leap in productivity. In addition, the status of new production factors such as knowledge, technology and data supported by digital technology is increasing day by day. In particular, "data factors ×" and "artificial intelligence +" have widely empowered thousands of industries, derived new data productivity, and have become new quality important source of productivity.

 Green technology and development concepts that lead to energy conservation and emission reduction in production and life during the green transformation provide an important development direction for the development of new productivity. New quality productivity complies with the global green transformation trend and new needs, and has inherent sustainable characteristics. The deep integration of green development concepts and scientific and technological systems can lay the foundation for scientific and technological innovation to accelerate the green transformation of development methods. The promotion and application of advanced green and low-carbon scientific and technological innovation is the cornerstone of developing green and low-carbon industries and supply chains, and building a green and low-carbon circular economic system. . Under the green transformation, through the comprehensive application of green and low-carbon technological innovation, green productivity tools and ecological environment management technology, it can reduce the environmental impact of organizational activities, products and services while improving market competitiveness and economic returns, thereby achieving productivity development. and sustainable economic and social development, ultimately promoting the continued emergence of new productive forces.

  Digital green integration and transformation provide a more cutting-edge and original scientific and technological innovation foundation and new fields and new tracks for the development of new productive forces. New productivity is generated by revolutionary breakthroughs in technology, innovative allocation of production factors, and in-depth industrial transformation and upgrading. Digital green transformation requires not only improving innovation efficiency, improving productivity and production relations, but also taking into account improving the ecological environment and enhancing the sustainability of innovation activities. It not only emphasizes the interpenetration of digital and green technology innovation application scenarios and functions, but also focuses on transformation The deep integration of specific industries and policies is a systematic process of multi-level collaboration in the innovation system. The coupling of digital green transformation at the technological level can further produce new scientific discoveries, new manufacturing technologies, and new production tools and production factors, laying the foundation for technological innovation and production for the development of new productivity.

2. Promote the upgrading of industrial structure with new quality productivity

New productivity emphasizes the use of modern science and key core technologies to break through the shackles of industrial development. The urgent need for development momentum, changes in development methods, and the productivity jump brought about by development can further promote the intelligent, low-carbon, and integrated industrial development. Accelerating the systematic digital green transformation will help accelerate the upgrading of industrial structure and build a modern industrial system.

  The development of new productive forces can accelerate the development of smart industries. The development of new productive forces has an increasingly urgent need for original and disruptive technological innovation, which will continue to stimulate the emergence of digital technologies and their integration with technologies in other fields, accelerating the industrialization process. New quality productivity emphasizes the improvement of workers' quality and the upgrading of labor materials. Its development will generate higher-level human resources and production tools, which can more efficiently cooperate with intelligent manufacturing and advanced manufacturing systems based on automation and digitalization. , to further promote the digital transformation of the industrial system. In addition, the development of new productivity has led to the emergence of new digital business operation models, such as platform economy, cloud services, personalized customization, etc., which can further increase the circulation quantity and efficiency of new digital products, meet the differentiated needs of consumers, and promote the connection between supply and demand. More accurate and efficient, laying a productivity foundation for high-quality economic and social development.

 The development of new productive forces can accelerate the development of low-carbon industries. New productivity itself is green productivity, and one of its core requirements is to accelerate the green transformation of development methods. This requirement will effectively guide innovative entities to accelerate the innovation and application of green and low-carbon technologies, and lead the green transformation and upgrading of industrial structures. At the same time, new quality productivity involves new and high-tech fields in science and technology, which can generate more production tools with green characteristics, promote process optimization and equipment transformation and upgrading of traditional manufacturing, make production methods and processes more green and efficient, and further accelerate Greening the industry. As human research explores more non-material new labor objects, new qualitative productivity continues to expand the types and practical fields of labor objects, optimize the composition and structure of labor materials, and also reduce the excessive use of natural resources.

  The development of new productive forces can accelerate the integration of industrial development. New productivity puts more emphasis on building a modern industrial system. This demand will continue to stimulate the integration of emerging industries and future industries represented by the integration of digital technology and green technology, and guide the transformation of industries to further extend to the high end of the value chain. At the same time, the development of new productive forces has brought about productivity leaps and changes in production methods, which can further accelerate the cross-integration of new production factors such as digital technology, green technology, and data with other emerging and future industries, promote the accelerated emergence of new technologies and new business forms, and thus achieve Multiplication of production efficiency and economies of scale.

3. Developing new productive forces requires systematic planning and coordinated efforts

The development of new productivity in the face of digital and green transformation is a systematic project, which puts forward higher requirements for changes in scientific research, technology development, market transformation and other aspects. It should be systematically planned from multiple dimensions such as scientific and technological support, industrial optimization, regional coordination and institutional guarantees. , work together.

  Promote the integration of digital green transformation and technological innovation to provide technological support for the development of new productivity. The first is to lead innovation entities to develop comprehensive cutting-edge scientific and technological innovation. At present, some innovation entities are still focused on pursuing digital transformation in isolation, and have not yet realized the impact of digital technology energy consumption on environmental costs and operating costs. We should open up the innovation chain from digital technology research and development to green and low-carbon applications, and promote the practical application of more low-energy, high-energy-efficiency digital and green comprehensive technologies. The second is to use scientific strategic foresight to deal with technological direction issues in transformation and development. A roadmap for transformation and development should be determined and priority should be given to key areas and new tracks, a digital green technology development agenda that promotes future sustainable development should be set, and cutting-edge technology reserves should be provided for transformation. The third is to further optimize the subject system and talent training model. Carry out basic scientific research and applied research oriented to transformation needs, and promote scientific research departments and industrial departments to achieve accurate docking of supply and demand. Strengthen the supply of digital resources and skills learning platforms, improve the integration level of the transformation-oriented talent chain, innovation chain, and industrial chain, and lay a talent foundation for the development of new quality productivity.

Accelerate the digital and green transformation of the industrial system and provide a carrier for the development of new productive forces. On the one hand, digital integration is used to improve traditional industries, and technologies such as the Internet of Things, big data analysis, and artificial intelligence are applied to realize digital management, automation, and intelligent control of the production process of traditional industries, and promote the transformation of traditional industries into intelligent manufacturing. At the same time, through the economic policy toolbox that supports green and low-carbon development, we will accelerate the green transformation of traditional manufacturing processes, equipment and labor-intensive industries, realize the renewal of the entire supply chain from green procurement, green manufacturing to recycling, and build a green Low-carbon circular economic system. On the other hand, it pays more attention to the greening of the digital industry, optimizing the energy-consuming computing power and production processes of industries such as blockchain and large models to promote the green and low-carbon development of the digital industry. On the basis of scientific and technological innovation, we will proactively lay out relevant industrial systems and promote the further implementation of new productive forces.

  Strengthen the coordinated layout of regional digital green transformation and provide resource support for the development of new quality productivity. On the one hand, scientifically plan the regional layout of digital green transformation by combining the economic development characteristics and endowment advantages of different regions. Strengthen the construction of digital infrastructure in the central and western regions, further improve the "Eastern Digital and Western Counting" project, and strengthen digital, green and technological innovation cooperation in the eastern, central and western regions. On the other hand, we should use the transformation of grassroots industrial parks as a starting point to accelerate the emergence of new productive forces. Large-scale grassroots industrial parks are a key focus for my country to promote new industrialization and develop new productive forces. We should face the needs of digital green transformation, formulate park development strategies according to local conditions, promote the deep integration of the park's leading industry construction with local resource endowment advantages and regional development positioning, take a specialized and new development path, and build a modern industrial system.

 Strengthen the supply of digital and green transformation policy systems to provide institutional guarantees for the development of new-quality productive forces. On the one hand, the government and the market work together. The government should play a greater role in strengthening the cooperation and supervision of entities in the digital transformation, and play a greater role in stimulating the transformation and development of market innovation entities in the green transformation, thereby effectively stimulating the scientific and technological innovation vitality and industrial transformation motivation of innovative entities. On the other hand, we need to strengthen the coordination of governance systems and coordination among entities. Digital green transformation involves multiple scientific and technological innovation departments, and has put forward new and higher requirements for industry management departments such as industry and information technology, network information, environmental protection, energy, and transportation. We should strengthen top-level design, build a coordination mechanism for overall transformation, fully mobilize the enthusiasm of various departments and governments at all levels to promote transformation, and create a good environment for the development of new productivity.

  (Authors: Chen Kaihua and Guo Rui are respectively Distinguished Professor and Special Research Assistant of the School of Public Policy and Management, University of Chinese Academy of Sciences)


Keren Wang: "Constitutional Dynamics in China-Taiwan Relations: A Historical and Comparative Analysis" Presentation at Emory International Law Review Symposium, Disputed Territories Across the Globe

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I was delighted to have been able to attend Keren Wang's presentation entitled "Constitutional Dynamics in China-Taiwan Relations: A Historical and Comparative Analysis" prepared for the Emory International Law Review 2024 Symposium: Disputed Territories Across the Globe: A Future of Peace or Change?, 13 April 2024 which was held at the Emory University School of Law. 

Dr. Wang provided a refreshingly sophisticated comparative analysis of the constitution of the constitutions of the PRC and Taiwan (originally for the RoC) drawing from the run up to the consultative conference of 1946, and reaching back to its ideological origins from the end of the Qing dynasty and Sun Yat-sen's revolutionary vision. Though that vision eventually fractured in a CPC and a KMT variants, their congruence and differences  provide an important window on Chinese constitutional discourse and its ideological expressions. It was a marvelous presentation.

With Dr Wang's permission I am sharing the presentation PPT which provides a good overview of the remarks, along with a snippet video of the presentation itself. The PPT and link to the snippet follow below. Link to an English language version of the 1946 constitution here. Link to the English language version of the 1949 Common Program of the Chinese People's Political Consultative Conference here.

 Keren Wang (PhD Penn State) is the American Council of Learned Societies (ACLS) Emerging Choices Fellow at Emory University's Dept. of Russian and East Asian Languages and Cultures.

 











Interesting Articles Recently Published in Qiushi 《求是》2024(8)

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There are a number of quite interesting articles in the most recent issue of Qiushi 《求是》2024(8). In addition to their substance, there is much to be learned by the choices of what was published. The Introduction to the issue provides a nice summary (in the original Chinese and an English translation). The table of content with links follows.

 Introduction to this issue
Source: "Qiushi" 2024/08 2024-04-16 09:00:00

This issue publishes an important article by General Secretary Xi Jinping "Strengthening the Protection and Inheritance of Cultural Heritage and Promoting China's Excellent Traditional Culture." The article emphasizes that cultural relics and cultural heritage carry the genes and blood of the Chinese nation and are non-renewable and irreplaceable relics of outstanding Chinese civilization's resources. * * *

This journal distributes an editorial article "Creating New Glory of Chinese Culture in the Continuous Historical Context" that studies the important articles of General Secretary Xi Jinping.

Focusing on the study, publicity and implementation of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the spirit of General Secretary Xi Jinping’s important articles, this journal published articles by Ni Hong, Li Qun, and the Dunhuang Research Institute, respectively, on how to do a solid job in the new era under the guidance of Xi Jinping’s cultural thoughts. Explain the current urban and rural historical and cultural protection and inheritance work, strengthen the protection and utilization of cultural relics and the protection and inheritance of cultural heritage, and continue to protect Dunhuang cultural heritage. Articles by the Party Leadership Group of the Supreme People's Court of the Communist Party of China, studying and implementing Xi Jinping's Thought on the Rule of Law, and explaining how to modernize judicial work to support and serve Chinese modernization. Chen Yixin's article summarizes the historic achievements in national security work in the 10 years since the overall national security concept was put forward, and explains the study and implementation of the overall national security concept. Nobunaga Star's article introduces Jiangsu's learning and implementation of the overall national security concept and ensuring high-quality development with high-level security. An article by the Party Committee of the State-owned Assets Supervision and Administration Commission of the State Council explains the innovative development of a state-owned assets supervision system with Chinese characteristics. Zhang Hongzhi's article elaborates on the contemporary value and historical significance of "the second combination". The article by the China Agricultural University Committee of the Communist Party of China tells the story of the science and technology courtyard's efforts to improve people's livelihood, cultivate knowledge, and educate talents. The National Bureau of Statistics released a statistical chart of economic and social development: China's manufacturing purchasing managers index indicators.
本期导读
来源:《求是》2024/08 2024-04-16 09:00:00

  本期发表了习近平总书记的重要文章《加强文化遗产保护传承 弘扬中华优秀传统文化》。文章强调,文物和文化遗产承载着中华民族的基因和血脉,是不可再生、不可替代的中华优秀文明资源。* * *

  本刊配发了学习习近平总书记重要文章的编辑部文章《在赓续历史文脉中铸就中华文化新辉煌》。

  围绕学习宣传贯彻习近平新时代中国特色社会主义思想和习近平总书记重要文章精神,本期刊发了倪虹、李群、敦煌研究院的文章,分别对以习近平文化思想为指导,扎实做好新时代城乡历史文化保护传承工作、加强文物保护利用和文化遗产保护传承、赓续守护敦煌文化遗产作出阐释。中共最高人民法院党组的文章,学习贯彻习近平法治思想,阐释以审判工作现代化支撑和服务中国式现代化。陈一新的文章,总结总体国家安全观提出10年来国家安全工作取得的历史性成就,对学习贯彻总体国家安全观作出阐释。信长星的文章,介绍江苏学习贯彻总体国家安全观、以高水平安全保障高质量发展情况。国务院国资委党委的文章,对创新发展中国特色国有资产监管体制作出阐释。张宏志的文章,阐述“第二个结合”的时代价值与历史意义。中共中国农业大学委员会的文章,讲述科技小院解民生、治学问、育英才的故事。国家统计局发布了经济社会发展统计图表:中国制造业采购经理指数各指标情况。


 

目 录

  本期导读

  加强文化遗产保护传承 弘扬中华优秀传统文化 /习近平

  在赓续历史文脉中铸就中华文化新辉煌 /本刊编辑部

  扎实做好新时代城乡历史文化保护传承工作 /倪 虹

  让文物和文化遗产绽放时代光彩 /李 群

  赓续守护,让千年文化瑰宝璀璨依旧 /敦煌研究院

  学思践悟习近平法治思想 以审判工作现代化支撑和服务中国式现代化 /中共最高人民法院党组

  全面贯彻总体国家安全观 /陈一新

  以高水平安全保障高质量发展 /信长星

  不断创新发展中国特色国有资产监管体制 /国务院国资委党委

  深刻理解“第二个结合”的时代价值与历史意义 /张宏志

  解民生、治学问、育英才的科技小院 /中共中国农业大学委员会

  经济社会发展统计图表:中国制造业采购经理指数各指标情况 /国家统计局

  国家级反恐拳头部队“猎鹰突击队”(英模人物)

 

Table of contents


Introduction to this issue

Strengthen the protection and inheritance of cultural heritage and carry forward China’s excellent traditional culture/Xi Jinping

​Creating new brilliance of Chinese culture in the ongoing historical context/Editorial Department of this Journal

Do a solid job in protecting and inheriting urban and rural historical culture in the new era / Ni Hong

Let cultural relics and cultural heritage shine with the glory of the times / Li Qun

Continuously guard and keep the thousand-year-old cultural treasures as bright as ever/Dunhuang Academy

Study, think and practice Xi Jinping’s Thought on the Rule of Law and support and serve Chinese-style modernization with the modernization of judicial work / Party Group of the Supreme People’s Court of the Communist Party of China

Comprehensively implement the overall national security concept/Chen Yixin

Ensure high-quality development with high-level security/Nobunaga Star

Continuously innovate and develop the state-owned assets supervision system with Chinese characteristics/Party Committee of the State-owned Assets Supervision and Administration Commission of the State Council

Deeply understand the contemporary value and historical significance of the "second combination" / Zhang Hongzhi

A science and technology courtyard that addresses people's livelihood, cultivates knowledge, and educates talents/China Agricultural University Committee of the Communist Party of China

Economic and social development statistical chart: China's manufacturing purchasing managers index indicators / National Bureau of Statistics

National anti-terrorism fist force "Falcon Commandos" (heroic model)

国务院国资委党委: 不断创新发展中国特色国有资产监管体制 [Party Committee of the State-owned Assets Supervision and Administration Commission of the State Council: Continuously innovate and develop the state-owned assets supervision system with Chinese characteristics]

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图为2024年3月14日,青海盐湖工业股份有限公司钾肥分公司的采盐船在盐湖作业。 新华社记者 陈杰/摄 The picture shows a salt mining ship of the Potash Fertilizer Branch of Qinghai Salt Lake Industry Co., Ltd. operating in the salt lake on March 14, 2024. Xinhua News Agency reporter Chen Jie/photo

 

Issue 8 (224) of the Journal Qiushi 《求是》2024(8) included an article worth a little study. In  国务院国资委党委:   不断创新发展中国特色国有资产监管体制 [Party Committee of the State-owned Assets Supervision and Administration Commission of the State Council: Continuously innovate and develop the state-owned assets supervision system with Chinese characteristics] one has a quite interesting statement about the way in which state assets, organized as State Owned or Controlled Enterprises are at once embedded within Party governance structures, state oversight apparatus, and complementary socialist market operations. That is how Chinese SOEs must serve as the economic expression of vanguard leadership, managed through state organs , but which are, at the same time, to be run efficiently and make money, while at the same time contributing to core vanguard objectives--among them innovation, high quality development, ecological civilization, and integrity.

That sets up some binaries. For example, on the one hand

新征程上,国有企业承担的责任更加重大、使命更加光荣,必须坚决把加强党的领导党的建设贯穿国有资产监管全过程、各方面,切实把政治优势、制度优势转化为发展优势、竞争优势,推动国有企业更好地成为我们党赢得具有许多新的历史特点的伟大斗争胜利的重要力量。On the new journey, state-owned enterprises bear more important responsibilities and more glorious missions. They must resolutely strengthen party leadership and party building throughout the entire process and all aspects of state-owned assets supervision, and effectively transform political and institutional advantages into development and competitive advantages, to promote state-owned enterprises to better become an important force for our party to win the victory of the great struggle with many new historical characteristics.

And on the other:

坚持社会主义市场经济改革方向,持续深化政企分开、政资分开。坚持社会主义市场经济改革方向,是国有企业改革始终不能动摇的重大原则, Adhere to the direction of socialist market economic reform and continue to deepen the separation of government from enterprises and the separation of government from capital. Adhering to the direction of socialist market economic reform is an important principle that cannot be shaken in the reform of state-owned enterprises.

The bridge, it seems, is bound up in the leadership of the vanguard.  And that leadership at the level of the enterprise, is embedded in the SOE Party Committee, but perhaps more importantly in the alignment of party, supervision, and business functions within the bodies of a substantially overlapping leading group.

坚持服务国家战略的责任担当,推动国有企业实现经济责任、政治责任、社会责任相统一。国有企业是中国特色社会主义经济的顶梁柱,必须自觉服务党和国家工作大局。推动国有企业坚决落实国家重大战略,是国有资产监管工作的重要职责。Adhere to the responsibility of serving the national strategy and promote the unity of economic, political and social responsibilities of state-owned enterprises. State-owned enterprises are the backbone of the socialist economy with Chinese characteristics and must consciously serve the overall work of the party and the country. Promoting state-owned enterprises to resolutely implement major national strategies is an important responsibility of state-owned assets supervision. 

The essay follows below in the original Chinese and in a crude English translation.

 

不断创新发展中国特色国有资产监管体制

来源:《求是》2024/08 作者:国务院国资委党委 2024-04-16 09:00:00

不断创新发展中国特色国有资产监管体制

国务院国资委党委

  党的十八大以来,以习近平同志为核心的党中央高度重视国有资产监管工作,习近平总书记发表一系列重要讲话、作出一系列重要指示批示,有力推动国有资产监管理论创新、实践创新、制度创新,逐步探索形成了具有中国特色的国有资产监管体制。这一体制坚持以习近平总书记关于国有企业改革发展和党的建设重要论述为统领,既遵循市场经济规律、企业发展规律,又反映我国国情和国有企业实际情况,为推动国有企业高质量发展提供了有力保障,是社会主义市场经济的重要创新。我们必须牢牢把握我们党领导和发展国有企业的基本立场、重大原则、方法路径,在新的实践中不断创新发展中国特色国有资产监管体制。

  坚持把党的全面领导作为总原则,发挥国有企业党的建设政治优势。坚持党的领导、加强党的建设,是国有企业的“根”和“魂”,是我国国有企业的光荣传统和独特优势。没有党的坚强领导,没有国有企业各级党组织长期努力,没有国有企业广大党员干部职工不懈奋斗,就没有国有企业的今天。加强国有资产监管,必须推动国有企业更好地坚持党的领导、加强党的建设。

  党的十八大以来特别是全国国有企业党的建设工作会议以来,国资国企旗帜鲜明加强党的全面领导,坚持把政治建设摆在首位,深化落实“第一议题”、“看齐对标”制度。国务院国资委常态化开展贯彻落实习近平总书记重要指示批示情况“回头看”,在完善公司治理中加强党的领导,中央企业集团层面及1.26万户重要子企业全面制定党委(党组)前置研究事项清单,连续7年开展党建责任制考核,持续完善党建工作格局,党建标准化、规范化水平不断提高。经过多年努力,国有企业管党治党意识和责任明显增强,党的领导弱化、党的建设缺失状况明显改观,企业面貌、队伍面貌、改革发展面貌都发生了具有根本性的显著变化。

  新征程上,国有企业承担的责任更加重大、使命更加光荣,必须坚决把加强党的领导党的建设贯穿国有资产监管全过程、各方面,切实把政治优势、制度优势转化为发展优势、竞争优势,推动国有企业更好地成为我们党赢得具有许多新的历史特点的伟大斗争胜利的重要力量。健全做到“两个维护”的制度机制,深化贯彻落实习近平总书记重要指示批示精神示范点建设,健全“政治要件”全链条落实机制,坚决把党中央部署的重大任务落到实处。坚持“两个一以贯之”,不断完善中国特色现代企业制度,进一步推动实现党的领导与公司治理有机统一。夯实党建基层基础,加强企业领导班子和干部人才队伍建设,推进党建和业务工作深度融合,进一步提升企业基层党组织政治功能和组织功能,更好发挥战斗堡垒作用。

  坚持社会主义市场经济改革方向,持续深化政企分开、政资分开。坚持社会主义市场经济改革方向,是国有企业改革始终不能动摇的重大原则,政企分开、政资分开是推动国有企业与社会主义市场经济融合的有效制度设计。回顾改革开放以来国资国企改革历程,从放权让利、承包经营,到建立现代企业制度,再到成立国有资产监管机构,把国资监管职能从政府行政管理职能和一般经济管理职能中分离出来,都是适应建立和完善社会主义市场经济体制的要求,着力解决影响和制约政企分开、政资分开的突出问题。

  在以习近平同志为核心的党中央坚强领导下,新时代国企改革不断深化。通过制定实施国企改革“1+N”文件,大力推进国企改革三年行动和深化提升行动,国有资产监管得到进一步加强,监管职能、理念、方式、重点等加快转变,经营性国有资产集中统一监管深入推进,目前全国省一级国资委集中统一监管平均比例超过99%;国有企业公司制改制全面完成,从法律上、制度上进一步厘清政府与企业的职责边界;剥离企业办社会职能和解决历史遗留问题全面收官,全国国资系统监管企业2万多个各类公共服务机构、1500万户职工家属区“三供一业”基本完成分离移交,超过2000万退休人员基本实现社会化管理,有力促进国有企业更加公平参与市场竞争,与市场经济进一步深度融合。

  2023年6月11日,由中交一航局第二工程有限公司参与施工的国家重大工程深中通道海底沉管隧道最终接头合龙。图为2023年6月8日,“一航津安1”号沉管运输安装一体船将E23管节和最终接头浮运至安装现场。 新华社发

  完善中国特色国有资产监管体制,必须进一步深化政企分开、政资分开,理顺政府与国有企业的关系,推动国有企业同社会主义市场经济深度融合。一方面,依法理清政府社会公共管理部门和国有资产监管机构的职责边界,健全经营性国有资产出资人制度和集中统一监管制度,打造专责专业的国有资产监管机构,更多依靠公司章程和法人治理结构行权履职,确保该管的科学管理、决不缺位,不该管的依法放权、决不越位。另一方面,持续深化国有企业改革,不断完善中国特色国有企业现代公司治理,健全灵活高效的市场化经营机制,推动国有企业真正成为公平参与市场竞争、充满生机活力的独立市场主体。

  坚持把高质量发展作为首要任务,推动国有企业做强做优做大。习近平总书记指出,要坚持和完善社会主义基本经济制度,毫不动摇巩固和发展公有制经济,毫不动摇鼓励、支持、引导非公有制经济发展;国有企业是中国特色社会主义的重要物质基础和政治基础,是党执政兴国的重要支柱和依靠力量。做好国有资产监管工作从根本上说,就是要发展壮大国有经济,推动国有企业高质量发展,不断夯实中国特色社会主义的重要物质基础和政治基础。

  党的十八大以来,各级国有资产监管机构坚决贯彻党中央、国务院重大部署,推动国有企业深入实施创新驱动发展战略,加快产业转型升级步伐,发展质量和效益不断提高,有效发挥了国民经济“顶梁柱”、“压舱石”作用。快报数据显示,截至2023年底,全国国资系统监管企业资产总额达317.1万亿元,比2012年底增长3.4倍;2023年实现营业收入、利润总额分别为80.3万亿元、4.5万亿元,比2012年分别增长1.1倍、1.2倍;2012—2023年累计实现增加值146.9万亿元,年均增长8.1%。

  当前,国际形势异常严峻复杂,我国经济持续回升向好的基础还不稳固,需要国有经济、国有企业更好发挥主导作用和战略支撑作用,但目前国有企业不管是“质”还是“量”,与承担的使命责任都还有一定差距。在这种情况下,做好国有资产监管工作,必须把做强做优做大国有企业作为总目标,进一步完整、准确、全面贯彻新发展理念,扎实推动国有企业高质量发展。特别是要在做强做优上下更大功夫,完善考核奖惩和激励约束机制,引导国有企业统筹质的有效提升和量的合理增长,持续增强国有经济竞争力、创新力、控制力、影响力、抗风险能力,为中国式现代化提供更为坚实的物质基础。

  坚持聚焦“三个集中”,从战略上推进国有经济布局优化和结构调整。中央全面深化改革委员会第三次会议强调,推动国有资本向关系国家安全、国民经济命脉的重要行业和关键领域集中,向关系国计民生的公共服务、应急能力、公益性领域等集中,向前瞻性战略性新兴产业集中。立足主业实业推进国有经济布局优化和结构调整,有助于在更大范围、更深层次、更广领域统筹配置国有资本,有助于提高国有资本配置效率、增强国有经济整体功能、更好支撑现代化产业体系建设,这是做好国有资产监管工作的内在要求。

  各级国有资产监管机构坚决落实党中央、国务院重大部署,聚焦战略安全、产业引领、国计民生、公共服务等功能,以前所未有的力度优化调整布局结构、推进战略性重组和专业化整合。国有经济在航天、深海、能源、通信、交通、国防军工等领域取得一大批世界级科研成果,在船舶、钢铁、化工、装备制造、能源电力、建材等领域打造了一批具有较强竞争力的行业领军企业,带动形成一大批优势产业集群,大量非主业非优势业务和低效无效资产有序退出。中央企业在涉及国家安全、国计民生等领域的布局比重超过70%,近5年战略性新兴产业年均投资增速超过20%。

  今年政府工作报告强调,大力推进现代化产业体系建设,加快发展新质生产力。建设现代化产业体系对国有企业发挥产业支撑引领作用提出更高要求,国有资产监管工作必须紧紧围绕增强核心功能、提高核心竞争力,着力推动国有企业以科技创新引领产业创新,积极培育和发展新质生产力,更好发挥科技创新、产业控制、安全支撑作用。立足实体经济根基,做大做强先进制造业,深入实施制造业重大技术改造升级和大规模设备更新工程,积极推进新型工业化,推动制造业高端化、智能化、绿色化发展,让传统产业焕发新的生机活力。加大新一代信息技术、人工智能、新能源、新材料、生物技术、绿色环保等战略性新兴产业和未来产业投资力度,不断塑造发展新动能新优势。加快推进高水平科技自立自强,充分发挥企业科技创新主体作用,加强重大科技攻关,积极促进产学研融通创新,加快科技成果向现实生产力转化。

  坚持服务国家战略的责任担当,推动国有企业实现经济责任、政治责任、社会责任相统一。国有企业是中国特色社会主义经济的顶梁柱,必须自觉服务党和国家工作大局。推动国有企业坚决落实国家重大战略,是国有资产监管工作的重要职责。

  各级国有资产监管机构指导推动国有企业带头落实国家战略部署,强化公共服务和应急能力建设,提供了全国近100%的原油产量、100%的电网覆盖、97%的天然气供应量,建成运营覆盖全国的基础电信网络;主动服务保障和改善民生,2013年以来中央企业累计上交国有资本收益1.5万亿元,向社保基金划转国有资本1.2万亿元,在脱贫攻坚中累计投入和引进各类资金超过千亿元,定点帮扶的246个国家扶贫开发工作重点县全部实现脱贫摘帽;积极服务区域协调发展,参与共建“一带一路”,中老铁路、希腊比雷埃夫斯港等一批标志性工程成功落地。

图为2024年3月14日,青海盐湖工业股份有限公司钾肥分公司的采盐船在盐湖作业。 新华社记者 陈杰/摄

  迈上新征程,无论是服务构建新发展格局还是促进区域协调发展,无论是推进碳达峰碳中和还是推动高水平对外开放,无论是做好跨周期、逆周期调节还是带动各类所有制经济共同发展,无论是促进实现共同富裕还是应对各类风险挑战,都需要国有企业发挥更大作用。做好国有资产监管工作,必须紧紧围绕推进中国式现代化这一宏伟目标,自觉在服务党和国家事业大局下思考和行动,把国家所需与国企所长紧密结合起来,切实推动国有企业在落实国家战略中发挥好国家队、主力军、排头兵作用,统筹履行经济责任、政治责任、社会责任。

  坚持把有效防范化解重大风险作为基本底线,持续加强国有资产监管。国有企业不少处于关系国家安全和国民经济命脉的重要行业和关键领域,地位重要、作用关键,防范化解重大风险事关国家安全、发展安全,是做好国有资产监管工作的重要要求。

  各级国有资产监管机构深入贯彻总体国家安全观,把防范化解重大风险放到更加突出位置,切实加强和改进国有资产监督,不断建立健全全面风险管理体系,建立监测预警、风险报告、穿透监管、责任追究等机制,深入开展国有资产重大损失调查及违规责任追究,从严从实抓好债务、投资、金融业务、安全生产等重点风险防范化解,牢牢守住了不发生系统性重大风险的底线。

  防范化解重大风险必须持续用力、久久为功,特别是当前国有企业在境外经营、投资、债务、合规管理等方面还存在一些问题亟待解决。加强国有资产监管必须进一步牢固树立安全发展理念,立足于有、着眼于防、落实于控,切实提升监管的前瞻性、精准性、刚性和有效性,防范化解各类重大风险,以高水平安全保障高质量发展。一方面,要完善事前制度规范、事中跟踪监控、事后监督问责的完整工作链条,健全各类监督力量之间的信息共享、协同联动机制,打造全面覆盖、专责专业、权威高效的国有资产监督体系,强化监督合力。另一方面,要加强企业内控体系建设,更好发挥外部董事、总会计师、总法律顾问、首席合规官和企业内审队伍等监督力量的探头触角作用,综合、立体、及时揭示企业当期问题,不断提升风险监测和防范化解能力。

  坚持健全专业化、体系化、法治化、高效化国有资产监管模式,不断提升国资监管效能。这些年来,各级国有资产监管机构坚持“先立规矩后办事”,牢牢把握出资人职责定位,从建章立制、清产核资等基础工作做起,围绕规划投资、财务评价、产权管理、考核分配、资本运营、监督追责、干部选用等职责,构建了一整套监管制度体系和工作体系,打造了一支国资监管专业队伍,有力推动国有企业在社会主义市场经济条件下不断做强做优做大。适应形势发展变化和国资国企新使命新定位新要求,各级国有资产监管机构不断健全国资监管法规制度体系和工作体系,积极调整优化国资监管途径方式和手段措施,加快建成全国国资国企在线监管系统,着力构建国资监管大格局,持续强化专业化、体系化、法治化、高效化监管,具有出资人特色的国资监管模式更加完善。

  当前,国有资产监管工作中越位、缺位、不到位等问题还不同程度存在,监管的方式和手段还有待完善。新征程上做好国有资产监管工作,要更好适应市场化法治化国际化要求,针对当前监管工作中存在的突出问题,着力增强监管的系统性,把稳增长、抓改革、强创新、促发展、防风险等多重监管目标统筹起来,不断推动制度创新、管理创新,加强全方位全过程监管;着力增强监管的科学性,健全更加有利于加强科技创新和发展战略性新兴产业、更加符合世界一流企业成长规律、更加突出国有企业功能使命的国有资产监管模式;着力增强监管的有效性,用好信息化、数字化、智能化工具,深化分类监管和“一企一策”监管,及时研究解决企业改革发展中遇到的痛点、难点、堵点问题,不断提升国有资产监管效能。

  “宁电入湘”特高压线路工程是我国首个沙漠、戈壁、荒漠地区风电光伏基地外送电的特高压工程。图为2024年3月12日,电力工人在湖南省益阳市安化县冷市镇进行组塔作业。 新华社记者 陈思汗/摄

  坚持把全面从严治党作为重要保障,推动国有企业营造风清气正的良好政治生态。全面从严治党是新时代加强国有资产监管、推动国有企业不断做强做优做大的宝贵经验。近年来,贯彻落实习近平总书记重要指示精神和党中央决策部署,国有企业反腐力度持续加大,违规经商办企业、虚假贸易、违规挂靠等专项整治扎实开展,利益输送、设租寻租等违纪违法行为以及“影子公司”、“影子股东”等新型腐败和隐性腐败得到严肃查处,“四风”问题特别是形式主义、官僚主义得到坚决遏制,为国有企业持续健康发展营造了良好环境。

  当前,国有企业党风廉政建设和反腐败斗争形势依然严峻,一些领域腐败问题仍然易发多发。做好国有资产监管工作,必须始终把严的基调长期坚持下去,推动全面从严治党不断向纵深发展,为国有企业高质量发展提供坚强保证。要把完善国资监管体制与健全国资国企全面从严治党体系结合起来,推动党内监督与其他各类监督力量高效联动、有力贯通,全面加强对权力的制约和监督。加大国企反腐力度,一体推进不敢腐、不能腐、不想腐,充分发挥巡视巡察利剑作用,扎实做好巡视整改“后半篇文章”,坚决斩断政治腐败和经济腐败交织链条,坚决铲除国资国企腐败产生的土壤条件。

  实践充分证明,完善中国特色国有资产监管体制,加强国有资产监管,是做强做优做大国有企业、充分发挥国有经济战略支撑作用的重要保障。新征程上,要不断创新完善中国特色国有资产监管体制,扎实推动国有企业高质量发展,更好担负党中央赋予的功能使命责任,为强国建设、民族复兴伟业作出新的更大贡献。

 

Continuously innovate and develop the state-owned assets supervision system with Chinese characteristics
Source: "Qiushi" 2024/08 Author: Party Committee of the State-owned Assets Supervision and Administration Commission of the State Council 2024-04-16 09:00:00


Continuously innovate and develop the state-owned assets supervision system with Chinese characteristics

Party Committee of the State-owned Assets Supervision and Administration Commission of the State Council

Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has attached great importance to the supervision of state-owned assets. General Secretary Xi Jinping has delivered a series of important speeches and issued a series of important instructions, which have effectively promoted theoretical innovation, practical innovation, and institutional innovation in the supervision of state-owned assets. Innovate and gradually explore and form a state-owned assets supervision system with Chinese characteristics. This system adheres to the guidance of General Secretary Xi Jinping’s important expositions on the reform and development of state-owned enterprises and party building. It not only follows the laws of market economy and enterprise development, but also reflects my country’s national conditions and the actual situation of state-owned enterprises, and provides information for promoting the high-quality development of state-owned enterprises. It provides a strong guarantee and is an important innovation of the socialist market economy. We must firmly grasp the basic stance, major principles, and methods of our party's leadership and development of state-owned enterprises, and continue to innovate and develop the state-owned assets supervision system with Chinese characteristics in new practices.

Adhere to the overall leadership of the party as the general principle and give full play to the political advantages of party building in state-owned enterprises. Upholding the party's leadership and strengthening party building are the "root" and "soul" of state-owned enterprises, and are the glorious tradition and unique advantages of my country's state-owned enterprises. Without the party’s strong leadership, without the long-term efforts of party organizations at all levels in state-owned enterprises, and without the unremitting efforts of the majority of party members, cadres and workers in state-owned enterprises, state-owned enterprises would not be what they are today. To strengthen the supervision of state-owned assets, we must promote state-owned enterprises to better adhere to the party's leadership and strengthen party building.

Since the 18th National Congress of the Communist Party of China, especially since the National Conference on Party Building in State-owned Enterprises, state-owned enterprises have taken a clear-cut stand to strengthen the party’s overall leadership, insist on putting political construction in the first place, and deepen the implementation of the “first issue” and “alignment and benchmarking” systems. The State-owned Assets Supervision and Administration Commission of the State Council regularly carries out a "look back" on the implementation of General Secretary Xi Jinping's important instructions and instructions, strengthens the party's leadership in improving corporate governance, and comprehensively formulates preparatory research on party committees (party groups) at the central enterprise group level and 12,600 important subsidiaries. List of matters, the party building responsibility system assessment has been carried out for seven consecutive years, the party building work pattern has been continuously improved, and the standardization and standardization level of party building have been continuously improved. After years of hard work, state-owned enterprises' awareness and responsibility for party management have been significantly enhanced, the party's leadership has been weakened, and the lack of party building has been significantly improved. The appearance of the enterprise, the appearance of the team, and the appearance of reform and development have all undergone fundamental and significant changes.

On the new journey, state-owned enterprises bear more important responsibilities and more glorious missions. They must resolutely strengthen party leadership and party building throughout the entire process and all aspects of state-owned assets supervision, and effectively transform political and institutional advantages into development and competitive advantages, to promote state-owned enterprises to better become an important force for our party to win the victory of the great struggle with many new historical characteristics. We will improve the system and mechanism to achieve "two safeguards", deepen the implementation of the construction of demonstration sites for the spirit of General Secretary Xi Jinping's important instructions, improve the full chain implementation mechanism of "political essentials", and resolutely implement the major tasks assigned by the Party Central Committee. Adhere to the "two consistent principles", constantly improve the modern enterprise system with Chinese characteristics, and further promote the organic unity of the party's leadership and corporate governance. Strengthen the foundation of party building at the grassroots level, strengthen the construction of enterprise leadership teams and cadre talent teams, promote the in-depth integration of party building and business work, further enhance the political and organizational functions of the enterprise's grassroots party organizations, and better play the role of a battle fortress.

Adhere to the direction of socialist market economic reform and continue to deepen the separation of government from enterprises and the separation of government from capital. Adhering to the direction of socialist market economic reform is an important principle that cannot be shaken in the reform of state-owned enterprises. The separation of government and enterprise and the separation of government and capital are effective system designs to promote the integration of state-owned enterprises and the socialist market economy. Looking back at the reform process of state-owned assets and state-owned enterprises since the reform and opening up, from delegating powers and transferring profits, contracting operations, to establishing a modern enterprise system, and then to establishing a state-owned assets supervision agency to separate the state-owned assets supervision function from the government administrative management function and the general economic management function, all are Adapt to the requirements of establishing and improving the socialist market economic system, and strive to solve outstanding problems that affect and restrict the separation of government from enterprises and the separation of government from capital.

Under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, the reform of state-owned enterprises in the new era continues to deepen. By formulating and implementing the "1+N" document on state-owned enterprise reform, vigorously promoting the three-year action and deepening improvement action of state-owned enterprise reform, the supervision of state-owned assets has been further strengthened, the supervision functions, concepts, methods, and priorities have accelerated, and operating state-owned assets have been centralized and unified With further advancement, the current average proportion of centralized and unified supervision by the provincial-level State-owned Assets Supervision and Administration Commission across the country exceeds 99%; the corporate restructuring of state-owned enterprises has been fully completed, and the boundaries of responsibilities between the government and enterprises have been further clarified legally and institutionally; the social functions of enterprises have been divested and historical issues have been resolved The remaining issues have been fully resolved. More than 20,000 public service agencies of various types and 15 million employee family areas of 15 million employees' families have been basically separated and transferred. More than 20 million retirees have basically achieved socialized management. Promote state-owned enterprises to participate in market competition more fairly and further integrate with the market economy.

 

On June 11, 2023, the final joint of the deep-medium channel submarine immersed tunnel, a national major project participated in the construction by CCCC First Harbor Engineering Company Second Engineering Co., Ltd., was closed. The picture shows that on June 8, 2023, the "Yihang Jin'an 1" immersed pipe transportation and installation integrated ship floated the E23 pipe section and final joint to the installation site. Xinhua News Agency


To improve the state-owned assets supervision system with Chinese characteristics, we must further deepen the separation of government and enterprise, and the separation of government and capital, straighten out the relationship between the government and state-owned enterprises, and promote the deep integration of state-owned enterprises with the socialist market economy. On the one hand, we need to clarify the responsibilities of the government's social public administration departments and state-owned assets supervision agencies in accordance with the law, improve the operating state-owned assets investor system and centralized and unified supervision system, create dedicated and professional state-owned assets supervision agencies, and rely more on company articles of association and legal persons The governance structure shall exercise power and perform its duties to ensure that those who should be managed are scientifically managed and will never be absent, and those who should not be managed will be delegated power in accordance with the law and will never be overstepped. On the other hand, we will continue to deepen the reform of state-owned enterprises, continuously improve the modern corporate governance of state-owned enterprises with Chinese characteristics, improve flexible and efficient market-oriented operating mechanisms, and promote state-owned enterprises to truly become independent market entities that participate fairly in market competition and are full of vitality.

Insist on taking high-quality development as the top priority and promote state-owned enterprises to become stronger, better and bigger. General Secretary Xi Jinping pointed out that we must uphold and improve the basic socialist economic system, unswervingly consolidate and develop the public economy, and unswervingly encourage, support, and guide the development of the non-public economy; state-owned enterprises are an important material foundation and political basis for socialism with Chinese characteristics. The foundation is an important pillar and source of strength for the party to govern and rejuvenate the country. Fundamentally speaking, doing a good job in the supervision of state-owned assets means developing and strengthening the state-owned economy, promoting the high-quality development of state-owned enterprises, and continuously consolidating the important material and political foundations of socialism with Chinese characteristics.

Since the 18th National Congress of the Communist Party of China, state-owned assets supervision agencies at all levels have resolutely implemented the major deployments of the Party Central Committee and the State Council, promoted the in-depth implementation of innovation-driven development strategies by state-owned enterprises, accelerated the pace of industrial transformation and upgrading, continuously improved the quality and efficiency of development, and effectively played a role in the national economy. The role of "support pillar" and "ballast stone". Express data shows that as of the end of 2023, the total assets of enterprises supervised by the national state-owned assets system will reach 317.1 trillion yuan, an increase of 3.4 times compared with the end of 2012; the total operating income and total profits in 2023 will be 80.3 trillion yuan and 4.5 trillion yuan respectively, an increase of 3.4 times from the end of 2012. The annual growth was 1.1 times and 1.2 times respectively; from 2012 to 2023, the cumulative added value was 146.9 trillion yuan, with an average annual growth of 8.1%.

At present, the international situation is extremely severe and complex, and the foundation for the continued recovery of my country's economy is not yet solid. The state-owned economy and state-owned enterprises need to better play a leading role and strategic support role. However, at present, state-owned enterprises, regardless of "quality" or "quantity", There is still a certain gap between the mission and responsibilities assumed. Under this circumstance, to do a good job in the supervision of state-owned assets, we must take making state-owned enterprises stronger, better, and bigger as the overall goal, further complete, accurate, and comprehensive implementation of the new development concept, and solidly promote the high-quality development of state-owned enterprises. In particular, we must make greater efforts to become stronger and better, improve the assessment reward and punishment and incentive and restraint mechanisms, guide state-owned enterprises to coordinate the effective improvement of quality and reasonable growth of quantity, and continue to enhance the competitiveness, innovation, control and influence of the state-owned economy. , anti-risk capabilities, and provide a more solid material foundation for Chinese-style modernization.

Adhere to focusing on the "three concentrations" and strategically promote the optimization and structural adjustment of the state-owned economy. The third meeting of the Central Commission for Comprehensive Deepening of Reform emphasized that state-owned capital should be concentrated in important industries and key areas related to national security and the lifeline of the national economy, in public services, emergency response capabilities, and public welfare areas related to the national economy and people's livelihood, and in forward-looking strategies. Emerging industries are concentrated. Promoting the layout optimization and structural adjustment of the state-owned economy based on the main industry will help to coordinate the allocation of state-owned capital on a larger scale, at a deeper level, and in a wider range of fields, and will help improve the efficiency of state-owned capital allocation, enhance the overall function of the state-owned economy, and provide better support The construction of a modern industrial system is an inherent requirement for the supervision of state-owned assets.

State-owned assets regulatory agencies at all levels resolutely implement the major deployments of the Party Central Committee and the State Council, focus on strategic security, industry leadership, national economy and people's livelihood, public services and other functions, optimize and adjust their layout structure with unprecedented efforts, and promote strategic reorganization and professional integration. The state-owned economy has achieved a large number of world-class scientific research results in the fields of aerospace, deep sea, energy, communications, transportation, national defense and military industry, etc., and has created a number of highly competitive enterprises in the fields of shipbuilding, steel, chemical industry, equipment manufacturing, energy, electricity, and building materials. Leading enterprises in the industry have led to the formation of a large number of advantageous industrial clusters, and a large number of non-main businesses, non-advantageous businesses and inefficient and ineffective assets have been withdrawn in an orderly manner. Central enterprises account for more than 70% of their deployment in fields involving national security, national economy and people's livelihood, and the average annual investment growth rate in strategic emerging industries in the past five years has exceeded 20%.

This year’s government work report emphasizes vigorously promoting the construction of a modern industrial system and accelerating the development of new productive forces. Building a modern industrial system puts forward higher requirements for state-owned enterprises to play a leading role in industrial support. State-owned assets supervision must focus on enhancing core functions and improving core competitiveness, strive to promote state-owned enterprises to lead industrial innovation with scientific and technological innovation, and actively cultivate and develop new technologies. quality productivity, and better play the role of scientific and technological innovation, industrial control, and safety support. Based on the foundation of the real economy, we will expand and strengthen advanced manufacturing, thoroughly implement major technological transformation and upgrading and large-scale equipment renewal projects in the manufacturing industry, actively promote new industrialization, promote high-end, intelligent, and green development of manufacturing, and let traditional industries shine New vitality. Increase investment in strategic emerging industries and future industries such as new generation information technology, artificial intelligence, new energy, new materials, biotechnology, green environmental protection, etc., and continuously create new momentum and new advantages for development. Accelerate the promotion of high-level scientific and technological self-reliance and self-reliance, give full play to the main role of enterprises in scientific and technological innovation, strengthen major scientific and technological research, actively promote the integration and innovation of industry, academia and research, and accelerate the transformation of scientific and technological achievements into real productivity.

Adhere to the responsibility of serving the national strategy and promote the unity of economic, political and social responsibilities of state-owned enterprises. State-owned enterprises are the backbone of the socialist economy with Chinese characteristics and must consciously serve the overall work of the party and the country. Promoting state-owned enterprises to resolutely implement major national strategies is an important responsibility of state-owned assets supervision.

State-owned assets regulatory agencies at all levels guide and promote state-owned enterprises to take the lead in implementing national strategic deployments, strengthen public services and emergency response capacity building, provide nearly 100% of the country’s crude oil production, 100% of power grid coverage, 97% of natural gas supply, and complete operational coverage The country's basic telecommunications network; proactive services to protect and improve people's livelihood. Since 2013, central enterprises have handed over a total of 1.5 trillion yuan in state-owned capital gains, transferred 1.2 trillion yuan of state-owned capital to social security funds, and invested and introduced various types of funds in poverty alleviation. Category funds exceeded 100 billion yuan, and the 246 key counties for national poverty alleviation and development work targeted for assistance have all been lifted out of poverty; they actively serve regional coordinated development and participate in the joint construction of the “Belt and Road”, including the China-Laos Railway and the Port of Piraeus in Greece. Waiting for a number of landmark projects to be successfully implemented.

 

The picture shows a salt mining ship of the Potash Fertilizer Branch of Qinghai Salt Lake Industry Co., Ltd. operating in the salt lake on March 14, 2024. Xinhua News Agency reporter Chen Jie/photo


Embarking on a new journey, whether it is serving to build a new development pattern or promoting coordinated regional development, whether it is promoting carbon peak carbon neutrality or promoting high-level opening up, whether it is making cross-cyclical and counter-cyclical adjustments or driving various ownership economies Common development, whether it is promoting common prosperity or responding to various risks and challenges, requires state-owned enterprises to play a greater role. To do a good job in the supervision of state-owned assets, we must focus closely on the grand goal of promoting Chinese-style modernization, consciously think and act in the context of serving the overall cause of the party and the country, closely integrate the needs of the country with the strengths of state-owned enterprises, and effectively promote the development of state-owned enterprises. In implementing the national strategy, we should give full play to the role of the national team, the main force, and the vanguard, and coordinate the performance of economic, political, and social responsibilities.

Adhere to the basic bottom line of effectively preventing and resolving major risks, and continue to strengthen the supervision of state-owned assets. Many state-owned enterprises are in important industries and key fields related to national security and the lifeline of the national economy. They have an important position and a key role. Preventing and resolving major risks is related to national security and development security, and is an important requirement for the supervision of state-owned assets.

State-owned assets regulatory agencies at all levels have thoroughly implemented the overall national security concept, put the prevention and resolution of major risks in a more prominent position, effectively strengthened and improved the supervision of state-owned assets, continuously established and improved a comprehensive risk management system, and established monitoring and early warning, risk reporting, and penetrating supervision. , accountability mechanisms and other mechanisms, we have carried out in-depth investigations into major losses of state-owned assets and accountability for violations, strictly and effectively prevented and resolved key risks such as debt, investment, financial business, and production safety, and firmly maintained the bottom line of no major systemic risks. .

To prevent and resolve major risks, we must continue to work hard and achieve results over a long period of time. In particular, there are still some problems that need to be solved urgently in the aspects of overseas operations, investment, debt, and compliance management of state-owned enterprises. To strengthen the supervision of state-owned assets, we must further firmly establish the concept of safe development, be based on possession, focus on prevention, and implement control, effectively improve the foresight, accuracy, rigidity and effectiveness of supervision, prevent and resolve various major risks, and achieve high-level safety Ensure high-quality development. On the one hand, it is necessary to improve the complete working chain of pre-event system specifications, in-process tracking and monitoring, and post-event supervision and accountability, improve the information sharing and collaborative linkage mechanism between various supervisory forces, and create a comprehensive, dedicated, professional, authoritative and efficient state-owned asset management system. Supervision system and strengthen supervision synergy. On the other hand, it is necessary to strengthen the construction of the enterprise's internal control system and better utilize the supervisory forces such as external directors, chief accountant, general counsel, chief compliance officer and the enterprise's internal audit team to comprehensively, three-dimensionally and timely reveal the current problems of the enterprise. , and continuously improve risk monitoring, prevention and resolution capabilities.

Persist in improving the professional, systematic, legal and efficient state-owned assets supervision model, and continuously improve the efficiency of state-owned assets supervision. Over the years, state-owned assets at all levels have  Regulatory agencies adhere to the principle of "setting rules first and then acting", firmly grasping the positioning of investors' responsibilities, starting from basic work such as establishing rules and regulations, clearing assets and verifying assets, and focusing on planning investment, financial evaluation, property rights management, assessment and distribution, capital operation, Supervision and accountability, cadre selection and other responsibilities have been established, a complete set of regulatory systems and work systems have been built, and a professional team of state-owned assets supervision has been created to effectively promote state-owned enterprises to continue to become stronger, better and bigger under the conditions of the socialist market economy. In order to adapt to the changes in the situation and the new mission, new positioning and new requirements of state-owned assets and state-owned enterprises, state-owned assets supervision agencies at all levels continue to improve the state-owned assets supervision laws and regulations system and working system, actively adjust and optimize the methods, methods and measures of state-owned assets supervision, and accelerate the establishment of a national online supervision system for state-owned assets and state-owned enterprises. , strive to build a general pattern of state-owned assets supervision, continue to strengthen professional, systematic, legal and efficient supervision, and the state-owned assets supervision model with investor characteristics has become more complete.

At present, problems such as offside, absence, and inadequacy in the supervision of state-owned assets still exist to varying degrees, and the methods and means of supervision still need to be improved. To do a good job in the supervision of state-owned assets in the new journey, we must better adapt to the requirements of marketization, rule of law, and internationalization. In response to the outstanding problems existing in the current supervision work, we must strive to enhance the systematic nature of supervision, stabilize growth, grasp reforms, strengthen innovation, and promote Coordinate multiple regulatory objectives such as development and risk prevention, continuously promote institutional innovation and management innovation, and strengthen all-round and whole-process supervision; strive to enhance the scientific nature of supervision, and improve it to be more conducive to strengthening scientific and technological innovation and developing strategic emerging industries, and to be more in line with the world The growth pattern of first-class enterprises and the state-owned assets supervision model that more prominently emphasizes the functions and missions of state-owned enterprises; strive to enhance the effectiveness of supervision, make good use of informatization, digitalization, and intelligent tools, deepen classified supervision and "one enterprise, one policy" supervision, and conduct timely research and solutions The pain points, difficulties, and blocking problems encountered in the reform and development of enterprises shall be continuously improved to improve the efficiency of state-owned assets supervision.

 

The "Ningxia Electricity to Hunan" UHV line project is my country's first UHV project to transmit power outside wind power and photovoltaic bases in desert, Gobi, and desert areas. The picture shows that on March 12, 2024, electric power workers were conducting tower assembly operations in Lengshi Town, Anhua County, Yiyang City, Hunan Province. Xinhua News Agency reporter Chen Sihan/Photo


We must adhere to the comprehensive and strict governance of the party as an important guarantee and promote state-owned enterprises to create a good political environment with integrity. Comprehensive and strict governance of the party is valuable experience in strengthening the supervision of state-owned assets in the new era and promoting state-owned enterprises to continue to become stronger, better, and bigger. In recent years, in order to implement the spirit of General Secretary Xi Jinping’s important instructions and the decisions and arrangements of the Party Central Committee, the anti-corruption efforts of state-owned enterprises have continued to increase, and special rectifications such as illegal business operations, false trade, illegal affiliations, etc. have been carried out, and disciplinary violations such as benefit transfer and rent-seeking have been carried out. Illegal activities and new types of corruption and hidden corruption such as "shadow companies" and "shadow shareholders" have been seriously investigated and dealt with. The "four winds" issues, especially formalism and bureaucracy, have been resolutely curbed, creating a good environment for the sustainable and healthy development of state-owned enterprises.

At present, the situation of party conduct and clean government construction and anti-corruption struggle in state-owned enterprises is still severe, and corruption problems are still prone to occur in some fields. To do a good job in the supervision of state-owned assets, we must always adhere to the strict tone for a long time, promote the continuous and in-depth development of comprehensive and strict party governance, and provide a strong guarantee for the high-quality development of state-owned enterprises. It is necessary to combine the improvement of the state-owned assets supervision system with the improvement of the comprehensive and strict party governance system of state-owned and state-owned enterprises, promote the efficient linkage and effective integration of intra-party supervision and other types of supervision forces, and comprehensively strengthen the restriction and supervision of power. Intensify the anti-corruption efforts in state-owned enterprises, promote the integrated promotion of dare not corrupt, cannot corrupt, and do not want to corrupt, give full play to the role of the sword of inspection and inspection, do a solid job in the "second half of the article" of inspection and rectification, resolutely cut off the intertwined chain of political corruption and economic corruption, and resolutely Eradicate the soil conditions that produce corruption in state-owned assets and enterprises.

Practice has fully proved that improving the state-owned assets supervision system with Chinese characteristics and strengthening the supervision of state-owned assets are important guarantees for making state-owned enterprises stronger, better and larger, and giving full play to the strategic supporting role of the state-owned economy. On the new journey, we must continue to innovate and improve the state-owned assets supervision system with Chinese characteristics, solidly promote the high-quality development of state-owned enterprises, better fulfill the functional missions and responsibilities assigned by the Party Central Committee, and make new and greater contributions to the construction of a strong country and the great cause of national rejuvenation.

Ropes & Grey "CSRD Transposition Tracker"- A Study in the Development of Compliance Complexity

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Pix Credit here

 

A generation ago it used to be something of a sport to time the transposition of EU directives into the national legal orders of Member States.  In the old days, perhaps in exasperation, perhaps strategically (never let a crisis go to waste) the European Court of Justice  developed a host of quite remarkable jurisprudential approaches, including direct effect.  

Things have changed. . . . at least a little, and certainly with respect to the Corporate Sustainability Due Diligence Directive (EU) 2019/1937 6145/24 (DRS 13; SUSTDEV 19; COMPET 117; CODEC 279) (Brussels, 15 March 2024), adopted by the EU Council on 15 March 2024 and approved by the JURI Committee on 19 March 2024, awaiting final approvals and preparation of final text. It appears that in anticipation of its effective time (Art. 30, Transposition), much of which will occur starting three years from the entry into force of the Directive, mostly on or after 2028 Member States have begun to consider introduction or modification of their clusters of sustainability based corporate compliance regulations to conform to the (at least broad outlines) of the CR3D, or to align their compliance and due diligence regimes to those anticipated in the final version of the CS3D. 

The project, as is customary within EU regulatory spheres, will be complicated as to space, place and time, producing both complexity for business and opportunity for lawyers. For the rest of us, information relating to implementation (and later the politics and litigation around enforcement) requires substantial aid. One effort to provide information has been undertaken by Michael R. LittenbergMarc Rotter and Molly Connolly of and for the law firm Ropes and Grey, who have devised and posted online what they call the Ropes & Grey CSRD Transposition Tracker. As they describe their work to date:

in conjunction with leading law firms across Europe – has updated its CSRD Transposition Tracker. The Tracker describes Corporate Sustainability Reporting Directive developments across the 27 EU member states and three EEA EFTA countries. This update includes information and developments as of the end of March, as well as additional commentary from the participating law firms.  Countries continue to make progress towards implementation. So far: Five countries have adopted legislation implementing CSRD (at least in part); Ten have proposed legislation; and Another seven have held consultations.

Their data on efforts to date is quite interesting and follows below.  It may be accessed online HERE

The information, and its subsequent changes as Member States move toward transposition is quite interesting.  Most interesting, perhaps (beyond the issues of interpretation and strategic countermeasures by all affected parties) goes to compliance itself. With the proliferation of CS3D variants in national legal orders, confined at least by the CS3D and its interpretation (eventually by the European Court of Justice; and perhaps on its flanks by the European Court of Human Rights (here)) and countered or aligned by the domestic legal orders of 3rd party states protecting their own interests or other regional systems (eg here, here, and here), it is likely that CS3D will produce a strong incentive toward digitalization of compliance and the development of descriptive and predictive bid data programs to ensure both optimum compliance and effective strategic encountering. These programs may also lend themselves to generative programming (AI), but at least within the EU that may require alignment of CS3D with the EU AI Act (see discussion HERE). 









"Moment of Truth on Ukraine and Israel Both countries urgently need U.S. aid to defend themselves against brazen adversaries that seek their annihilation," President Joe Biden, Opinion/Commentary (Wall Street Journal 17 April 2024)

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Sitting U.S. Presidents have the luxury of getting their message out in a large variety of ways.  Writing Opinion pieces in newspapers, and especially news organs known to be quite free with their criticism of a President's administration, is not among the top "go to" vehicles for the dissemination of Presidential views. 

But these are not ordinary times. Discipline within the once fairly stable universe of two leading parties surrounded by a sometimes very loud cluster of smaller issue or ideologically zealot faction to theory political left and right have given way to fracture within the principal parties themselves. In Both cases these zealot/ideological faction appear to embrace agit-prop modalities refined by both European fascist and Marxist-Leninist cells before 1939 with the purpose of effecting "soft" revolution (then certainly, the agendas of the current crop might be out of reach for many). The leadership of these principal political organs then appear to have embraced a strategically pragmatic stance that amplifies the ability of zealot/ideological factions to better reach their goals if only by thwarting the business of government for the rest of a population (whose ignorance and correction appears to be one of the many goals of these groups and their comrades embedded within other influential social organs). 

And so one appears to approach a moment when the United States appears more willing to run from its international commitments and (old) values than to meet them--the most short term politically palatable option for big party leaders as wary of their counterparts as they are of the zealot/ideological factions within their own organs. 

For the sitting U.S. President, this presents a conundrum--as it does for the population that may have little interest in re-education, or of being led by zealot/ideological factions that appear to embrace the sensibilities of pre-Russian revolution Soviets (for a sympathetic consideration here: Antonio Negri, 'Soviet: Within and Beyond the "Short Century"' (2017) 116(4) South Atlantic Quarterly 835-849). Te conundrum--how does one break the cycle of disproportionate power relationships among and within fractured political organs incapable of returning to something like a stable equilibrium more in accord with the expectations of American liberal democracy?

One answer appears to be to reach out to and through the organs of opposition when matters touch on issues of fundamental importance to the Republic. One of those issues involve the geopolitical position of the United States and its duty as the leading forces of liberal democracy established at the cost of millions of American lives and those of U.S. allies  on which a political moral order was established (imperfectly to be sure) and which continues to muddle through toward aspirational goals that are true to itself and the moral-political social order it established and to which it owes the highest duty.  The leadership core of American liberal democracy, along with those of its closest allies, has determined that the situations in Ukraine and Israel represent fundamental challenges to that order, its vision, including that of equality under law in a diverse  rules based international order (such as it is now and such as it aspires to).

And so one finds President Biden appealing both to the people and to their elected representatives (at least those who continue to represent their constituents rather than their fidelity to ideologies the interpretation and application of which they have usurped) in the form of an "Opinion/Commentary of the Wall Street Journal. Whatever one thinks of either its text, its form, or the specifics of its objectives, the text reminds one of the importance of fidelity to core values and the institutions through which that may be realized. 

The text may be accessed HERE and follows below. 

Both countries urgently need U.S. aid to defend themselves against brazen adversaries that seek their annihilation.

ET

Volodymyr Zelensky shakes hands with Benjamin Netanyahu in New York, Sept. 19, 2023.Photo: UKRAINIAN PRESIDENTIAL PRESS SERVICE/AFP via Getty Images

Iran launched an unprecedented attack against Israel this weekend, with a barrage of missiles and drones. Around the same time, some 1,500 miles north, Russia continued its bombardment of Ukraine, which has intensified dramatically in the last month.

Both Ukraine and Israel defended themselves against these attacks, holding the line and protecting their citizens. And both did it with critical help from the U.S.

Now is not the time to abandon our friends. The House must pass urgent national-security legislation for Ukraine and Israel, as well as desperately needed humanitarian aid for Palestinians in Gaza.

In this third year of Russia’s war, Ukraine continues to defy the odds. Against a much larger military, the Ukrainians regained more than half the territory that Russia occupied after its 2022 invasion. They’ve struck the Russian navy time and again, winning important victories in the Black Sea. And they’ve developed innovative weapons, especially drones, to counter Russian forces. Theirs is a fighting force with the will and the skill to win.

Meanwhile, as we saw this weekend, Israel’s military has the technology and training to defend the country against even an attack of unprecedented scope and ferocity.

But while both countries can capably defend their own sovereignty, they depend on American assistance, including weaponry, to do it. And this is a pivotal moment.

Vladimir Putin is ramping up his onslaught with help from his friends. China is providing Russia with microelectronics and other equipment that is critical for defense production. Iran is sending hundreds of drones; North Korea is providing artillery and ballistic missiles. Ukraine, facing ammunition shortfalls, is losing hold of territory it had regained.

After years of backing Hezbollah, Hamas and other proxies in their attacks on Israel, including Hamas’s brutal attack on Oct. 7, Iran launched a direct attack of its own—hoping to penetrate Israel’s air defense, including David’s Sling and the Iron Dome, which saved countless lives this weekend.

Both Ukraine and Israel are under attack by brazen adversaries that seek their annihilation. Mr. Putin wants to subjugate the people of Ukraine and absorb their nation into a new Russian empire. The government of Iran wants to destroy Israel forever—wiping the world’s only Jewish state off the map.

America must never accept either outcome—not only because we stand up for our friends, but because our security is on the line, too.

If Russia triumphs, Mr. Putin’s forces will move closer than ever to our North Atlantic Treaty Organization allies. “An attack on one is an attack on all” means that if Mr. Putin invades a NATO ally, we will come to its aid—as our NATO allies did for us after the Sept. 11 attacks. We should surge support to Ukraine now, to stop Mr. Putin from encroaching on our NATO allies and ensure that he doesn’t draw U.S. troops into a future war in Europe.

Likewise, if Iran succeeds in significantly escalating its assault on Israel, the U.S. could be drawn in. Israel is our strongest partner in the Middle East; it’s unthinkable that we would stand by if its defenses were weakened and Iran was able to carry out the destruction it intended this weekend. We can make that outcome less likely by replenishing Israel’s air defenses and providing military aid now, so its defenses can remain fully stocked and ready.

If Congress passes military aid for Ukraine and Israel, we won’t write blank checks. We’d send military equipment from our own stockpiles, then use the money authorized by Congress to replenish those stockpiles—by buying from American suppliers. That includes Patriot missiles made in Arizona, Javelin missiles made in Alabama, and artillery shells made in Pennsylvania, Ohio and Texas. We’d be investing in America’s industrial base, buying American products made by American workers, supporting jobs in nearly 40 states, and strengthening our own national security. We’d help our friends while helping ourselves.

I’ve been clear about my concerns over the safety of civilians in Gaza amid the war with Hamas, but this aid package is focused on Israel’s long-term defensive needs to ensure it can maintain its military edge against Iran or any other adversary. Importantly, this bill has funding that will allow us to continue delivering urgent humanitarian aid for the people of Gaza as well as others who have felt the impact of conflicts around the world.

It’s a strong and sensible plan. It shouldn’t be held hostage any longer by a small group of extreme Republican House members.

Mr. Putin has tried relentlessly to break the will of the Ukrainian people. He has failed. Now he’s trying to break the will of the West. We cannot let him succeed.

There are moments in history that call for leadership and courage. This is one of them.

Mr. Biden is president of the United States.



The Chinese University of Hong Kong: 2023-24 Greater China Legal History Seminars Now Online

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The Greater China Legal History Seminar Series was launched in 2017. This seminar series builds upon the success of the Chinese Customary Law Seminar Series conducted from 2014 to 2016 covering topics such as Chinese Customary Land Law, Chinese Customary Family Law and Customary Trusts in Hong Kong. The Greater China Legal History Seminar Series aims to serve as a forum to discuss the historical development of a great variety of legal issues of interest in the Greater China region. Acknowledging that the historical development is the basis of modern law and its application the seminars offer the opportunity to explore the respective contextual status. While being conducted by experts in their fields, the seminars are meant to cater to the legally interested general public. The events will usually comprise presentations by one or more speakers (up to 70 minutes) followed by a Q&A session (up to 30 minutes). Each Seminar is open and free of charge to all who are interested. (Seminar Series)

The recordings of the 2023-24 Greater China Legal History Seminars are now available here: https://www.law.cuhk.edu.hk/app/events-recap/greater-china-legal-history-seminar-series-recap/#gc2122 .

The 2023-2024 Seminar Schedule follows below (with links.

 

 

 Seminar Schedule 2023-24
DateDetails
22 September 2023
12:30-2:00 pm

Pirates and the Hong Kong Admiralty Court of 1847-49
Speaker: Ms. Sasha Allison, Barrister at Law, Central Chambers, Hong Kong

6 October 2023
12:30-2:00 pm
Death Sentences in the Great Qing, 1744-1840
Speaker: Prof. Moulin Xiong, Southwestern University of Finance and Economics, Sichuan, China
3 November 2023
12:30-2:00 pm
Contracts as Tools to Promote Morality and Social Order during the Tang Dynasty
Speaker: Prof. Chunlin Leonhard, Loyola University New Orleans College of Law
12 January 2024
12:30-2:00 pm
Fengshui and Court Practice in Ming and Qing
Speaker: Prof. Ian M. Miller, St. John’s University, History Department, New York
2 February 2024
12:30-2:00 pm

Chinese Customary Marriages and Concubinage in Hong Kong
Speaker: Prof. Steven Gallagher, Professional Consultant & Professor of Practice in Law, CUHK LAW

15 March 2024
12:30-2:00 pm
Shanghai in the 1930s, the German Civil Code and the Tragic Story of a Brilliant Legal Mind
Speaker: Prof. Lutz-Christian Wolff, Wei Lun Professor of Law & Dean, CUHK LAW



U.S.-China Economic and Security Review Commission: Hearing on "China and the Middle East" Friday, April 19, 2024

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U.S.-China Economic and Security Review Commission held a widely publicized hearing on "China and the Middle East"  Friday, April 19, 2024  organized by the hearing co-chairs, Commissioners Aaron Friedberg and Jonathan Stivers. As posted to its website, "The U.S.-China Economic and Security Review Commission was created by the United States Congress in October 2000 with the legislative mandate to monitor, investigate, and submit to Congress an annual report on the national security implications of the bilateral trade and economic relationship between the United States and the People’s Republic of China, and to provide recommendations, where appropriate, to Congress for legislative and administrative action."Jonathan Stivers is the U.S. Director of the Committee for Freedom in Hong Kong (CFHK) Foundation. Aaron Friedberg is Professor of Politics and International Affairs at Princeton University, where he has been a member of the faculty since 1987, and co-director of Princeton’s Center for International Security Studies. 

The Program gives a god indication of the topics considered. It was fairly straightforward focicusing on what one might expect, first the economic value of the region, second the efforts of China to change the narrative and therefore the power relations among those invested in the region (in every sense of the word), and third to consider China's security interest in the region (which are real and growing within that large space left open by everyone else). ,

Hearing Co-Chairs: Commissioner Aaron Friedberg and Commissioner Jonathan Stivers

9:30 AM – 9:40 AM: Co-Chairs' Opening Remarks
 
9:40 AM – 11:10 AM: Panel I: Energy, Investment, and Economic Interests

11:10 AM – 11:20 AM: Break

11:20 AM – 12:50 PM: Panel II: China’s Diplomatic Engagement with the Middle East Bolsters Efforts to Shape a New World Order

12:50 PM – 1:50 PM: Lunch Break

1:50 PM – 3:20 PM: Panel III: China’s Security Interests and Activities in the Middle East

3:20 PM – 3:25 PM: Closing Remarks

3:25 PM: Adjourn

The event was recorded. To see the video of the event click here.

The testimony of the participants may be accessed in the links above and some follow below.

 

Statement before the
U.S.-China Economic and Security Review Commission
“China and the Middle East”
Testimony by:
Jon B. Alterman
Senior Vice President, Zbigniew Brzezinski Chair in Global Security
and Geostrategy, and Director, Middle East Program, Center for
Strategic and International Studies
April 19, 2024
Commissioner Friedberg, Commissioner Stivers, distinguished members, I am honored to share
my views with you on China’s Middle East ties. CSIS does not take policy positions, so the
views represented in this testimony are my own and not those of my employer.
In my testimony, I would like to give you my assessment of China’s ambitions in the Middle
East, and the Middle East’s ambitions with China. I have been exploring this subject for almost
20 years, and it has evolved considerably. It is my strong sense that we wrongly assume that
China is interested in winning a symmetrical competition with us, and we underestimate the
extent to which China is seeking to reshape competition on more favorable terms. We also
underestimate the extent to which our partners in the Middle East welcome Chinese influence as
a check on what they see as U.S. excesses. They seek to sustain their strong ties with us while
simultaneously building stronger ties with China. The consistent message from China is that
doing so is both possible and desirable, and they should undermine U.S. efforts to divide them
from China. In the process, China seeks to peel the region away from the United States and
advance China’s strategic goal of a more globally unaligned world.
China’s Regional View
China became a net oil importer in 1993, since the beginning, about half China’s oil has come
from the Middle East. China therefore has found itself persistently reliant on a region that the
United States continues to dominate, and its investments have been steady for decades.
Chinese strategic thinkers see the Middle East as a place with far more peril than promise.
The region has a history of both intra-regional strife and domestic unrest, and China is concerned
that extremist ideologies originating in the region will infect western China. China is also
concerned that the Middle East is well within the U.S. sphere of influence, and differences over
the region could precipitate a U.S.-China conflict. As I understand it, China feels it cannot afford
to be disengaged in the Middle East, but its engagement must be selective. In addition, China’s
actions in the Middle East are clearly subordinate to its global strategic concerns, the most
significant of which is its rivalry with the United States.
The Chinese position in the Middle East has been dynamic for the last quarter-century, not least
because the U.S. position in the region has been dynamic. China has developed strong relations
with U.S. allies and adversaries alike, building robust commercial ties all along the way. Several
years ago, Indian Minister of External Affairs S. Jaishankar said, “For the last 20 years, the
United States has been fighting but not winning in the Middle East, and China has been winning
but not fighting in the Middle East.” That seems accurate to me.
To a remarkable degree, there is great regional enthusiasm for stronger relationships with China.
In part, this stems from a general sense that China is a rising power in the world, and closer ties
with the country are prudent. But the most significant driver of this enthusiasm is a mutual belief
that energy brings the two regions together. Beginning in the late 20th century, China became the
single largest driver of energy demand growth in the world. The rapidly expanding Chinese
industrial base was hungry for oil, and the Middle East has the only exporters who could meet
that growing need. As demand plateaued in the United States and began to fall in Europe, it was
China’s growth that kept global demand growing. It became unthinkable for energy producers
not to seek to grow their relationships with China as a consequence.
There is also deep admiration for China’s economic growth, and quiet appreciation for the fact
that China has grown strongly without making the concessions to the political, economic, and
social liberalism that Western states often insist are necessary for prosperity and stability. The
Belt and Road Initiative was a masterstroke of branding, persuading state after state in the
Middle East that it could play a central role in the geostrategic calculations of the world’s
greatest rising power, with each imagining the growing power it would accrue as a result. Of
course, the dividends of the Belt and Road initiative in the Middle East are scant, but the residual
desire to engage more closely with China endures.
The Middle East also has suffered from growing disenchantment with the United States. For
decades there has been disappointment with U.S. policy toward the Palestinian-Israeli conflict,
and this disappointment and anger has become acute in the late six months. There was also
frustration that U.S.-led wars in Iraq and Afghanistan had little justification in the international
law the United States claimed to be upholding, and the United States prosecuted the wars while
indifferent to the civilian casualties they imposed. Governments were discomforted by the U.S.
embrace of democratization in the Arab Spring, they complained of U.S. abandonment as the
Obama administration announced its rebalancing toward Asia, and Arab governments
complained that U.S. policy toward Iran was recklessly empowering the Islamic Republic.
Countries and populations felt that a closer relationship with China would give them the ability
to resist U.S. hegemony and resist demands to reshape their domestic and foreign policy to
reflect U.S. preferences. Even U.S. partners and allies felt that the U.S. had enjoyed monopoly
power in the Middle East for two long, and competition would benefit them.
In this, China had a great deal to offer. Not only did China have the aura of geostrategic heft, but
it brought economic resources to bear. Trade relationships have grown exponentially over the
last two decades, through massive energy exports, the importation of Chinese manufactured
goods, and the extensive use of Chinese companies to build infrastructure, housing, factories,
and more. Where Western companies moved slowly toward agreements, sought external
financing, and had extensive regulations that governed everything from environmental protection
to anti-corruption statutes, Chinese companies were one-stop shops in league with the
government, they were happy to build things quickly if not always well, and they were open to
the costs of doing business in an environment with extensive patronage networks.
China doesn't want to supplant the United States in the Middle East but wants to supplement the
United States in the Middle East. China also doesn't want to sacrifice much to advance any of its
interests in the Middle East. Where it invests, it does so deliberately.
China, as you know, has created a hierarchy of relationships, with the most elevated being a
“comprehensive strategic partnership.” In the Middle East, it has such a partnership with Saudi
Arabia, the UAE, Iran, Egypt, and Algeria. The latter, it feels to me, is mostly sentimental, tied
to the links the two revolutionary countries established in the 1950s and have sustained in the
decades since. As China has become more market-oriented, it has turned a mercantile eye toward
regional states, making shrewd efforts to build ties where they have the most potential for China.
Saudi Arabia
Saudi Arabia has been among the Middle Eastern countries most interested in courting China.
Part of the interest is simply about energy: China was driving global growth, and Saudi Arabia
has the world’s largest proven oil reserves. As Saudi Arabia sees its role as “the world’s central
banker of oil,” it would be ludicrous in the Saudi view not to build a close relationship with the
world’s largest customer for imported oil. Strategically, Saudi Arabia also sought to displace Iran
as China's largest foreign supplier of energy. From a Saudi perspective, closer trade relations
with China puts a cap on how close Iranian-Chinese relations can grow and gives the Saudis
some assurance that China will not advance Iranian interests in international forums.
Saudi Arabia began engaging more deeply with Chinese firms when it sought low-cost
construction options amidst a slumping economy in the 1990s. When oil prices rose in the 2000s
and the Saudi economy was flush with cash, Chinese-Saudi trade grew strongly. In 2012, China
and Saudi Aramco agreed to build a massive refinery together in Yanbu, on the Red Sea. Within
four years, the refinery was operational, processing about 400,000 barrels per day of crude.
China has built some of the country’s most important projects in the last two decades, including
light rail, desalination plants, and industrial estates. China is intimately involved in building out
the Saudi IT backbone, and Chinese firms are key partners in constructing NEOM, the futuristic
city on the Red Sea.
China has explicitly sought to portray itself as an essential strategic partner to Saudi Arabia. It
has done so partly in the wake of Saudi concerns that the United States has been abandoning the
Middle East as it pivots toward Asia, and partly by marketing the idea that the Chinese
experience in economic growth holds lessons for Saudi Arabia’s own ambitious economic
diversification efforts. China has portrayed itself as an essential partner to Saudi Vision 2030,
which Crown Prince Mohammed bin Salman has used as a focus for Saudi Arabia’s economic
planning.
In recent years, Saudi Arabia has had a sustained but superficial fascination with Deng
Xiaoping's efforts in the 1980s to transition China from a relatively poor and parochial Maoist
dictatorship to a robust and cosmopolitan global economic powerhouse. I recently wrote a paper
on Middle Eastern states’ understanding of the China model, and one of the fascinating examples
is a modern art exhibit in Diriyya a couple of years ago that was curated by an American curator
of modern Chinese art. The exhibit was entitled, “Crossing the River by Feeling the Stones,” a
phrase attributed to Deng Xiaoping. An explanatory panel explained, “When it was coined, this
maxim referred to strategies for implementing and adapting to the massive economic and cultural
transformations that were then taking place. Saudi Arabia finds itself today in a similar moment
of optimistic energy, willingness to ask questions, and openness to new futures.”
The Chinese-Saudi relationship is more robust than merely an energy relationship. There is also
a military strand that runs through bilateral ties. Starting in the 1980s, Saudi Arabia occasionally
saw China as a source for weapons that the United States would not provide, such as the CSS-2
missiles. This trend has continued, with China reportedly selling Saudi Arabia drone aircrafts
and helping Saudi Arabia build ballistic missiles. There seems to be extensive Chinese
involvement in efforts at domestic surveillance.
Even so, when it comes to human capital, the Chinese are not very present. The Chinese have no
role, for example, in extensive Saudi efforts to reform their defense establishment, which are
being done along an Anglo-American model. There’s also little evidence that China helps
provide management training to senior Saudis, whose experience is almost entirely Western (and
mostly American). Given that there is such a huge need in the Kingdom for management
expertise for a vastly growing enterprise, and given the role of Western institutions providing it,
this appears to provide a ceiling for how closely Chinese ties can develop.
Even so, ties are clearly developing. Saudi interlocutors have told me that Chinese
representatives often come in and explicitly red team the United States. When they make an
offer, they also predict what the United States would do, the kinds of conditions it would impose
and the timelines it would give. They explain why their offer is better, and by Saudi estimates,
they understand the U.S. position as well as Americans.
The Saudi ambition to draw closer to China grew after U.S. outrage at the murder of Jamal
Khashoggi and now-President Biden’s promise during the 2020 presidential campaign that he
would treat the Saudis “like the pariahs that they are.” This ambition has dampened in recent
years, partly because the Biden administration has reassured Saudi Arabia that it is not hostile,
and because China's regional diplomacy has demonstrated it is no substitute for the United
States. While some expected that the Chinese role brokering a Saudi-Iranian agreement a year
ago was a sign of China’s regional diplomatic clout, it was largely Saudi determination that
drove the diplomacy—including China’s own involvement—and China has played no serious
role trying to resolve the conflict in Gaza or resolving issues in Yemen, which is a long running
Saudi security concern.
It is clear to Saudis that the country needs a robust relationship with China. Even if China doesn't
replace the United States, Saudi Arabia sees China as an important check on the United States,
and an important supplement to what the United States is willing to provide to China.
United Arab Emirates
The UAE has an even more complicated relationship with China than Saudi Arabia, in part
because the UAE has distinctive sets of interests within a single country. Dubai has been a
trading entrepot for centuries, and China’s global trade and Dubai’s role as a vital global
transshipment point have grown in tandem. Today, 60 percent of China’s trade with Europe and
Africa passes through the UAE (mostly Dubai), as does a large percentage of its trade with the
Middle East. About a quarter-million Chinese live in the UAE, again mostly in Dubai, compared
to only a million Emirati citizens in the whole country. Chinese firms have driven much of the
construction in Dubai, and the country’s mercantilist spirit jogs quite well with the Dubai
business community. Chinese organized crime operates in Dubai as well, including gambling
enterprises, and the Dubai police closely monitor its progress.
Abu Dhabi is less interested in transshipment and trade, and much more focused on its role as a
major oil exporter. As such, the Abu Dhabi leadership concentrates on security and geopolitics.
As in Saudi Arabia, there appears to be extensive cooperation between the national government
and China on domestic security issues including surveillance, but Abu Dhabi works extensively
with other security providers including Israel to bolster its surveillance capability. Abu Dhabi
had a close partnership with China in the early months of the COVID pandemic on both testing
and vaccines, although that cooperation dimmed when evidence emerged that the Chinese
vaccine was much less effective than Western versions. While there were reports about a year
ago that China was working closely with Abu Dhabi on artificial intelligence (ironically or
perhaps significantly, led by a company chaired by the UAE national security advisor), some of
that cooperation seems to have cooled, presumably in alignment with U.S. concerns.
The Abu Dhabi government increasingly has sought to strike an “active neutrality” posture in the
world, retaining intimate ties with the United States but growing substantial ties with Russia and
China. After the invasion of Ukraine, billions of dollars and thousands of Russians found safe
haven in the UAE, despite—and arguably because of—U.S.-led sanctions on Russia. In a widely
reported incident, in late 2021 the UAE shut down construction of what U.S. officials claimed
was a Chinese military facility in Khalifa Port in Abu Dhabi, although there have been scattered
reports that construction has continued.
The issue is not so much that there is overt tension between the United States and the UAE, but
rather that the UAE has a growing sense that it is large enough and powerful enough to advance
its own interests and should not slavishly follow the diktats of the United States. Whereas Saudi
Arabia feels like it is embarking on a transformation, the UAE is more self-confident that its
transformation has been underway for decades. The UAE sees itself as a regional thought leader,
and the model it has demonstrated is one of careful balance between regional and global
concerns, Western and Arab mores, and private and public capital development.
The UAE’s balancing reflects itself in complicated ways in domestic affairs. In foreign policy,
though, it feels more straightforward. Perhaps surprisingly, the tiny UAE seems to be adopted a
foreign policy that is in line with that advocated by India, a growing global heavyweight. Ties
between the two, which date back centuries, are interesting. India is closer to the UAE than
Kuwait, and there are more than two and a half times as many Indian citizens in the UAE as
Emiratis in the UAE. Despite the large disparities in size—with India’s population almost 15
times that of the UAE when the UAE includes expatriates, and 150 times its size without them—
the two countries have leaders with strong domestic support who share a vision of not needing to
fall in line with a world that's broken into blocs.
Iran
Rather than seek to balance within the global system like the UAE, Iran seeks to undermine the
structure of that system, which the Iranian leadership sees as hostile to Iran. In this effort, China
is an eager partner. Both countries share discomfort with what the United States claims is a
“rules-based order” and which China and Iran agree is an order that is intended to constrain
them. In addition, China prefers a world in which the United States is bogged down in the
Middle East and alienates much of the Global South through its actions there. In a way, sustained
U.S.-Iran tensions are a manifestation of the United States trying to impose its will on a smaller
state, and many countries feel some combination of solidarity and sympathy with Iran. China is
eager to stand by Iran, as long as it doesn’t cost China much. In 2021, China and Iran made
headlines by signing a 25-year cooperation agreement that promised a $400 billion investment in
the Iranian economy. While the agreement made headlines, implementation has been weak at
best, and the more Iran has seemed desperate for Chinese investment, the scarcer it has proven to
be.
Despite common cause, there are vast disparities between China and Iran. The starkest area is
economics. China represents about a third of Iranian trade, but Iran represents less than one
percent of Chinese trade. It is clear who is in control of this relationship. Time after time, China
has instrumentalized its relationship with Iran in order to advance Chinese interests. In political
science terms, the Iranian-Chinese relationship is always a dependent variable based on China's
other interests in the world. The Iranians both resent this and know there's nothing they can do
about it.
It was a little bit surprising to me China has not been more outspoken about Houthi attacks on
Red Sea shipping. Iran supports the Houthis with arms, cash, and reportedly with some targeting
data. Attacks on shipping does more than hurt Chinese trade with Europe. Chinese ships have
now been attacked despite Houthi promises they would not be, and the need to circumnavigate
Africa has added to costs delays. In addition, the Houthis attacks have cut Suez Canal revenues
in half since the first of the year, denying billions of dollars in hard current to a country with
which China has a comprehensive strategic partnership and in which China has invested billions
of dollars in recent years. It seems to me that’s a reflection of two things. The first is that China
has decided it can't have much of an impact. But the second and more important aspect is that it
reveals that virtually everything China does in the Middle East is with an eye toward its most
serious consideration: strategic competition with the United States.
China plays off the two beautifully. In circumventing U.S. sanctions by purchasing Iranian crude
oil, China simultaneously undermines the U.S. ability to use the international financial system to
sanction adversaries while gaining access to discounted oil. For China, this is a win-win solution,
but the strategic goals (constraining U.S. hegemony, undermining the centrality of the global
dollar economy, and demonstrating the inability of the United States to strangle the economies of
its adversaries) are even more important than near-term economic benefit. China is guarding
against a world in which the United States might seek to isolate China, and chipping away at its
ability to do so is a central Chinese concern.
Israel
Israel is a close U.S. ally that actively courted China starting in the early 2000s, and China
responded in kind. China not only sought Israeli counterterrorism assistance in the years after
9/11, but it also saw Israel is an important source of technical expertise. Chinese firms began
investing in Israel, for example buying the country’s largest dairy producer in 2014, but that
wasn’t where the real news was. About a decade ago, concern began to grow in the United States
that China would use Israeli technology and the infrastructure it was building in Israel to advance
Chinese espionage efforts. Israelis were dismissive of that fear 10 years ago, but in the last five
have seemed to be more open to U.S. concerns. Whether that is a result of what Israelis
themselves saw, what Americans were able to persuade them of, or a general assessment that the
U.S. relationship needed to be protected is unclear.
But the largest shift in China-Israel ties came in the weeks and months after October 7. China has
been openly critical of Israel and has shown little sympathy for Israel’s assertions that it is in an
existential struggle against a terrorist group. Instead, China has swung firmly behind a strategy of
showing solidarity with the Global South, and thus siding with Palestinians over Israelis. We
haven't yet seen this manifest in terms of disinvestment, but there is certainly less engagement,
and the scars of this conflict are likely to run deep. Even so, it is likely that China will seek to
reassert itself when the conflict begins to ebb. If there is some sort of broad international effort to
resolve the conflict between Israelis and Palestinians, China is certain to pursue a central role in
that effort as a matter of prestige. From that position, China is likely to seek to revive its
relationship with Israel.
China And the Global South
China’s role in the Gaza conflict now has been almost entirely opportunistic. While China’s
default position has been to favor states over non-state actors, China slid quickly into a position
expressing solidarity between the countries of the Global South and Palestinians. China has had
little positive to say to Israel, and its messaging stresses the hypocrisy of a U.S. position that on
the one hand advocates international law but also turns away from any responsibility to protect
Palestinian civilians from Israeli Army assault.
The difference between Chinese relations in the Middle East versus a place like Latin America or
Africa is that China sees the region as having difficult—some in China would say intractable—
security challenges. China sees little advantage in working to resolve them, and little capacity to
do so. Instead, China seeks to position itself behind the United States, allowing the United States
to get sucked in. China is focused on two things in the region: ensuring its competition with the
United States does not escalate to outright conflict, and not replacing the United States. Instead,
China sees the Middle East as the point of the spear of creating a different world which is more
mercantilist and less committed to international law and multilateralism. The more international
relations revolve around the bilateral relations between states, the better it is for China, which is
the stronger party in all of its bilateral relations except with the United States.
Recommendations
1. While the overall frame of U.S. foreign policy is increasingly focused on competition
with China, the USG must understand that China is committed to asymmetrical
competition in the Middle East. At the same time, Chinese strategy in the Middle East is
focused on China’s global rivalry with the United States. Understanding these two
distinct points is vital to constructing an appropriate U.S. policy toward China’s role in
the region.
2. Similarly, it is appropriate to understand the Chinese-Iranian relationship for what it is,
and not mistake it for what it isn’t. Iran is a tool for China to use in China’s relations with
the United States, and China will not make sacrifices for Iranian benefit. There is no
alliance here, and the prospect of one should be less alarming to U.S. officials than many
seem to assume.
3. It is important to continue to articulate the USG view that while it is appropriate for
countries to develop close economic ties with China, it is also appropriate to be wary of
China’s actions. China has an interest is saying the United States is forcing countries to
choose, and they should resist out of their own economic interest. It cannot be repeated
enough that the volume of U.S. trade with China is prima fascie evidence that the United
States does not object to economic ties.
4. China’s passivity and frequent irrelevance to addressing the robust security challenges
facing the Middle East today, and the central role U.S. diplomacy plays in seeking to
resolve them, should give lie to the theory that the United States is leaving the region and
China is the rising power in the Middle East. Neither is true, and the USG should remind
regional governments why.
5. There are any number of polls that attest to the popularity of China and the unpopularity
of the United States in the Middle East, yet public opinion polls on foreign policy are not
reliable indicators of Middle Eastern governments’ behaviors. Regional rulers are
presumed to have the prerogative to make foreign policy as they see fit. Regional
leaderships are fascinated by China in a superficial way, but they don’t know much about
China. They are mostly interested in the way China’s example seems to refute Western
insistence on their need to adopt liberalism. The United States should focus less on issues
of political ideology and more on the fact that human capital development is the only way
the Middle East can make it through the energy transition whole. The unique value
proposition of Western education and training versus the Chinese model is irrefutable and
gives a strong strategic advantage to sustained influence of the United States and its
allies. 

*       *       *

April 19, 2024
Karen E. Young, Ph.D.
Senior Research Scholar
Columbia University, Center on Global Energy Policy
Testimony before the U.S.-China Economic and Security Review Commission
USCC Hearing on “China and the Middle East”
Panel 1: Energy, Investment, and Economic Interests
Witness Topic: BRI and the Evolution of Chinese Investment in the Region
China's Trade, Investment and Contracting Relations in the Arabian Peninsula
Madam Chairperson and Members of the Commission, Thank you for this opportunity to share
my views and research on the relationship between the Gulf Arab states (Gulf states) and China.
I would like to open my remarks with some framing of the geopolitical environment in which the
Gulf states operate, and their consideration of Chinese investment and trade relations. I will
center my remarks on the Gulf rather than the entire Middle East and North Africa but will draw
on some data from my recent book, Gulf Economic Statecraft: Deploying Aid, Investment and
Development Across the Middle East, North Africa, and Pakistan (MENAP) and some of my
previous and forthcoming publications on Gulf-China economic ties.
Introduction and Framing the Gulf-China Geopolitical Relationship1
The geopolitics of the current age are more than great power competition between the United
States and China; it is a false narrative to limit the role of developing economies of the Global
South to aligning themselves with one side or the other. While we may indeed be in some inter-
regnum period of heightened risk of conflict, there are broader economic trends that may be
more important in the shaping of our future global political economy. And in this new global
economy, it is precisely the role of developing countries that will set the pace and geography of
trade as well as relationships between new trade partners and intermediaries. New trade routes,
investment partnerships, energy demand, and adaptation of technology within and among
developing economies will shape new political relationships and build multiple new centers of
economic power. The Gulf is not between the US and China, but one center or node of new trade
routes and a changing energy demand landscape, new manufacturing locales, each positioning
the Gulf Arab states of the Arabian Peninsula (most notably two: Saudi Arabia and the United
Arab Emirates (UAE)) as a burgeoning logistics hub and artery of the global economy. There is
no fixed center of trade, but rather an eastward shift of intensity.
1 Forthcoming, Young, K. (2024) "The Gulf as Trade Artery of the World" in The Reshaping of Global Logistics.
Geopolitics, Economics, and Technology Trends, Italian Institute on International Political Studies (ISPI) and
McKinsey & Co.
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2
Gulf Positionality in a New Global Trade Environment
Understanding Gulf positionality in a new global trade environment requires a framing of
emerging market economy growth and connectivity. The New Silk Road is one way of
describing this geography and burgeoning economic regrouping. Stretching from East Asia to
Morocco in North Africa, a New Silk Road grouping encompasses 50 countries and 4.9 billion
people, including eight out of the world’s top 20 economies. Its share of global gross domestic
product (GDP) has risen to 40 percent and consultancy Oliver Wyman estimates this will reach
48 percent by 2040.2 Global trade is more concentrated among emerging market economies. This
transition has been underway for some time. Since 2010, emerging markets have been a global
source of export activity, accounting for nearly 45 percent of global exports compared with only
25 percent in 1996 and this growth is not driven solely by China, as researchers at the Federal
Reserve demonstrate.3 Integration into global financial markets is also part of the new geography
of trade, and a point of connection at which the Gulf states excel. New Silk Road firms, or those
based across emerging markets of Asia and the Middle East, account for 221 of Fortune 500
firms.4
The New Silk Road defines the complexity of global supply chains, including the flexibility created
by a China+1 trend, in which relocating manufacturing out of China in turn creates opportunities for
other developing countries in Asia, as well as external regional investors. The use of financial
markets and investment vehicles build a web connecting capital within emerging market economies.
Because so much capital is concentrated in the Gulf, there are unique opportunities for Gulf state
investment vehicles, many with mandates to invest more in Asia and to allocate towards clean
energy projects.
The strength of the grouping will depend on its ability to adapt technology in its manufacturing for
renewable energy supply chains. For example, India's ability to ramp up its production of solar
panels will integrate it both more with developed markets in North America and Europe, but more
likely with the kinds of firms growing in the Gulf to expand solar power production at home and
through their state-owned firms building solar power plants across Africa and West Asia. In this
sense, it is both trade and investment that are coupling in the Gulf to deploy at scale across a wide
geography of increasing energy demand and consumer product demand. To this effect, the Gulf is a
hub of both capital and logistics. Its strengths lay in four factors and trendlines discussed below,
related to: 1) geography, 2) access to capital and ability to deploy it swiftly, 3) fortuitous access to
sites of emerging growth, and 4) a deep expertise in energy product delivery that can serve through
an energy transition.
2 Adel Alfalasi and Ben Simpfendorfer (2024) "The New Silk Road: Growth, Connection and Opportunity", Oliver
Wyman. https://www.oliverwyman.com/content/dam/oliver-wyman/v2/publications/2024/mar/the-new-silk-road-
complete-series.pdf
3 Reyes-Heroles, Ricardo, Sharon Trailberman and Eva Van Leemput (2020). Emerging Markets and the New
Geography of Trade: The Effects of Rising Trade Barriers. International Finance Discussion Papers 1278, pp. 4-5.
https://www.federalreserve.gov/econres/ifdp/files/ifdp1278.pdf
4 Adel Alfalasi and Ben Simpfendorfer (2024) "The New Silk Road: Growth, Connection and Opportunity", Oliver
Wyman. https://www.oliverwyman.com/content/dam/oliver-wyman/v2/publications/2024/mar/the-new-silk-road-
complete-series.pdf
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3
The weaknesses of the Gulf are entirely political, in that its entrepot position both geographically
and politically depends on access to US capital markets and a defense umbrella, alongside access to
trade and consumer markets across emerging Asia and Africa, with a special relationship to China
and India.
Gulf Infrastructure on Call
Indeed, where we find the largest investment and growth in trade infrastructure, especially ports,
tends to be in both Asia and the Gulf. MEED reports that current projects in global port
infrastructure investment in early 2024 (including early pre-planning stages of announcement
and study, through to execution) stand with a combined value of $497bn.5 Southeast Asia has the
highest share of the pipeline value, standing at $84.5bn, followed by the Middle East and North
Africa region at $73.2bn and South Asia at $73.1bn. New port construction in the Gulf
Cooperation Council (GCC) states in the last year includes plans to build a new terminal at Ras
Al Khaimah in the UAE, with a contract awarded to China Harbour Engineering (Chec). Also, in
Jeddah Islamic Port, Bahri Logistics began construction on a new logistics and distribution
center in March 2024. AD Ports Group (Abu Dhabi government-owned) signed an agreement in
partnership with the Red Sea Ports in Egypt. Ports in the Gulf (and Middle East more broadly)
often rank as the most efficient ports in the world, according to regular World Bank and S&P
Global Market Intelligence container port performance index.
6 The port connections between the
Gulf and China include contracting services as well as trade. Chinese contractors are frequently
winning awards for port expansions and in collaborations or joint ventures in industrial zones
around Gulf ports, and that industrial activity is usually related to the energy sector (e.g.,
refineries, crude, or refined product storage) or the transport of energy and new energy products
(e.g., green steel, critical minerals for EV production, etc.)
To this end, the GCC states own, or are operating, building, and investing in the current set of
regional7 port infrastructure, some with Chinese investment and contracting awards:
1. Port of Jebel Ali (UAE)
Owned by Government of Dubai, operated by DP World.
2. Port of Salalah (Oman)
Owned by Government of Oman, operated by APM Terminals (subsidiary of Maersk Group)
3. Port of Djibouti (Djibouti). Owned by Government of Djibouti, formerly operated by DP
World, and after government take-over (2018) now operated by Djibouti Ports and Free Zones
Authority.
5 Middle East Economic Digest (MEED) (2024). "Global Economy Needs More Port Infrastructure."
https://www.meed.com/global-economy-needs-more-port-infrastructure
6 World Bank Group (2022). Middle East container ports are the most efficient in the world,"
https://www.worldbank.org/en/news/press-release/2022/05/25/middle-east-container-ports-are-the-most-efficient-in-
the-world
7 There are important expansions of Gulf port operators outside of the Gulf region, including East and West coasts of
Africa. See work by Eleonora Ardemagni (2023) "One Port, One Node: The Emirati Geostrategic Road to Africa,"
ISPI. https://www.ispionline.it/en/publication/one-port-one-node-the-emirati-geostrategic-road-to-africa-131893
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4
4. Port of Aden (Yemen)
Owned by the Government of Yemen, operated by multiple firms, including DP World and
China Merchants Port Holdings and local Yemeni authorities.
5. Port of Berbera (Somaliland, Somalia), owned by the Government of Somaliland and operated
by DP World.
6. Port of Aqaba (Jordan), owned by Government of Jordan, operated by Aqaba Development
Corporation (ADC), but recently AD Ports Group (Abu Dhabi government-owned) and ADC
signed a joint venture (51% stake held by AD Ports Group subsidiary Maqta Gateway) to create
an operating company Maqta Ayla to streamline operations at the port and in road trade to
Jordan.8
7. Port of Duqm (Oman) is owned by the Government of Oman and operated by Port of Duqm
Company, a government entity. There is investment in the special economic zone as part of
Duqm, including a committed $3.7bn development plan over 30 years from China's Oman
Wanfang.9 That has been slow to materialize. Though an investment from Kuwait to build an oil
refinery in Duqm has already paid dividends given its strategic location outside of both the Red
Sea and Strait of Hormuz, given recent conflict in the region.10
8. Jeddah Islamic Port (JIP) is one of the oldest ports in Saudi Arabia, recently deepened and
expanded to more than double container capacity to 6.2 million containers spread over 11
platforms.11 The terminal facility is operated by DP World.
9. Ras Al-Khair Port (Saudi Arabia) Located in the Eastern Province of Saudi Arabia is part of
an industrial zone serving the Ma'aden phosphate and aluminum plants, among other facilities
like the Shanghai-based Baoshan Iron and Steel Co. recent $4bn investment in the Ras Al-Khair
special economic zone to manufacture steel plates.12
10. Dhiba Port (Saudi Arabia) Located near the NEOM project and its Oxygon industrial zone on
the Red Sea coast, this port is under expansion plans to handle 3.5-4-million-ton equivalent units
(TEUs) by 2030. (For comparison, Jebel Ali has a capacity over 19 million TEUs.)13 The port is
near the Jordanian border and could play an instrumental role in broader Middle East and North
8 Sambidge, A. (2024, February 16). "AD ports deal to transform Jordan’s Aqaba," Arabian Gulf Business Insight.
https://www.agbi.com/trade/2024/02/ad-ports-deal-to-transform-jordans-aqaba/
9 Aguinaldo, J. (2017, April 4). "Chinese investor mobilises for Duqm Project," MEED.
https://www.meed.com/chinese-investor-mobilises-for-duqm-project/
10 Paola, A. D. (2024, February 8). "Duqm oil refinery cranks up output as fuel cargoes avoid Red Sea," Bloomberg.
https://www.bloomberg.com/news/articles/2024-02-08/new-oil-refinery-cranks-up-output-as-fuel-cargoes-avoid-red-
sea
11 Hammond, A. (2024, February 16). "Expansion of Jeddah Islamic Port complete," Arabian Gulf Business Insight.
https://www.agbi.com/logistics/2024/02/expansion-of-jeddah-islamic-port-
complete/#:~:text=The%20project%20to%20deepen%20and,11%20platforms%2C%20a%20statement%20said.
12 Arab News (2023, May 30). "China’s Baoshan Iron and Steel Co. invests $4bn in Ras al-Khair Economic Zone,"
Arab News. https://www.arabnews.com/node/2312891/business-economy
13 Nereim, V. (2021, November 25). "Saudi prince’s “NEOM” to expand port to rival region’s biggest," Bloomberg.
https://www.bloomberg.com/news/articles/2021-11-25/saudi-prince-s-neom-to-expand-port-to-rival-region-s-biggest
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Africa (MENA) connectivity for Saudi exports, in some ways in an alternative route proposed by
the India-Middle East Economic Corridor (discussed below).
11. Yanbu Commercial Port (Saudi Arabia) Located also on the Red Sea coast in the Madinah
region, the port is under expansion of berths, terminals, and ability to accommodate larger
vessels.
12. Ras al Khaimah (UAE) Saqr Port and the RAK Free Zone and Maritime Zone are all part of
RAK Ports. An expansion in 2019 included two deep water Capesize berths at Saqr Port, with
annual capacity at 95 million tons, one of the largest dry bulk ports in the world. A 2024 contract
awarded to China Harbor Engineering Company (Chec) will support a new steel sheet pile
wharf, dredging and widening of the channel.14
13. Abu Dhabi Ports Group (UAE) operates 10 ports in the UAE, including the Khalifa Port in
Abu Dhabi, in a set of commercial ports and terminals, along with community ports and tourist
cruise terminals. Beyond east-west trade, the Khalifa Port and economic trade zone (KEZAD)
are home to industrial processing, including a new agreement with Titan to import lithium mined
in Zimbabwe to be processed into battery-grade lithium carbonate and lithium hydroxide for
battery manufacturers and electric vehicle original equipment manufacturers in KEZAD.15
Abu Dhabi Ports Group also wholly owns the Port of Fujairah in the northern UAE, which is the
third largest bunkering hub in the world, with more than 10 million cubic meters of crude and oil
products storage capacity.16
GCC Rail
There has been considerable interest and speculation about the possibilities of a more inter-
connected rail system to boost intra-regional trade and to support burgeoning efforts at east-west
trade corridors from India to the Mediterranean and on to Europe. The GCC rail project has been
a point of discussion for over a decade, when the Gulf Railway project was approved at the 30th
GCC summit in Kuwait City in December 2009, with a completion date set for 2018. The steep
decline in oil prices in 2016 created the first delay in project awards, but by 2017, the GCC
dispute (formally between June 2017- January 2021) between the UAE, Saudi Arabia, Bahrain,
and Egypt with neighbor Qatar disrupted all chances of regional economic integration. With the
Al Ula agreement, the GCC secretariat in January 2021 effectively restarted the project, though
the six member states are in different stages of new tenders and awards. GCC leaders approved
the establishment of the GCC Rail Authority in January 2022. That same year, Oman and the
UAE established the Oman-Etihad Rail Company to implement a 303-kilometre network,
supported by a Mubadala investment. Not for passengers or necessarily consumer products, the
utility of the rail network lies in energy and logistics supply chains. Oman-Etihad Rail Company
signed a memorandum of understanding (MoU) with Brazilian mining company Vale to explore
14 Iqbal, Y. (2024, March 5). "Chinese contractor wins Ras Al Khaimah port upgrade," MEED.
https://www.meed.com/contractor-wins-ras-al-khaimah-port-upgrade-project
15 Iqbal, Y. (2024a, February 14). "Titan to establish $1.4bn KEZAD Lithium Plant," MEED.
https://www.meed.com/titan-to-establish-14bn-kezad-lithium-plant
16 About Us - Trade Logistics Hub. Fujairah Terminals. (2023, March 16). https://www.fujairahterminals.ae/about-
us/#:~:text=Wholly%20owned%20by%20AD%20Ports,cruise%20business%20at%20the%20Port.
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using rail to transport iron ore and its derivatives between Oman and the UAE, connecting Vale’s
industrial complex in Oman’s Sohar Port and Freezone and a planned hub in Abu Dhabi. Vale is
the same firm in which the Saudi PIF and state mining company Maaden recently acquired a ten
percent stake. Oman and Saudi Arabia plan to establish a railway link connecting Duqm with
Riyadh through the Ibri border, for a planned economic zone in the Al-Dhahirah area.
Inside of Saudi Arabia, the land bridge project has potential for considerable efficiencies and
expansion of trade networks. As Saudi Arabia plans to integrate rail with sea and dry ports, the
$7bn Saudi land bridge rail project recently began tenders for project management, with an
award to US-based Hill International, Italy’s Italferr and Spain’s Sener in December 2023. The
Saudi China land bridge consortium, a joint venture of Saudi Railway Company and China Civil
Engineering Construction, reported in November 2023 its final stages of negotiation with
contractors for the project.17 When finished, the six-line railway will connect Jubail and
Damman to Jeddah and Yanbu, running east to west across Saudi Arabia with 1,500 km of rail
lines. The Red Sea ports of Saudi Arabia have been somewhat shielded by recent attacks from
the Houthis on sea transit, as they are based farther north. East-west transit avoids the Strait of
Hormuz and has the advantage of Saudi port networks on the Red Sea coast.
India-Middle East Economic Corridor18
At the September 2023 G20 meeting, host country India along with the United States, the
European Union, France, Germany, Italy, Saudi Arabia, and the United Arab Emirates (UAE)
signed a memorandum of understanding, a non-binding commitment, to work towards building
two separate "corridors", essentially envisioning a political line that is connected by some new
and some existing, or already under construction, physical infrastructure. The east corridor
envisions connecting India to the Arabian Gulf and the northern corridor connecting the Arabian
Gulf to Europe. Its most visible infrastructure project is an old-fashioned railway, as a ship-to-
rail transit network enabling goods and services to transit to, from, and between India, the UAE,
Saudi Arabia, Jordan, Israel, and Europe. More important is what else would go along the rail
line, including the laying of cable for electricity and digital connectivity, and most critically, a
conduit for clean hydrogen export from the Gulf to Europe.
The IMEC is part of a larger collaboration among G7 governments, international financial
institutions and private (mostly US) infrastructure investors. In a belated policy response to
China's BRI, the US government, and partners in the G7 announced a Partnership for Global
Infrastructure and Investment (PGII) in May of 2023.19 The intention is to politically support
more blended finance for clean power, transport, health, and climate resilient infrastructure in
low and middle-income countries. The IMEC does not neatly fit into the PGII initiatives either,
17 Foreman, C. (2023, December 7). Firms win Saudi land bridge. MEED. https://www.meed.com/firms-win-saudi-
landbridge
18 This passage draws from Young (2023) "All you need to know about the India-Middle East Economic Corridor,"
Al Majalla, November 4, 2023. https://en.majalla.com/node/303536/politics/all-you-need-know-about-india-middle-
east-europe-economic-corridor
19 The White House (2023) Fact sheet: Partnership for global infrastructure and investment at the G7 summit. May
20, 2023. https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/20/fact-sheet-partnership-for-
global-infrastructure-and-investment-at-the-g7-summit/
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as it is not an accelerator of clean energy finance and the countries it connects are not all low or
middle income. The IMEC does serve broader energy security goals for European nations and
allows the United States to advance a national security goal in supporting regional economic
integration by knitting together its strategic partners Israel and Saudi Arabia, at least by rail.
The IMEC corridor is a Western political imagining of balancing in a multipolar system, mainly
adding states to its side of the balance sheet in a future conflict with China. The IMEC corridor
provides something for all, including China. The Gulf (and the UAE in particular) is already the
most important re-export source of Chinese goods in the region. An additional corridor by land
would only facilitate that existing capacity from Jebel Ali. The question is, if the new route is any
faster, cheaper, or safer than existing sea routes. It still navigates the Strait of Hormuz and
depends on another sensitive location at Israel's Haifa, a port now managed by an Indian
conglomerate that is backed by Emirati state investment.20 The UAE is most advantaged in
cementing its trade ties with India and growing new investments in strategic infrastructure assets
through Israel, the Eastern Mediterranean, and on to Europe. Despite the GCC rail network plan
coming back in motion, Oman is not a signatory of the IMEC memorandum of understanding
and its new port development on the Arabian Sea at Duqm, much closer to India, would not be
part of the corridor.
The Gulf Logistics Thesis
The Gulf central logistics thesis rests on four factors and trends:
1) A central geographical location. The location of GCC countries is an advantage because
transporting renewable energy over long distances, whether in the form of electricity or
hydrogen, is costly. As the cost of producing renewable electricity and hydrogen continues to
decline, transportation’s share in the overall cost structure will increase. The GCC countries offer
comparatively easy access to large import markets in both Europe and Asia, as well as to
developing markets such as those within Africa. The Gulf states benefit not only in the shifts in
inter-Asian trade occurring, as manufacturing moves from China into other Association of
Southeast Asian Nations (ASEAN) countries, but also in the Gulf's proximity to India. As higher
tech manufacturing also moves to India, the evolution of supply chains in renewable energy,
especially in EV manufacturing and solar panel components, will benefit Gulf solar companies
expanding abroad and new car manufacturing efforts at home, as well as intermediary positions
in export to Africa and beyond. As a center of a new energy market, across products from
electricity transmission (from solar and nuclear power), green and blue hydrogen fuels, and new
energy products, the Gulf has a key advantage.
2) The Gulf states benefit in their geographic location as an intermediary of trade between high
growth areas in Africa and the Middle East and Asia, but perhaps as much or more in their role as
financial intermediaries and investors in infrastructure, both at home and abroad. While the cost
of capital is rising given global inflationary pressures, Gulf governments and their state
20 Elbahrawy, F., & Shrivastava, B. (2023, January 30). "Adani enterprises FPO: Abu Dhabi’s IHC invests $400
million in Adani Share Offer," Bloomberg. https://www.bloomberg.com/news/articles/2023-01-30/abu-dhabi-s-ihc-
invests-400-million-in-adani-share-offering
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investment vehicles have a plethora of institutions on hand to access capital markets at favorable
interest rates compared to other emerging market economies. They can leverage state firms to
borrow against and can issue partial privatizations to raise capital; this strategy has been essential
to Saudi Arabia's Vision 2030 objectives, including raising the capital needed domestic
infrastructure for trade networks. GCC states can deploy capital at scale for infrastructure for the
energy transition and in transport systems. The IMF predicts that Southeast Asia, South Asia,
and Sub-Saharan Africa will be central to future trade growth. It expects China’s influence on
global trade growth to wane as trade becomes more diversified across many countries. By 2026,
it is expected that emerging economies will account for 45 percent of trade growth. The GCC
states are best positioned as investors and operators of major infrastructure projects, from ports
to power plants, in these growth areas.
3) Trade growth and density is changing with e-commerce trends, demand for sustainable
materials like green steel, materials for low carbon products like EVs, and increasing the volume
of trade between China and ASEAN and Silk Road countries. E-commerce trends across
developing economies will require additional air cargo. Gulf state carriers are capitalized and
expanding. GCC investment can also benefit from the relocation of manufacturing from China
into other Asian locations, creating new co-investment opportunities with Chinese firms and new
export routes by sea and air cargo for Gulf carriers. Air cargo is a growing market and the ability
to finance and run state-owned carriers is a critical advantage. The growing trend of e-commerce,
especially in apparel and household goods from Chinese discount retailers, is transforming the
air cargo sector. According to the IATA, one in five parcels currently transported has been
purchased online, and the figure is set to grow to one in three by 2027.21 E-commerce within the
GCC is also booming, as traditional point of sale retail is increasingly shared by on-line
purchases and delivery. In the UAE, the Ministry of Economy finds just 4.2 percent of retail is e-
commerce, the largest in the MENA region, with clear room for growth.22
As China's lower-end industrial sectors relocate towards ASEAN countries, there are
opportunities for more labor-intensive manufacturing for leather, textiles, ceramics, and glass
along with companies in solar, electric vehicles and lithium battery assembly processing. And
while countries like Vietnam, Thailand, and Indonesia benefit, so too does Morocco, Jordan, and
Egypt, as well as India as competitive labor sites. This shift in where consumption on the one
hand and manufacturing and assembly happens on the other, is rapidly changing the trade and
investment partners of the Gulf. It is an emerging markets story, but also one of geopolitics and
sound national investment strategy.
The long-term growth fundamentals for Gulf-Asia trade are robust. In the shorter term,
transporting goods to and from China via air, rail and sea continues to grow, driven by Chinese
e-commerce sites of fast fashion and discount retail. As China increases its trade with ASEAN
and its New Silk Road partners, the demand for logistics increases. Trade will increase as Asia’s
21 Goldstone, C. (2024, March 14). "A 'tsunami of e-commerce growth' on course for Air Cargo," The Loadstar.
https://theloadstar.com/a-tsunami-of-e-commerce-growth-on-course-for-air-
cargo/#:~:text=According%20to%20IATA%2C%20one%20out,one%20in%20three%20by%202027.
22 UAE Ministry of Economy. "Investing in Logistics in the UAE,".
https://www.moec.gov.ae/documents/20121/1121099/Logistics+Investment+Heatmap+%282%29.pdf/fd1ee021-
917b-b09f-e254-ef9d86769c43?t=1646194073616
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economies, middle-class populations and their demand for energy expand over the next decade.
The Gulf’s efforts to diversify their economies and develop non-oil sectors, especially in
sustainability and technology, will further drive cooperation. While the oil and gas trade
dominate growth between the Gulf and Asia now, the expansion extends beyond oil. Non-oil
sectors, particularly technology sectors that are vital for the Gulf’s economic diversification and
digitalization, have played a significant role. In 2010, for example, around 42 percent of Gulf
trade was with advanced economies, by 2022, advanced economies shared just 34 percent of
Gulf trade, with rising shares from Emerging Asia and other emerging markets.23
4) Dominating the Energy Business. The Gulf states are best positioned to continue oil and gas
production while at the same time leading investment and innovation in renewable energy
production, technology, its export, and renewable project development on a wide inter-regional
scale with advantage across emerging market economies alongside their position to be partner
investors in clean energy policy incentives, like the Partnership to Accelerate Clean Energy
(PACE) between the UAE and the United States.24
China and the Gulf: Necessary Partners25
The Gulf states are in some ways necessary but insufficient partners in China's political and
economic development ambitions. The Belt Road Initiative includes the Persian Gulf in its
geographic ambition, but the Gulf is more of an entrepot, a stopover that is not a high population
center or high-volume export market for China. For now, China's engagement in the Persian
Gulf, from Iran on one side to the Gulf Arab states on the other, has been met with a kind of
businesslike acceptance. The oil and gas exporters of the Gulf Cooperation Council find
themselves in an unenviable position: China seeks their resources but is less interested in
providing or replacing the current US security umbrella. China needs the Gulf (both the Arab
Gulf states and Iran) but has other sources of hydrocarbons. The Gulf needs China as an export
market, but any political partnership with China carries limited benefits. China will likely need
the Gulf states less in twenty years as a source of hydrocarbon resources. And China will also
seek to be in some of same businesses that the Gulf states seek to dominate, specifically in
renewable energy like solar, but also in contracting or construction businesses for infrastructure
development across the Middle East and the Horn of Africa.
There is also substantial variance among the GCC states in their economic linkages with China.
Iran's economic ties with China are even more tenuous. Given the restrictions of sanctions over
the last decade, more progress has been made in cementing China's economic links to the Arab
side of the Gulf. China is neither a monolithic presence across the Middle East, nor an equal
partner across the six GCC states. China's leverage as a provider of contracting services and
development finance is disparate. And in some cases, even when Beijing has been ready to act as
a source of finance, in providing commitments of investment, Gulf states have had second
23 Asia House (2023) The Middle East Pivot to Asia.
24 The White House (2022) Fact sheet: U.S.-UAE Partnership to accelerate transition to clean energy (PACE). The
White House. November 1, 2022. https://www.whitehouse.gov/briefing-room/statements-releases/2022/11/01/fact-
sheet-u-s-uae-partnership-to-accelerate-transition-to-clean-energy-pace/
25 Young, K. (2023) "China and the Gulf: Necessary Partners" chapter 15 in Yahia Zoubir, ed. Routledge Companion
to China and the Middle East and North Africa, Routledge: London.
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thoughts. Iraq is one example; Iran is another. In 2021, Iraq suspended a potential deal to accept
$2 billion for future deliveries of crude oil to China, despite a desperate need for external
finance.26 Likewise, the much-lauded 2021 Iran-China investment memorandum of
understanding was large on promises ($400 billion of them over 25 years), but short on specifics,
while facing considerable objections in Iranian domestic politics over concerns of a flood of
lower priced Chinese goods to the Iranian consumer market.27
My remaining testimony proceeds in the following order. First, what does China see as an
endgame in the Gulf? What is the longer-term value of political and economic ties to the Gulf
states? Second, how do we explain variance in the location and abundance of economic ties with
China, from investments and loans to contracting across the Gulf? And what are the various
sources of economic ties and what do they tell us about China's ability to partner in the
development and economic diversification goals of the Gulf states? From loans to contracting
and commitments of foreign investment, how can we measure or compare the depth of China's
economic interests in the Gulf? Third and lastly, what are areas of potential roadblocks ahead in
Gulf-China ties, specifically on investments in technology and military capability and areas of
strategic competition like electricity generation from renewable energy? And how might China's
own demographic transition fit into a larger picture of declining or plateaued demand for
traditional hydrocarbon exports from the Gulf? I would argue that while China-Gulf economic
ties are increasing, they also come at a moment of tremendous change and expected
reconfigurations of global trade, energy markets and consumer demand. These ties will not be
static and should be considered as part of larger reconfigurations of population growth and
economic activity.
China's Outward Vision for the Gulf
China, via its ruling party, has made very clear how the Middle East is just one part of a much
larger outward strategy in its foreign policy and economic growth. In January 2021, China's State
Council Information Office issued a white paper entitled "China's International Development
Cooperation in the New Era," a detailed policy description of China's approach to international
development and how to use its state institutions and private citizens and firms to more firmly
establish ties, both economic and political, in developing countries.28 For the Middle East, and
for the Gulf Arab states in particular, the Chinese approach to development emphasizes a South-
South focus. The rhetoric of a development ideal that is divorced from liberal democratic
capitalism and ideals of the West has a certain attraction to the authoritarian capitalist states of
the Gulf. There are no impositions on domestic politics, and there is a welcome role for state-
related entities, as well as private sector actors in economic development.
26 Al-Ansary, K. (2021) Iraq walks away from $2B upfront oil deal with China, World Oil, 22 February, Available at
https://www.worldoil.com/news/2021/2/20/iraq-walks-away-from-2b-upfront-oil-deal-with-china
27 Esfandiary, D. (2021) Iran’s ‘New’ Partnership With China Is Just Business as Usual, World Politics Review, 22
April, Available at https://www.worldpoliticsreview.com/articles/29593/the-iran-china-deal-isn-t-all-that.
28 United Nations Development Program (2021) Brief on White Paper on China's International
Development Cooperation in the New Era, 5 February, Available at
https://www.cn.undp.org/content/china/en/home/library/south-south-cooperation/issue-brief---brief-on-
white-paper-on-china-s-international-deve.html.
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China formalizes relationships through a hierarchy of partnership agreements. Loosely, these are
memoranda of understanding which are not legally binding, but rather aspirational in
commitments of investment and levels of diplomatic engagement. From "Friendly Cooperative
Partnership" at the lowest level to "Comprehensive Strategic Partnership" at the highest, China
engages the Middle East and the Gulf in proportion to its own development objectives.29 For that
reason, the countries with the highest level of "partnership" are those that are most valuable to
China as a source of energy products, as geographic locations for re-export with good port
infrastructure, and those that are open to awarding Chinese contracting firms opportunities.
China has a "strategic partnership", the second highest level of engagement, with at least a dozen
Middle East states. But its "comprehensive strategic partnerships" are reserved for a few: Iran,
Saudi Arabia, the United Arab Emirates, Egypt, and Algeria.
China and Iran have been slowly socializing a strategic partnership since 2016, also the year
China released its "Arab Policy Paper," outlining general areas of trade and cooperation with the
Middle East more broadly, making little distinction between Arab and non-Arab regional
partnerships. Iran was also the site of a high-level visit by President Xi Jinping in 2016, as was
Saudi Arabia.
30 Iran's "comprehensive strategic partnership" with Iran is less a breakthrough
about the 25-year, $400 billion investment commitment, which is not binding or real cash on the
table now, but about the "sanctions free" nature of the partnership. China has made an
interjection in Gulf regional politics based on economic rationale, but that is highly contentious
not just with Arab state partners, but also with the United States. China needs Iran as a source
(but not its only source) of reliable and inexpensive oil supply. Iran needs China more as a
diplomatic wedge to the United States. Iran has feared becoming a dumping ground of cheap
Chinese goods; the "sanctions free" nature of the Chinese relationship is what has been necessary
to gain Iranian domestic support for the strengthening of bilateral ties.
If US sanctions on Iran's oil exports are lifted or eased as part of a return to the Joint
Comprehensive Plan of Action, oil prices may weaken further given a global supply glut.31 But
there is some question of how much impact Iran's exports to China would have on existing
market share supplied by Saudi Arabia and other Gulf Arab states: probably not much, though
Saudi Arabia will not welcome the return of Iranian oil to markets, especially if Iran has agreed
to sell at steep discounts. China is also not likely to stop buying from Gulf Arab partners, given
shared co-investments in refineries and petrochemical facilities across the wider region. All have
become connected, willingly, or not.
29 Fulton, J. (2019) China’s Changing Role in the Middle East, Atlantic Council, June, Available at:
https://www.atlanticcouncil.org/wp-
content/uploads/2019/06/Chinas_Changing_Role_in_the_Middle_East.pdf.
30 Perlez, J. (2016) President Xi Jinping of China Is All Business in Middle East Visit, New York Times, 30 January,
Available at: https://www.nytimes.com/2016/01/31/world/asia/xi-jinping-visits-saudi-iran.html.
31 Gordon, M. (2021) Iran oil sanctions relief expected in months if Vienna talks result in deal, S&P Global, 6 May,
Available at: https://www.spglobal.com/platts/en/market-insights/latest-news/oil/050621-iran-oil-sanctions-
relief-expected-in-months-if-vienna-talks-result-in-deal.
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For the United States, China's ability to be an economic and political actor across the Persian
Gulf can be threatening. The problem with viewing China as a great power competitor in the
Middle East is that China is competing in entirely different mechanisms than the United States.
The goal for China is not to be a security umbrella, a regional alliance or solely to gain a market
for exports. China is after energy resources and strategic locations for its trade and transport
security, which means it is invested in certain choke points in the Middle East, Horn of Africa,
and Indian Ocean. And China has made relationship-building a priority, as these "comprehensive
strategic partnerships" signify.
Variance in China-Gulf Economic Ties
Iran is not nearly as attractive as an investment destination to China as the Gulf Arab states can
be. There is an energy imperative to China's investments and partnerships in the Gulf, mostly
concentrated in Saudi Arabia and the UAE for now. Interestingly, new partnerships and co-
investments include areas of potential competition, as the Gulf Arab states develop expertise in
renewable, especially solar energy production, and as Gulf national oil companies begin a
diversification strategy to privatize some pipelines and state port facility assets. Trade and
finance have come second in importance, though China has steadily increased the presence of its
banking sector in the United Arab Emirates and increased its ability to win contracting awards
for its construction companies working in the Gulf Arab states.
In data collected by fDi Markets, a Financial Times company, the stand-out recipients of Chinese
foreign direct investment from 2003-2020 are three states in the Gulf Cooperation Council
(GCC): Oman, Saudi Arabia, and the United Arab Emirates.
Figure 1: Chinese Capital Investments in the GCC (2003-2020)
source: fDi Markets
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In terms of job creation, these same three states are the most intense sites of Chinese investment
intervention in the GCC, but not necessarily in creation of jobs for nationals, as low wage foreign
workers account for most of the construction sector.
 

 Figure 2: Total Chinese Capital Investments in the GCC (2003-2020)
Source: fDi Markets

 

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In terms of the variability over time in Chinese job creation in the GCC, the sharp increase job
creation after 2016 is most evident, pointing to more contract awards in the construction sector.
Figure 3: Chinese Job Creation in the GCC (2003-2020)
Source: fDi Markets



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In terms of Chinese capital investment flows to the GCC between 2003 and 2020, we see at least
three periods of spikes or sharp increases, in the period around 2008, 2011 and 2016. The other
trendline that emerges is the variability in those states most "favored" by China in its economic
linkages.
Figure 4: Total Jobs Created by Chinese Companies in the GCC (2003-2020)
Source: fDi Markets


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16
The UAE is certainly emergent in that trend now, though competition between Gulf national oil
companies in attracting investment partners in partial privatizations means China also has a bit of
new leverage.
China's direct economic gains in the wider Middle East relied mostly on winning contracting
awards from Gulf governments, including a recent award in Etihad rail in the UAE (Bhatia,
2020). As part of strategic partnerships, there is also equal interest from the Gulf side to become
a part of the China One Belt One Road initiative. The appointment of Chinese contractors to Gulf
infrastructure projects is a complementary Gulf state policy objective, as evidenced by Dubai
Silk Road strategy, which comprises 9 initiatives and 33 projects aimed at enhancing the
emirate's trade and logistics capacity.32
After Saudi Crown Prince Mohamed bin Salman's state visit to China in 2019, investors signed
$28bn worth of MOUs for projects in Saudi Arabia, including construction sector agreements
with China State Construction Engineering Corporation (CSCEC), including an agreement to
32 Oxford Business Group (2019) Dubai Silk Road strategy to capitalise on logistics infrastructure and global
connections, Available at: https://oxfordbusinessgroup.com/analysis/sleek-strategy-dubai-silk-road-
strategy-outlined-mid-2019-aims-capitalise-emirate%E2%80%99s-trade-and.

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build housing units (worth $667m) for the Saudi National Housing Company.33 CSCEC has
completed $7.8 bn worth of projects in the Middle East in the last 15 years and has $19bn worth
of contracts according to MEED Projects. In 2019, there were $520bn worth of pre-execution
phase projects in Saudi Arabia alone.
By 2021, Chinese solar firms had gained contract awards to help Saudi Arabia reach its
ambitious solar electricity generation goals, in partnership with ACWA power, a firm partly
owned by the Saudi sovereign wealth fund, the Public Investment Fund, including a co-
ownership with China's Silk Road Fund in ACWA's renewable energy holding company.34
Outside of oil and gas, renewables have also been a focus of Chinese investment in the Gulf. In
2017, Abu Dhabi awarded a contract to a consortium led by Japan's Marubeni Corporation and
China's Jinko Solar to develop a 1,177 MW PV solar independent power project at Sweihan, the
world's largest single-site solar project.
35
China imported $6.7 bn (or 2.8 percent) of its total oil requirements from the UAE in 2018. But
more than a key export market, China is increasingly an active investor in Gulf oil and gas
infrastructure, including recent co-investments in Abu Dhabi National Oil Co (ADNOC) onshore
concession and new offshore concessions. In the summer of 2020, for the first time a dedicated
Chinese offshore oil and gas company has joined ADNOC offshore concessions. ADNOC
pointed out that PetroChina holds a 10-percent interest in the Lower Zakum concession as well
as 10 percent of the Umm Shaif and Nasr concession. With the agreement, CNOOC will hold
four percent interest in Lower Zakum and Umm Shaif/Nasr, with PetroChina holding the
remaining six percent.36
Total trade between the UAE and China totaled $50bn in 2017, and 60 percent of Chinese goods
imported into the UAE are re-exported to the Middle East and Africa, making the UAE more
central to China's trade ambitions and networks regionally. (Non-oil trade between the UAE and
China exceeded $72 billion by 2023.)37 Chinese financial institutions are also making inroads in
the Gulf finance sector. The UAE's federal government-owned development bank (Emirates
Development Bank-EDB) issued its first bond in 2018 (after a decree allowing federal debt
issuance), in which the $750m five-year bond was arranged by Emirates NBD Capital, Industrial
and Commercial Bank of China, and Standard Chartered. China’s largest state-owned
commercial banks—Industrial and Commercial Bank of China, China Construction Bank,
Agricultural Bank of China, and Bank of China—have been increasing their market share in the
33 Yiu, K. (2019) Saudi prince's trip to China highlighted by $10 billion petrochemical deal, ABC News, 22 February,
Available at: https://abcnews.go.com/International/saudi-princes-trip-china-highlighted-10-billion-
petrochemical/story?id=61233563.
34 Aguinaldo, J. (2018) Chinese contractors are becoming a dominant force, MEED, 5 December, Available at:
https://www.meed.com/chinese-contractors-relentless-pursuit-bears-fruit/.
35 AP News (2020) JinkoSolar Sells Its Stake in Abu Dhabi Sweihan Power Station, 27 November, Available at:
https://apnews.com/press-release/pr-newswire/business-brazil-corporate-news-latin-america-and-caribbean-
north-america-2401d0ed5f0c5eadbb392ed7b8f71e42.
36 Saadi, D. (2020) UAE's ADNOC adds CNOOC of China as new partner in two offshore concessions, S&P Global,
27 July, Available at: https://www.spglobal.com/platts/en/market-insights/latest-news/natural-gas/072720-
uaes-adnoc-adds-cnooc-of-china-as-new-partner-in-two-offshore-concessions.
37 UAE Ministry of Economy (2023) https://www.moec.gov.ae/en/-/uae-and-china-discuss-investment-opportunities-
in-new-economic-sectors-trade-transportation-technology
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Middle East. With their first foothold established in the Dubai International Financial Center
(DIFC), each of the Big Four have opened operating branches in the Middle East and North
Africa (MENA) region since 2008. From their branches in the DIFC, these banks run major
regional operations and continuously expand their activities. As of March 2019, the Big Four
contributed a quarter of DIFC’s collective balance sheet for banking.38
China is quickly becoming a major contender in large project development in the Middle East.
Because Chinese contractors can often bid on awards with state-backed financing, they are able
to assess and win projects with higher risks in new and less established markets. Chinese
financing has played a significant role in a railway network in Iran and other projects in Iraq,
Algeria, and Saudi Arabia, according to research by MEED in its "The Future of Middle East
Energy” report (2018). These four countries, along with the UAE, accounted for 75 percent of
the total estimated value of projects awarded to Chinese contractors in 2000-2017. China’s total
share of contracts awarded across the region was almost 13 percent, and Chinese contracting is
expected to grow further. The UAE was a prime destination for Chinese policy lenders in the last
two years, with $2.3 billion in loans, including financing towards the expansion of both Dubai
International Airport and Al Maktoum Airport. Jordan came in second, with total lending valued
at $1.7 billion, followed by Saudi Arabia with $977 million and Egypt with $890 million.
Looking towards new projects, Chinese firms are aggressively bidding on MENA infrastructure.
They bid to build part of a railway in the UAE, a rail network already linked to Huawei
technology products. MENA governments have encouraged Chinese firms to bid and often
award contracts because they are the most price competitive, given their ability to rely on state
banks for financing for projects that relate to the Belt Road Initiative. The linkages of technology
to infrastructure projects have created a sensitive collaborative model, in which companies like
Siemens agree to partner with Chinese contractors to win participation in these large projects.39
Competition and Transition: The Future of Gulf-China Economic Relations
Export-oriented growth now includes the provision of finance as a service. The Chinese strategy
of port development, large-scale construction services and the provision of state-backed finance
instruments is gaining traction in the Gulf, but it is also inspiring Gulf states to emulate this
strategy, sometimes in the same places where China is engaged. As these forces combine, their
incentives to create opportunity and development in recipient countries will differ sharply from
traditional multilateral sources of development finance.
The synergy now created by both Chinese economic statecraft and Gulf states’ increasing
orientation eastward is a powerful force that will affect patterns of investment in emerging
markets, but also practices of development finance, of post-conflict reconstruction, and ideas
about appropriate governance of markets of the Middle East. Much of this relationship involves
Gulf supply of China’s seemingly insatiable demand for energy, but China is also eying the Gulf
38 Xueqing, J. (2019) BOC unit to ramp up services in Middle East, China Daily, 29 March, Available at:
http://www.chinadaily.com.cn/a/201903/29/WS5c9d85daa3104842260b34a7.html.
39 Siemens (2018) Siemens awarded high efficiency steam turbine modernization and upgrade project in China, 27
March, Available at: https://press.siemens.com/global/en/feature/siemens-awarded-high-efficiency-steam-
turbine-modernization-and-upgrade-project-china.
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for its own industries and investment. China and Arab Gulf states are likely to use their
capacities a financiers, contractors and developers to increase ties and exert regional influence at
a time the United States signals a desire to be less engaged in the Middle East.
The future of growth for the Gulf states will rely on the control of ports and transit waterways (of
the Red Sea corridor, Arabian Sea, and Indian Ocean), of export markets for energy products in
Asia, and favorable access to the largest economies in the Middle East and Africa. Trends in
urbanization and energy demand map closely to where the Arab Gulf states are now investing
their political and economic resources. Chinese investment is symbiotic to Gulf security and
economic objectives; though they are competing for many of the same projects, they are at times
cooperative rivals.
China is a source of finance, a competitor in infrastructure projects, and a constant reminder of
the power of alternative economic organization to the West. The growth in financial flows is
compelling, but it requires constant feeding from its state-backed forces. Both China and the
Gulf states use state-owned firms, including financial entities and banks, such that constant
expansion of projects and financing serves a domestic objective on balance sheets as well. Some
scholars term the expansion of Chinese state-backed lending as "debt book diplomacy" as the
expansion serves a political goal of the Belt Road Initiative, but also gives commercial purpose
to a growing financial sector. Lending, however, is not as substantial as the gain from contracting
awards and co-investments in the energy and transport sectors.
Both Saudi Arabia and the UAE are courting Chinese investment in shared energy projects,
encompassing traditional oil production to renewable capacity and energy storage. State-owned
enterprises Aramco and SABIC aim to partner with China's Sinopec and China North Industries
Corp, creating a synergy of government firms. In the UAE, these projects include a contract
worth $1.6 billion between ADNOC and the China National Petroleum Corporation (following
an earlier $1.17 billion investment in Abu Dhabi’s offshore fields).
40 In addition, there is a
partnership and investment agreement between Dubai’s Electricity and Water Authority
(DEWA) and China’s Silk Road Fund to create the world’s largest solar energy plant.41 In
November 2018, ADNOC signed a new agreement for the sale of liquified petroleum gas (LPG)
to Wanhua Chemical Group of China, owner of the world's largest underground LPG storage
facility.
42 According to research by Qamar Energy, there are at least ten current energy projects
planned or active in the GCC with Chinese investment, from traditional and solar electricity
generation, to pipeline development in the UAE, methanol production in Oman, and uranium
exploration in Saudi Arabia.43
40 Gulf News (2018) Adnoc awards $1.6b contract to China’s CNPC, 19 July, Available at:
https://gulfnews.com/business/energy/adnoc-awards-16b-contract-to-chinas-cnpc-1.2254117.
41 Halligan, N. (2018) China's Silk Road Fund to invest in Dubai solar project, Arabian Business, 22 July, Available
at: https://www.arabianbusiness.com/energy/401242-chinas-silk-road-fund-to-invest-in-dubai-solar-project.
42 Bridge, S. (2018) UAE's ADNOC signs major LNG sales deal with China's Wanhua, Arabian Business, 12
November, Available at: https://www.arabianbusiness.com/energy/407837-uaes-adnoc-signs-long-term-lng-
sales-deal-with-chinas-wanhua.
43 Mills, R., Ishfaq, S., Ibrahim, R. & Reese, A. (2017) China’s Road to the Gulf: Opportunities for the GCC in the
Belt and Road initiative, emerge85, October, Available at: https://emerge85.io/wp-
content/uploads/2017/10/Chinas-Road-to-the-Gulf.pdf.
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The recent growth in ties is based in China's demand for energy and the Gulf's ability to provide
an important and growing market. China requires energy, especially to supply its infrastructure
and construction boom as it builds new cities. Automobile sales in China quadrupled between
2008 and 2016, and transportation needs have also increased petroleum and related product
demand. As China seeks to shift its own energy mix away from polluting coal-fired power
plants, its demand for gas has multiplied. The most important factor driving global gas
consumption in 2017 was the surge in Chinese gas demand, where consumption increased by
over 15 percent, accounting for nearly a third of the global increase in gas consumption (BP,
2018). It may create some leverage for Gulf major gas producers to shift China's attention their
way in the first phase of a post-oil transition, as liquified natural gas is considered a bridge fuel
to more renewable sources.
The Gulf states are competing to secure China as an export market for their energy products
beyond just oil and gas. The proliferation of downstream energy products in petrochemicals,
including the construction of new refineries and chemical plants, is both a diversification strategy
and a new product arena (and profit maker) for Gulf state energy companies. Despite this
synergy of interests, there is already conflict in third party states, as evidenced in the dispute over
control of shares of the Doraleh Container Terminal in Djibouti between DP World, the Dubai-
based port management company, and the Djibouti Ports Authority (PDSA). Djibouti forced DP
World out of the site by nationalizing the terminal; notably, the government partner of the port
authority, the Hong Kong-listed China Merchants Port Holdings Company Ltd, a company
overseen by Beijing’s State Assets Supervision and Administration Commission, holds a 23.5
percent ownership stake in the terminal. Effectively, the government of Djibouti made a choice
of prioritizing ties to China as an investor, over its commercial ties to DP World.
Yet, there is a demographic dilemma in China, and it could acutely affect the oil exporters of the
Gulf. It poses the most serious threat to the political economy of the region, and that includes the
legitimacy of ruling families. A report from the investment bank Natixis finds that population
aging in China will be fast and furious, with a steep decline on economic growth rates, from 6
percent a year in 2010 to 2.5 percent by 2030, with real impacts on global potential growth.44 As
domestic demand falls with an ageing population that is not replenished, that commodity demand
will fall. Saudi Arabia may still pump the last barrel of oil, but it will almost certainly be the
cheapest barrel and one that fewer consumers in China will need.
But the idea of a forced choice between superpowers, in a Cold War scenario between China and
the United States, is not realistic for the Gulf states or the Middle East. There are states that are
more vulnerable in their need for access to finance, which China might serve as an alternative,
though the provision of development finance continues to diminish. And there are states that are
simply serving their export markets and seeking longer-term investment partners. And there are
states that have few other options. The problem in pitting the US versus China in each of these
situations is ignoring a larger universe of investment sources and partners, both private,
multilateral and state-supported in nature. The GCC states themselves are equally, if not more
44 Cheng, E. (2021) China’s aging population is a bigger challenge than its ‘one-child’ policy, economists say,
CNBC, 28 February, Available at: https://www.cnbc.com/2021/03/01/chinas-aging-population-is-bigger-
problem-than-one-child-policy-economists.html.
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important as China in the Middle East as sources of capital investment and job creation, not to
mention fewer formal sources of aid and bilateral government support.
When it comes to foreign direct investment, aid, capital expenditure and job creation, China is
often characterized as the investor of choice in the Middle East. It is often erroneously labeled as
the region’s most important source of FDI. Certainly, China is a major source of FDI in a few
places, especially in the GCC. When Chinese investment does arrive, it usually targets the energy
sector and large government contracts. China's investment can be volatile, with surges and
then declines. When compared with American and European private investment efforts,
China spends less and creates fewer jobs in most of the Middle East, North Africa, and West
Asia.45 Indeed, the GCC states have higher capital expenditure and create more employment
across the Middle East and North Africa than China—and that’s not counting remittance flows,
aid, financial intervention such as central-bank deposits, and in-kind oil and gas transfers. China
is active as a regional investor and contractor where private capital doesn’t want to go—places
like Iran, Syria and, to a degree, Turkey. One notable exception is the United Arab Emirates,
where Chinese investment and contracts have surged since 2016. This skews the data and inflates
China’s reputation as a regional investor and source of capital. The view that China is the largest
investor in the Arab region overlooks the fact that Beijing has invested inconsistently over time,
and picks and chooses its engagement in the broader region, from Morocco to Pakistan. The
assertion also fails to mention that the GCC is a major source of FDI in that same geography, and
in the Horn of Africa.
China and the Gulf are linked and will continue to rely on each other for trade, investment, and
partnerships in the years ahead. But their partnerships are in no ways cemented on any
ideological basis or political or security pact. And as the energy exporters of the Gulf seek to
diversify their own economies and become more engaged in the production and expertise of
renewable energy, China could become less of a customer and less of an active local investor.
US Policy Recommendations
Instead of centering concern on China-Gulf or China-Middle East relations, we might better
frame the challenge as how to engage emerging market economies in their trade, energy, and
development needs, and to bridge policy and development finance options to support those
changes. A change in tone to recognize the vitality and centrality of growth outside of advanced
economies might also be a diplomatic advantage to the United States. There is also mutual
benefit to encouraging the growth of China+1 manufacturing and industrial capability across
emerging markets in Asia, Africa, and the Middle East.
Thank you for this opportunity and I look forward to addressing your questions.

*        *       *

China’s Strategic Objectives in the Middle East
Testimony before the US-China Economic and Security Review Commission Hearing on “China and the Middle East”
April 19, 2024

Dr. Jonathan Fulton
Associate Professor, Zayed University, Abu Dhabi, United Arab Emirates
Nonresident Senior Fellow, Scowcroft Middle East Security Initiative, Atlantic Council

The Middle East – North Africa (MENA) has emerged as an important strategic region for the People’s Republic of China (PRC), with a significant expansion of its interests and presence across the region.1 However, at this stage China remains primarily an economic actor there, with growing political and diplomatic engagement and little in the way of a security role. This economics-first approach has contributed to improved public perceptions of China across MENA; public polling data from the Arab Barometer consistently shows positive views of China as an external actor, with respondents from 8 out of 9 countries perceiving China more favorably than the US.2 At the same time, its modest involvement in regional political and security affairs, evident in its minimal response to Houthi strikes on maritime shipping, underscores its reluctance to play a more meaningful role in MENA, which has no doubt been recognized by governments that expected a more robust response given Beijing’s outsized economic presence.

This highlights an important point about how MENA features in the PRC’s broader strategic objectives. It is first and foremost a region where China buys energy, sells goods, and wins construction infrastructure contracts. These economic interests have not required a corresponding political or security role, and Chinese leaders have not indicated that they will do so; they benefit significantly from the US security architecture that underpins the region’s fragile status quo. China works closely with US allies and partners in MENA, especially the Gulf Cooperation Council states and Egypt, and in many regards Beijing’s interests in the Middle East have been consistent with those of the US.

At the same time, MENA has to be considered as part of a larger global strategy under which US- China interests diverge substantially. China’s more assertive foreign policy since the global financial crisis started under the leadership of Hu Jintao and has intensified under Xi Jinping.3 The 2017 US National Security Strategy identified China as a great power competitor, and the rivalry is playing out in MENA as elsewhere. Beijing has rolled out new global initiatives – the Global Development Initiative (GDI), Global Security Initiative (GSI), and Global Civilization Initiative (GCI), discussed

1 For an overview, see Jonathan Fulton (ed.), Routledge Handbook of China – Middle East Relations (Abingdon: Routledge, 2022).
2 Michael Robbins, “Public views of the U.S.-China competition in MENA,” Arab Barometer, July2022, https://www.arabbarometer.org/wp-content/uploads/ABVII_US-China_Report- EN.pdf.

3 See Susan Shirk, Overreach: How China Derailed Its Peaceful Rise (Oxford: Oxford University Press, 2022).

below4 – to present itself as a leader of the Global South, using a state-centered alternative to Western liberalism.

In this effort, the MENA is a region where China aims to establish a normative consensus consistent with Beijing’s preferences. As a result, we see several examples of PRC leaders promoting narratives that the US is unreliable, or that its presence in the region exacerbates tensions and conflict. After a January 2022 meeting with MENA officials, for example, Chinese Foreign Minister Wang Yi said the Middle East “is suffering from long-existing unrest and conflicts due to foreign interventions...We believe the people of the Middle East are the masters of the Middle East. There is no ‘power vacuum,’ and there is no need of ‘patriarchy from outside.’”5 Whereas in the preceding two decades the PRC rarely overtly challenged the US position in MENA, it has become a regular feature as Chinese leaders exploit pressure points between the US and regional actors in order to differentiate itself from the US and to create friction between Washington and its MENA partners and allies. This has been especially present in Chinese messaging since the October 7, 2023 Hamas attack on Israel, as PRC leaders have consistently used the crisis to undermine the US and present itself as a more reliable partner to the Arab world.6

China’s diplomatic activities in the Middle East

While it has not been widely recognized, China has developed a deep, broad and systematic approach to diplomatic engagement across MENA. It uses a range of bilateral and multilateral diplomatic tools, and these have been complemented in recent years with international organizations where Beijing has significant influence. It also has appointed special envoys for region-specific issues.

At the bilateral level, China has diplomatic relations with all regional countries. Several of these are enhanced by strategic partnerships, which are mechanisms to coordinate on regional and international affairs. Five MENA countries – Algeria, Egypt, Iran, Saudi Arabia, and the UAE – have been elevated to comprehensive strategic partners, the top level in China’s hierarchy of diplomatic relations. This results in the “full pursuit of cooperation and development on regional and international affairs.”7 To be considered for this level of partnership a country has to be seen as a major regional actor that also provides added value, such as Egypt’s control of Suez, or Saudi’s leadership role in global Islam and

4 See Michael Schuman, Jonathan Fulton and Tuvia Gering, “How Beijing’s Newest Global Initiatives Seek to Remake the World Order,” Atlantic Council, June 21, 2023, https://www.atlanticcouncil.org/in-depth-research-reports/issue-brief/how-beijings-newest-global- initiatives-seek-to-remake-the-world-order/

5 “Middle East Has No ‘Power Vacuum,’ Needs No ‘Foreign Patriarch’: Wang Yi,” Global Times, January 16, 2022, https://www.globaltimes.cn/page/202201/1246036.shtml
6 See Grant Rumley and Rebecca Redlich, “Tracking Chinese Statements on the Hamas-Israel Conflict,” The Washington Institute for Near East Policy, updated February 28, 2024, https://www.washingtoninstitute.org/policy-analysis/tracking-chinese-statements-hamas-israel- conflict

7 “Quick guide to China’s diplomatic levels,” South China Morning Post, January 20, 2016, http://www.scmp.com/news/china/diplomacy-defence/article/1903455/quick-guide-chinas- diplomatic-levels

energy markets.8 Therefore, when assessing China’s diplomatic efforts in MENA, these countries (Algeria to a lesser extent) are the load-bearing pillars of Beijing’s approach. They see more official visits, attract more investment, do more contracting, and generally support a wider range of China’s interests in the region. That China has comprehensive strategic partnerships with both Saudi Arabia and Iran means there are more frequent bilateral high-level meetings, no doubt contributing to China’s role in the Saudi-Iran rapprochement.

At the multilateral level, China uses the China Arab States Cooperation Forum, which includes all Arab League members, and the Forum on China Africa Cooperation, which includes nine Arab League members.9 These forums present China with regular ministerial-level meetings where they map out cooperation priorities. They also have several sub-ministerial level issue-specific working groups. The result is a relatively deep level of diplomatic engagement.

China has appointed special envoys for the Middle East, the Horn of African Affairs, and the Syrian Issue, all of which were designed to present the PRC as an actor with influence and interest in these issues, although the impact of each has been marginal.

Finally, two international organizations where China plays an influential role, BRICS and the Shanghai Cooperation Organization Forum, have admitted Middle Eastern states as members in recent years. BRICS expanded for the first time in 2023 to include Saudi Arabia, Egypt, Iran, the UAE, and Ethiopia, giving the organization a presence in MENA and the Horn. The SCO admitted Iran as a full member in 2023, a position it has coveted since 2005. Other MENA participants in the SCO are Bahrain, Egypt, Kuwait, Qatar, Saudi Arabia, and the UAE, all of which are dialogue partners. This does not make them SCO members; it is a position for countries that wish to participate in discussions with SCO members on specific issues that they have applied to join as dialogue partners.10 It could eventually result in full membership but that does not appear to be on the horizon for any Middle Eastern dialogue partners for now.

All in all, Chinese diplomacy has been highly active and quite successful laying the groundwork for a deeper presence in the Middle East.

China’s involvement in MENA conflict mediation

China’s efforts to position itself as a conflict mediator is part of a larger strategy, embedded in the GSI, to present the PRC as a leading global actor. As a 2023 report from MERICS cautioned, “China’s current mediation push seems to be largely a reflection of its geopolitical competition with the United

8 For more on China’s partnership diplomacy, see Georg Strüver, “China’s Partnership Diplomacy: International Alignment Based on Interests of Ideology,” The Chinese Journal of International Politics 10 (1) (2017), 31-65; Jonathan Fulton, “Friends with Benefits: China’s Partnership Diplomacy in the Gulf,” Project on Middle East Political Science: Shifting Global Politics and the Middle East, 34, (2019), pp. 33- 38.

9 See Dawn Murphy, “Chinese Diplomatic Outreach to MENA: Cooperation Forums and Special Envoys,” in Jonathan Fulton (ed.) Routledge Handbook on China-Middle East Relations, pp. 384-395 (Abingdon: Routledge, 2022).
10 Eva Seiwert, The Shanghai Cooperation Organization and China’s Strategy of Shaping International Norms, PhD Dissertation, Freie Universitat Berlin, 2021, p. 239.

States and its ambition to expand its global influence at the expense of the West.”11 In MENA as elsewhere, the results have been mixed. The Saudi-Iran rapprochement is an example of a low cost ‘win’ for China. It has been well documented that much of the negotiation that led to the March 2023 announcements in Beijing had been done through Iraqi and Omani efforts.12 China’s involvement appears to be as a great power sponsor that was broached during Xi Jinping’s December 2022 summit in Riyadh and further discussed during President Ebrahim Raisi’s visit to Beijing in February 2023. Given China’s comprehensive strategic partnerships with the Saudis and Iranians, it has significant diplomatic relations with both countries and was therefore the only major power that could play such a role. However, it has to be stressed that most of the groundwork had been laid before China’s involvement, and that the rapprochement itself was the result of domestic political and economic pressures within Saudi and Iran.

Given this highly publicized diplomatic ‘win’, Chinese analysis promoted a narrative of a “wave of reconciliation” in the Middle East as a result of Beijing’s efforts. Ding Long, a Middle East expert at Shanghai International Studies University, described China’s mediation diplomacy, guided by the GSI, as driving events in the Middle East in the wake or the Saudi-Iran deal:

Within a month since then, the Saudi-Iran rapprochement is like a key that opens the door to peace in this region. The warring parties in Yemen took a critical step toward a political solution; Bahrain and other Arab countries have restored diplomatic relations with Iran; Saudi Arabia and other Arab powers are interacting more frequently with Syria. A wave of reconciliation is also encouraging more joint efforts between China and the Middle East in pursuing peace.13

Shortly after the Saudi-Iran deal, the PRC announced that it was willing to wade into the Israel- Palestine conflict during a June 2023 visit from Palestinian President Mahmoud Abbas. Immediately following this, Israeli Prime Minister Benjamin Netanyahu announced that he had accepted an invitation to Beijing for October14; for obvious reasons the visit did not happen. China’s response to the Hamas attack, discussed below, has negated any prior work towards being a mediator on the issue; its relationship with Israel has been deeply damaged at this point and it is hard to see how Beijing could play a constructive role negotiating between the two. The March 2024 meeting in Doha between Chinese ambassador Wang Kejian and Hamas official Ismail Haniyeh further cements this.15 Any role China can play would be in support of Palestine and highly partisan.

11 Helena Legarda, “The Geopolitics of China’s Mediation Push,” MERICS China Security and Risk Tracker, May 31, 2023, https://merics.org/en/tracker/merics-china-security-and-risk-tracker- 022023
12 Niloufar Baghernia, “China’s Marginal Involvement in the 2023 Iran-Saudi Arabia Reconciliation,” Asian Affairs (2024), 1-18; Saeed Azimi, “The Story Behind China’s Role in the Iran-Saudi Deal,” Stimson Center, March 13, 2023, https://www.stimson.org/2023/the-story-behind-chinas-role-in- the-iran-saudi-deal/

13 Ding Long, “Global Security Initiative Drives Forward Deeper Reconciliation in Middle East,” Global Times, April 26, 2023, https://www.globaltimes.cn/page/202304/1289834.shtml
14 “Netanyahu Says Invited to China, with US-Israel Ties Tense,” Arab News, June 27, 2023, https://www.arabnews.com/node/2329116/middle-east

15 Dewey Sim, “Chinese Envoy Meets Hamas Political Leader in Qatar to Discuss ‘Gaza Conflict and Other Issues’,” South China Morning Post, March 19, 2024,

In any case, just over a year after Beijing’s first successful foray into Middle East diplomacy, the region is less stable that it has been in recent memory, and China’s efforts at mediation have had little tangible impact. It has little influence on Iran or its nonstate partners of Hamas, the Houthis, or Hezbollah, and is not seen as credible by Israel.16 Generally, its response to events since the Hamas attack have made China look very transactional and self-interested in the region, rather than a responsible extra- regional power with substantial Middle East interests.

A point worth considering on this topic is that China is a relative newcomer to Middle East political diplomacy. As described above, it is primarily an economic actor in the region, and despite its special envoys, cooperation forums, and strategic partnerships, it does not have the depth of regional specialization that the US or European countries do, given their longstanding involvement in MENA. As China develops a deeper pool of MENA talent this will change, but it is early days. Its area studies programs in universities and think tanks are not nearly as developed as their US counterparts, making for a much shallower pool of expertise.

China’s response to the Hamas attack on Israel

The Hamas attack on Israel had significant repercussions for China’s approach to the MENA and resulted in a more blatantly realpolitik approach to the Israel-Palestine conflict. China’s ambition to play a role in resolving this conflict was based largely on the ‘peace-through-development’ framework of the GDI/GSI.17 The attack demonstrated the need for a more robust response, but in the wake of the attack the limits of Beijing’s normative approach were evident. Since then, China has not pursued a mediator role, siding firmly with Palestine while frequently condemning Israel and the US. Pointedly, it did not blame Hamas for the attack and has seemingly made the ‘one man’s terrorist is another man’s freedom fighter’ argument; during International Court of Justice hearings Ma Xinmin, a legal advisor for the Chinese Ministry of Foreign Affairs, argued that Palestinian acts of violence against Israelis are legitimate “use of force to resist foreign oppression and to complete the establishment of the Palestinian state.”18

A point worth considering is that within China, the Israel-Palestine conflict resonates differently than it does in the US and other Western liberal democracies. The demographic composition of the West with large immigrant populations means that there are significant Jewish, Muslim, Christian and Arab

https://www.scmp.com/news/china/diplomacy/article/3255898/chinese-envoy-meets-hamas- political-leader-qatar-discuss-gaza-conflict-and-other-issues
16 Parisa Hafezi and Andrew Hayley, “China Presses Iran to Rein in Houthi Attacks in Red Sea, Sources Say,” Reuters, January 26, 2024, https://www.reuters.com/world/middle-east/china- presses-iran-rein-houthi-attacks-red-sea-sources-say-2024-01-26/; Jonathan Fulton, “China Doesn’t Have as much Leverage in the Middle East as One Thinks – at Least when it Comes to Iran,” Atlantic Council, February 1, 2024, https://www.atlanticcouncil.org/blogs/menasource/china- mena-leverage-iran-houthis-yemen/

17 On ‘peace through development’, see Sun Degang and Zhang Jieying, “‘Peace Through Development’: China’s Peace Initiative for the Middle Eastern Conflict Resolution,” China Quarterly of International Strategic Studies (2021), 7(4), 383-408.
18 “China at the World Court: Palestinians Have the Right to ‘Armed Struggle’ against Israelis,” The Times of Israel, February 22, 2024, https://www.timesofisrael.com/liveblog_entry/china-at-the- world-court-palestinians-have-the-right-to-armed-struggle-against-israelis/

communities for whom the Israel – Palestine conflict is a major issue that animates voters, NGOs, and lobbyists. Democratic leaders are expected to have positions that represent their constituents, and Middle East policy has to try to thread the needle of interests and values in a manner that balances citizens’ often deeply held convictions. In China, religious minorities - especially of the Abrahamic faiths - are comparatively insignificant in the demography, and the immigrant population from the Middle East is virtually non-existent. The Party has increased repression against Muslims, Jews, and Christians during the Xi Jinping era, making overt political action from them incredibly costly.19 This, combined with the fact that China has an authoritarian government, means the issue if Israel and Palestine does not mobilize Chinese citizens like it does in the US, and the government is less concerned with being responsive to citizens’ concerns. It is, therefore, a purely geopolitical issue. The CCP can use its policy in the region to advance its own interests while challenging the US and its Western allies without the additional consideration of managing domestic pressures. Its messaging on the war in Gaza is therefore more about China presenting itself as an alternative to the US as a global leader than it is about the war itself.

China’s global initiatives and international order

At this point China’s three global initiatives (GDI, GSI, GCI) are following the same early-stage trajectory of the Belt and Road Initiative (BRI). When it was announced in 2013 there was little understanding or awareness of it outside of China, and within China ministries, agencies and municipalities spent most of 2014 and 2015 incorporating the BRI into their missions.20 The 2015 white paper on the BRI21 and the 2017 Belt and Road Forum enhanced its global profile. The GDI, GSI, and GCI have been appearing in joint communiques across MENA and are cited by local actors as useful contributions from China, but they do not appear to be widely understood yet, nor do many local governments seem to be aware of them. It is likely that the GSI first came to a wider audience when then-Foreign Minister Qin Gang described the Saudi -Iran rapprochement as “a case of best practice for promoting the Global Security Initiative.”22

However,thenormativeframeworkoftheseinitiativeshasappealforregionalgovernments. Whereas liberal norms of global governance focus on democracy, free markets, human rights, and international institutions, China’s trio of initiatives promote sovereignty, territorial integrity, self-determination, and

19 “Government Policy toward Religion in the People’s Republic of China: A Brief History,” Pew Research Center, August 30, 2023, https://www.pewresearch.org/religion/2023/08/30/government-policy-toward-religion-in-the- peoples-republic-of-china-a-brief-history/

20 Michael Swain, “Chinese Views and Commentary on the ‘One Belt, One Road’ Initiative,” China Leadership Monitor 47:2 (2015
21 National Development and Reform Commission, Ministry of Foreign Affairs, and Ministry of Commerce of the People’s Republic of China (2015) Vision and actions on jointly building Silk Road Economic Belt and 21st-Century Maritime Silk Road. March, https://www.fmprc.gov.cn/eng/topics_665678/2015zt/xjpcxbayzlt2015nnh/201503/t20150328_7 05553.html. Accessed 18 December 2023.

22 Embassy of the People’s Republic of China in the Islamic Republic of Iran, “Qin Gang Has a Group Meeting with Saudi Arabia’s Foreign Minister Faisal bin Farhan Al Saud and Iranian Foreign Minister Hossein Amir-Abdollahian,” April 6, 2023, http://ir.china- embassy.gov.cn/eng/zyxw/202304/t20230409_11056460.htm

noninterference in the domestic affairs of states. Essentially, it rejects the universalism of liberal norms and promotes a statist vision instead. For governments and societies long frustrated by the inconsistent promotion of liberal values from the west, or by those that reject liberalism altogether, China’s model is attractive.

The impact of China’s global initiative and the BRI should also be considered as a consequence of a global order transition. During the Cold War, bipolarity meant governments in need of development assistance could turn either to the West or the Soviets. The end of the Cold War meant the developing world was limited to Western institutions underpinned by liberal values that imposed conditions, often inconsistent with local norms. The emergence of China and its global initiatives provides alternatives, and that Beijing presents these initiatives in contrast to liberal institutions is appealing to many governments in the Middle East.

The issue of Xinjiang

The CCP identified its ‘core interests’ in a 2011 white paper, “China’s Peaceful Development”. These core interests are state sovereignty, national security, territorial integrity, national reunification, maintenance of its political system and social stability, and maintaining safeguards for sustainable economic and social development. Importantly, all of these are domestic concerns. In practical terms, anything another country does to undermine these – especially including support for independence movements in Xinjiang, Tibet, Hong Kong and Taiwan – will damage the relationship. The CCP faces numerous challenges from issues of domestic governance, and pressure from within is the most significant threat to its continued rule. When foreign governments apply pressure on Beijing on domestic issues there is pushback, typically in the form of coercive economic statecraft.23

All of this is to say that Middle Eastern governments have shown no inclination to speak or act on the issue of repression of Uyghurs or other Muslim minorities in China. No regional government wants to jeopardize a bilateral relationship with one of its most important trading partners on an issue that few feel is relevant to their own core interests of building sustainable economies and improving governance in the face of significant domestic pressures. Engagement with China is largely seen as an opportunity for regional governments to address these challenges, and China’s own experience of development since the Reform Era began in 1978 is perceived as a model for this.

Another consideration here is that Beijing frames its repression of Uyghurs as a response to a conservative religious ideology that promotes separatism and has used terrorism in an attempt to establish an independent state. In doing so, it addresses a concern for many Middle Eastern governments, most of which are deeply concerned about the spread of political Islam in their own countries. As such, the issue is less about any notion of pan-Islamic solidarity than it is about challenges to the state from an ideology seen with deep hostility from regional governments.

Policy Recommendations

Provide explicit support for MENA countries in their development programs.

23 Evan A. Feigenbaum, “Is Coercion the New Normal in China’s Economic Statecraft?” Macro Polo, July 25, 2017, https://macropolo.org/coercion-new-normal-chinas-economic-statecraft/

  • Encourage more investment into MENA from private US companies.

  • Improved messaging on what the US does in the region beyond the realm of security.

  • Improved messaging on how MENA features in US interests and policy.

  • Enhance public diplomacy – bring more MENA students to US on training and education

    programs.

  • Draw upon the narratives of other extra-regional allies and partners that have interests in

    MENA and have also had challenges in dealing with China. They can help with the messaging – what have their experiences with China been? What issues should MENA countries be considering?

  • Where possible, align approaches to MENA with US allies to provide a greater range of investment, development, and trade options.

*       *       *

China’s Military Objectives and Operational Experience in the Middle East
Grant Rumley
Meisel-Goldberger Fellow, Diane and Guilford Glazer Foundation Program on Great Power
Competition and the Middle East
The Washington Institute for Near East Policy
Testimony submitted to the U.S.-China Economic and Security Review Commission
April 19, 2024
Rumley USCC Testimony 2
Distinguished commissioners and staff, thank you for the invitation to present my testimony on
this important topic. It is an honor to testify alongside the experts on these panels today. My
name is Grant Rumley and I am the Meisel-Goldberger Fellow at the Washington Institute for
Near East Policy, where I focus on military and security issues in our Diane and Guilford Glazer
Family Program on Great Power Competition and the Middle East.
Today my testimony will focus on China’s military and security presence in the region. I have
structured this testimony to answer the commissioners’ questions directly.
What are China’s military interests and/or objectives in the Middle East? How important are
these compared to its interests in other regions of the world? Please be sure to address the
importance of securing sea lines of communication (SLOCs) in your answer.
Broadly speaking, China has five core interests in the Middle East. The first is in securing its
access to the region’s energy resources. China is careful to not over-rely on any single source or
form of energy to meet its domestic needs, but the Middle East is nevertheless a key source for
its energy supply. In 2022, China produced 5.1 million barrels of petroleum and other liquid
products per day while importing 10.2 million barrels per day.1 Middle Eastern countries
represented a significant portion of these imports, making up 56% of China’s crude oil and
condensate imports, 29% of its petroleum product imports, and 15% of its natural gas imports.
2
The second interest is in advancing China’s non-energy trade and investment. China is the top
trading partner for nearly every country in the Middle East, and since 2005 has poured over $250
billion in investment and construction projects into the region.3 The Middle East has also been a
leading recipient of investment under China’s Belt and Road Initiative (BRI): in 2023 the region
was second only to Africa globally.
4 And, of course, the region is a transit point for a majority of
China’s exports to Africa and Europe.
5 Considering these economic ties to the region, China’s
third interest is in securing the sea lanes of communication and free flow of commerce in and out
of the region. While it has not joined U.S.
-led military efforts to counter efforts by Yemen’s
Houthi rebels to close the Red Sea to maritime traffic, Beijing has reportedly engaged in
diplomatic efforts to protect its own shipping in those waterways.
1 “China Country Analysis Brief,” U.S. Energy Information Agency, November 2023.
https://www.eia.gov/international/analysis/country/CHN
2 Ibid.
3 “China Global Investment Tracker,” American Enterprise Institute (AEI), accessed March 2024.
https://www.aei.org/china-global-investment-tracker/
4 Wang, Christoph Nedopil, “China Belt and Road Initiative (BRI) Investment Report 2023,” Green Finance &
Development Center, February 5, 2024. https://greenfdc.org/china-belt-and-road-initiative-bri-investment-report-
2023/
5 “Chinese Money is Behind Some of the Arab World’s Biggest Projects,” The Economist, April 20, 2019.
https://www.economist.com/middle-east-and-africa/2019/04/20/chinese-money-is-behind-some-of-the-arab-worlds-
biggest-projects
Rumley USCC Testimony 3
Beyond the economic, China’s fourth interest in the region lies in what the West would consider
counterterrorism, but for Beijing equates to both protecting its assets in the region from threats
from violent non-state actors as well as ensuring that groups in the region do not threaten China’s
internal domestic stability. China has looked to the region for approval of – and even at times
cooperation in – its persecution of the Uyghur Muslims. Finally, China’s fifth interest in the
region is in utilizing it as a platform to advance its image as a global power. China has long-
viewed the region as an important proving ground for global powers, and has trumpeted its
diplomatic achievements – such as the Saudi Arabia-Iran agreement – as an example of China’s
global standing.
Like many great powers preceding it, China has gradually developed a military and security
presence to protect its interests abroad. In recent years, Chinese leaders have directed the
People’s Liberation Army (PLA) to increase its forward presence in order to project power,
protect commercial interests, and improve the image of the state. Chinese President Hu Jintao
first directed the PLA to begin focusing on “new historic missions” in 2004, urging the military
to begin preparing to protect Chinese interests beyond its borders.6 The 2010 Defense White
Paper directed the PLA to safeguard China’s “maritime rights and interests.” 7 Likewise, the
2015 paper on China’s Military Strategy called for the development of a modern maritime force
that could “protect the security of strategic SLOCs and overseas interests.”8 China’s 2019
Defense White Paper took this concept a step further, declaring that “to address deficiencies in
overseas operations and support” the PLA “builds far seas forces, develops overseas logistical
facilities, and enhances capabilities in accomplishing diversified military tasks.”9
Given the importance of the Middle East to China’s economy, it is perhaps only natural that
Beijing would increasingly deploy its security apparatus to the region to protect these interests.
Today, China’s military and security presence in the region is comprised of three main efforts:
Traditional military presence and security cooperation. China has rarely deployed its
troops beyond the Indo-Pacific in recent years, but when it has deployed them it has been
to the Middle East. In response to the wave of piracy in the Red Sea and Gulf of Aden in
2007-2008, China began deploying its Naval Escort Task Force (NETF) in December
2008. As described by Chinese military officials in 2010, the mission was “mainly
6 Hartnett, Daniel M., “The ‘New Historic Missions’: Reflections on Hu Jintao’s Military Legacy,” in “Assessing
the People’s Liberation Army in the Hu Jintao Era,” ed. Roy Kamphausen et al., U.S. Army War College Press,
2014.
7 “China’s National Defense in 2010,” Information Office of the State Council, The People’s Republic of China,
March 2011. https://english.www.gov.cn/archive/white_paper/2014/09/09/content_281474986284525.htm
8 “China’s Military Strategy,” Information Office of the State Council, The People’s Republic of China, May 2015.
https://english.www.gov.cn/archive/white_paper/2015/05/27/content_281475115610833.htm
9 “China’s National Defense in the New Era,” Information Office of the State Council, The People’s Republic of
China, July 24, 2019.
https://english.www.gov.cn/archive/whitepaper/201907/24/content_WS5d3941ddc6d08408f502283d.html
Rumley USCC Testimony 4
charged with safeguarding the security of Chinese ships and personnel passing through
the Gulf of Aden and Somali waters.”10 This deployment is ongoing, and today represents
China’s longest continuous deployment beyond its borders.11 Since its inception it has
kept largely the same configuration of two surface combatants and a refueling ship,
though at times has augmented this presence with unconventional forces (in 2014, for
instance, the NETF was accompanied by a Song-class diesel-electric submarine).
12
Sustaining the NETF operationally led China to pursue an agreement with Djibouti for
the establishment of its first overseas base in 2017. This base, just miles away from the
U.S. base at Camp Lemonnier, became the primary support node for supporting the
NETF as well as other Chinese military operations in the region, whether that is joint
training exercises with regional partners, the 2014 escort of a ship carrying Syrian
chemical weapons, or the 2015 evacuation of Chinese civilians from Yemen.
13 Upon its
establishment, the DoD noted the facility included “barracks, an underground facility, a
tarmac and eight hangars for helicopter and UAV operations,” but that it notably lacked
“a dedicated naval berthing space, requiring PLA ships to dock at the commercial port [in
Doraleh].”14 Since its founding, the base’s capabilities have been gradually expanded.
The base originally included a contingent of PLAN Marine Corps (PLANMC). In 2020,
the U.S. noted a PLANMC special operations forces (SOF) unit had joined the base.15
The base’s pier has likewise been expanded and in 2022 supported its first resupply of a
PLAN supply ship.16 According to the U.S., the pier is now likely “able to accommodate
the PLA Navy’s aircraft carriers, other large combatants, and submarines.”17
The base and NETF represent the core of China’s traditional military footprint in the
region. It should be noted this is still modest in comparison to the U.S. footprint in the
region. China’s presence centers around several narrow objectives: protect Chinese
10 “China’s National Defense in 2010.”
11 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2021,” U.S. Department of Defense, 2021. https://media.defense.gov/2021/Nov/03/2002885874/-1/-1/0/2021-
CMPR-FINAL.PDF
12 Herzinger, Blake and Ben Lefkowitz, “China’s Growing Naval Influence in the Middle East,” The Washington
Institute for Near East Policy, February 17, 2023. https://www.washingtoninstitute.org/policy-analysis/chinas-
growing-naval-influence-middle-east
13 Shah, Khushbu and Jason Hanna, “Chinese Ship Arrives to Help in Removal of Syrian Chemical Weapons
Materials,” CNN, January 8, 2014. https://www.cnn.com/2014/01/08/world/asia/china-syria-chemical/index.html;
Rajagopalan, Megha and Ben Blanchard, “China Evacuates Foreign Nationals from Yemen in Unprecedented
Move,” Reuters, April 3, 2015. https://www.reuters.com/article/idUSKBN0MU09M/
14 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2018,” U.S. Department of Defense, 2018. https://media.defense.gov/2018/Aug/16/2001955282/-1/-1/1/2018-
CHINA-MILITARY-POWER-REPORT.PDF
15 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2023,” U.S. Department of Defense, 2023. https://media.defense.gov/2023/Oct/19/2003323409/-1/-1/1/2023-
MILITARY-AND-SECURITY-DEVELOPMENTS-INVOLVING-THE-PEOPLES-REPUBLIC-OF-CHINA.PDF
16 Ibid.
17 Ibid.
Rumley USCC Testimony 5
shipping interests, project Chinese military might (typically via port calls and joint
exercises), and be prepared to support Chinese commercial entities in any crisis scenario.
Chinese officials likely see this current footprint as sufficient to meet these objectives.
Investments in critical infrastructure. One way China’s security presence manifests itself
is in investments in large, critical infrastructure projects. These can typically include but
are not limited to ports, industrial parks, and airports. This is a uniquely Chinese security
footprint, as these investments reflect a blending of civilian enterprises with government
access and control. Chinese regulations require Chinese companies abroad to be prepared
to service the Chinese military. For instance, the 2010 National Defense Mobilization
Law gives broad powers to the military over commercial assets, mandating that “all
citizens and organizations are obligated to accept the requisition of civilian resources.”18
The 2016 National Defense Transportation Law further improved the PLA’s legal ability
to commandeer civilian entities in times of crisis – in the words of one analyst the law
“placed obligations on Chinese transportation enterprises located abroad or engaged in
international shipping” and “required them to provide logistical support for PLA forces
operating overseas.”19
One former Biden administration official has noted that China’s investment in ports “are
made cautiously and with an eye toward their future potential for military access.”20
According to some analysts, Chinese firms now own or operate over a hundred ports
around the world, and the PLAN has made port calls at over a third of these ports.21 Of
course, the type of servicing to the PLA a Chinese owned or operated foreign port could
provide is theoretically limited by host nation considerations and the capabilities of the
port in question. Still, that these regulations provide the legal framework for Chinese
commercial entities to support Chinese military operations presents a different dilemma
for measuring China’s overseas power projection.
In the Middle East, this phenomenon is most often observed in Chinese investments in
ports and industrial zones. Chinese firms have signed operating agreements at ports in
18 Mulvenon, James, “2010 National People’s Congress Highlights: Defense Budgets and the New National Defense
Mobilization Law,” The Hoover Institution, 2010.
https://www.hoover.org/sites/default/files/uploads/documents/CLM32JM.pdf
19 Kennedy, Conor M., “China Maritime Report No. 4: Civil Transport in PLA Power Projection,” U.S. Naval War
College, 2019. https://apps.dtic.mil/sti/trecms/pdf/AD1148864.pdf
20 Doshi, Rush, “The Long Game: China’s Grand Strategy to Displace American Order,” Oxford University Press,
2021. 207.
21 Kardon, Isaac B., “Statement for the Record Before the U.S.-China Economic and Security Review Commission
Hearing: ‘China’s Military Diplomacy and Overseas Security Activities’,” U.S.-China Economic and Security
Review Commission, January 26, 2023. https://www.uscc.gov/sites/default/files/2023-
01/Isaac_Kardon_Statement_for_the_Record.pdf
Rumley USCC Testimony 6
Israel, Egypt, the UAE, Turkey, Saudi Arabia, Iraq, Kuwait, Morocco, and Algeria.22
China has invested in industrial parks in Egypt, Oman, Saudi Arabia, and the UAE.23
China frames these investments as taking place on the “Maritime Silk Road” between
Beijing and Europe, further solidifying connectivity and control for Chinese commerce.
At the opening of the 2018 China-Arab States Cooperation Forum (CASCF) summit in
Beijing, China’s foreign minister Wang Yi described a vision of a network of “industrial
park-port interconnection” across the region.24
Arms transfers. Like many countries, China has utilized arms sales and transfers to
advance its defense industrial base, gain leverage in relationships, and boost its military’s
image. For decades, China was a minor player in the global arms market given its
reliance on arms imports. Yet China’s decades-long defense modernization effort has
gradually reached a point where its indigenously produced platforms are becoming
competitive on the global market. In 2019, the U.S. noted China was the world’s fastest-
growing global arms exporter.25 Today China markets and sells a wide variety of
platforms, including fighter jets, advanced missiles, and naval vessels. According to the
Stockholm International Peace Research Institute (SIPRI), China was the fourth largest
global arms exporter from 2019-2023, behind the U.S., France, and Russia.26
Like many arms exporters, China has found the Middle East to be an appealing market
for arms sales. Historically, the Middle East provided a boost to Chinese defense
industry: in the 1980s, sales of fighter jets to Iraq and Iran rocketed Beijing to briefly
becoming the fourth largest global arms exporter at the end of the Cold War.27 Though
that was short-lived, in recent years China has made slow but steady progress breaking
back into the market through a shrewd marketing strategy. The appeal for Beijing is two-
fold: the region is consistently home to some of the top arms importers in the world,
22 Sly, Liz, “China Has Acquired a Global Network of Strategically Vital Ports,” The Washington Post, November 6,
2023. https://www.washingtonpost.com/world/interactive/2023/china-ports-trade-military-navy/
23 Fulton, Jonathan, “China’s Gulf Investments Reveal Regional Strategy,” The Arab Gulf States Institute in
Washington, July 29, 2019. https://agsiw.org/chinas-gulf-investments-reveal-regional-strategy/
24 “Wang Yi: China and Arab States Should Jointly Forge the Cooperation Layout Featuring ‘Industrial Park-Port
Interconnection, Two-Wheel and Two-Wing Approach’,” Ministry of Foreign Affairs of the People’s Republic of
China, July 10, 2018.
https://www.fmprc.gov.cn/mfa_eng/gjhdq_665435/2675_665437/2903_663806/2905_663810/201807/t20180712_5
36469.html
25 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2019,” U.S. Department of Defense, 2019. https://media.defense.gov/2019/May/02/2002127082/-1/-
1/1/2019_CHINA_MILITARY_POWER_REPORT.pdf
26 Wezeman, Pieter D., Katarina Djokic, Mathew George, Zain Hussain, Siemon T. Wezeman, “Trends in
International Arms Transfers, 2023,” Stockholm International Peace Research Institute, March 2024.
https://www.sipri.org/publications/2024/sipri-fact-sheets/trends-international-arms-transfers-2023
27 Rumley, Grant, “China’s Security Presence in the Middle East: Redlines and Guidelines for the United States,”
The Washington Institute for Near East Policy, October 2022. https://www.washingtoninstitute.org/policy-
analysis/chinas-security-presence-middle-east-redlines-and-guidelines-united-states
Rumley USCC Testimony 7
many of whom have security partnerships with the U.S. that China can attempt to
undermine. China has wisely offered platforms the U.S. has not generally offered, such as
armed UAVs, on terms and conditions the U.S. typically does not match. As the U.S. has
noted, “many Chinese systems are offered with enticements such as gifts, donations, and
flexible payment options.”28
Today, China has made inroads selling to several countries in the region. The top
purchasers of Chinese weaponry between 2011 and 2021 were Saudi Arabia, Sudan, the
UAE, Qatar, and Iran, according to SIPRI.29 Chinese platforms are generally of a lesser
quality, but that has not stopped customers from purchasing. The CH-4 UAVs purchased
by Iraq were largely sidelined due to crashing or maintenance issues during the country’s
fight against the Islamic State, while similar Chinese UAVs kept crashing for Algeria and
the UAVs purchased by Jordan were eventually resold.30 Yet Chinese UAVs continue to
be sold across the region, including to Egypt, the UAE, and Saudi Arabia, the latter of
which is due to take possession of the Wing Loong-10 UAVs this year.31 At the World
Defense Expo hosted by Saudi Arabia in February, China sent over 70 defense companies
(second only to Saudi firms) to market their platforms and flew an exhibition of the J-10
fighter jets, the first time they’ve demonstrated the J-10s at an expo abroad.32 Regional
customers understand the trade-offs with Chinese platforms, but still consider them for a
number of reasons, including gaining access to Chinese technology, securing a typically
lower price point, fostering a security relationship with China, expressing dissatisfaction
with its other arms suppliers, and/or operating weaponry without end-use restrictions.
What range of military activities does the People’s Liberation Army (PLA) undertake in the
Middle East? Please include the following in your answer:
a. PLA Navy’s “counter-piracy” task force in the Gulf of Aden;
As discussed above, the NETF stemmed from a realization in Beijing that China’s overseas
economic interests were subject to the volatility of the region. The spate of piracy in the Red Sea
in the late 2000s also affected China: several Chinese merchant vessels were either hijacked or
28 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2019.”
29 Rumley, “China’s Security Presence in the Middle East.”
30 Rumley, “China’s Security Presence in the Middle East.”
31 Parakala, Askshara, “WDS 2024: AVIC WL-10B to be Delivered to Royal Saudi Air Force,” Janes, February 9,
2024. https://www.janes.com/defence-news/news-detail/wds-2024-avic-wl-10b-to-be-delivered-to-royal-saudi-air-
force
32 Meyer, Henry and Christine Burke, “China Grabs Spotlight with Major Presence at Saudi Weapons Show,”
Bloomberg, February 7, 2024. https://www.bloomberg.com/news/articles/2024-02-07/china-grabs-spotlight-with-
major-presence-at-saudi-weapons-show?embedded-checkout=true
Rumley USCC Testimony 8
attacked by Somali pirates in the Red Sea and Indian Ocean.33 When the Libyan civil war
erupted in 2011 China was forced to conduct a massive evacuation of over 30,000 of its citizens
in the country and in the immediate aftermath Chinese officials were primarily focused on
tallying up all the millions lost in investment in the country.34 Establishing and deploying a
presence to mitigate these security concerns became a crucial imperative for Beijing. As Xi
Jinping said at the start of his third term as president: “security is the bedrock of development,
while stability is a prerequisite for prosperity.”35
In 2022, Chinese state media claimed that since the NETF began, the PLAN has deployed more
than a hundred ships and 30,000 service members in escorting over 7,000 commercial ships.36 As
piracy attacks gradually decreased in the years following its initial 2008 deployment, so too did
the NETF’s escort missions. As of 2020, the NETF had escorted just forty-nine ships according
to the U.S.37 Yet from the success of the NETF came the establishment of the PLA logistics base
in Djibouti, and from there the PLAN has supported other traditional military options in the
region, including the 2013 escort of a ship removing chemical weapons from Syria, the 2015
evacuation of Chinese nationals from Yemen’s Port of Aden, and the 2023 evacuation of
Chinese nationals from Sudan to Saudi Arabia.
38 The PLAN’s 46th iteration of the NETF
departed China in February 2024 for the region and follows a routine formula: two surface
combatants and a supply ship depart China while the previous NETF finishes its deployment to
the region, thus providing a near continuous presence in the region.39
b. Chinese participation in peacekeeping operations; and
33 “China to Send Warships to Gulf of Aden,” France 24, December 21, 2008.
https://www.france24.com/en/20081221-china-send-warships-gulf-aden-; Rice, Xan, “Somali Pirates Capture
Chinese Ship and 25 Crew in Indian Ocean,” The Guardian, Oct 19, 2009.
https://www.theguardian.com/world/2009/oct/19/somali-pirates-hickjack-chinese-ship
34 Collins, Gabe and Andrew S. Erickson, “Implications of China’s Military Evacuation of Citizens from Libya,”
The Jamestown Foundation, March 11, 2011. https://jamestown.org/program/implications-of-chinas-military-
evacuation-of-citizens-from-libya/; Jingjing, Huang, “China Counting Financial Losses in Libya,” The Global
Times, March 4, 2011. https://www.globaltimes.cn/content/629817.shtml
35 Law, Elizabeth, “Security is the Foundation for China’s Development: President Xi,” The Straits Times, March
13, 2023. https://www.straitstimes.com/asia/east-asia/security-is-the-foundation-for-china-s-development-president-
xi
36 “Chinese Naval Escort Task Forces Conduct Mission Handover at Gulf of Aden,” PLA Daily, June 13, 2022.
http://english.pladaily.com.cn/view/2022-06/13/content_10162772.htm
37 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2020,” U.S. Department of Defense, 2020. https://media.defense.gov/2020/Sep/01/2002488689/-1/-1/1/2020-DOD-
CHINA-MILITARY-POWER-REPORT-FINAL.PDF
38 Shah and Hanna, “Chinese Ship Arrives to Help in Removal of Syrian Chemical Weapons Materials.”; “Yemen
Crisis: China Evacuates Citizens and Foreigners from Aden,” BBC, April 3, 2015.
https://www.bbc.com/news/world-middle-east-32173811; Xuanzun, Liu and Guo Yuandan, “PLA Navy’s Routine
Escort Operations Not Related to Regional Situation: Spokesperson,” The Global Times, February 29, 2024.
https://www.globaltimes.cn/page/202402/1307939.shtml
39 Xuanzun and Yuandan, “PLA Navy’s Routine Escort Operations Not Related to Regional Situation:
Spokesperson.”
Rumley USCC Testimony 9
China views peacekeeping operations as a useful way to improve its image, gain military
experience, and in some cases, protect its overseas economic interests. China has participated in
UN PKOs since 1990, and Chinese officials claim they have sent over 50,000 peacekeepers to 20
countries (notably suffering losses of 25 Chinese peacekeepers) in the years since.
40 China also
offers training to foreign peacekeepers at its academies.41 In 2015, Xi Jinping offered 8,000
Chinese soldiers as potential available peacekeepers in his General Assembly address, yet as of
November 2023 China had only 2,267 peacekeepers deployed on service with the UN.
42 The
majority of China’s peacekeepers are deployed to Africa, specifically in countries with sizable
Chinese investments.43 In the Middle East, 409 Chinese peacekeepers are currently deployed to
south Lebanon in support of the UN Interim Force in Lebanon (UNIFIL), while 5 peacekeepers
are deployed to Jerusalem as part of the UN Truce Supervision Organization (UNTSO).44
c. Naval and other military exercises with regional partners
Naval diplomacy is a relatively new phenomenon for China. The PLAN only first demonstrated
its capability as a blue water navy in a 2002 circumnavigation of the globe, and in 2004 was still
unable or unwilling to provide maritime support to Indonesia following the tsunami.45 The
PLAN made only eleven foreign port calls from 2003 to the establishment of the NETF in 2008.
In 2015 alone, the PLAN conducted forty port calls.46 The establishment of the NETF and its
base in Djibouti has likewise expanded China’s operating environment and provided a
foundation for further military operations in the region, including naval exercises. The PLAN has
conducted joint naval exercises in the region with Iran, Saudi Arabia, Egypt, Russia, and
Pakistan.47 Some of these exercises are more symbolic than practical, such as the recent joint
exercise with Iran and Russia that featured tactical maneuvering drills and a hostage rescue
40 “Foreign Ministry Spokesperson Mao Ning’s Regular Press Conference on May 30, 2023,” Embassy of the
People’s Republic of China in the United States of America, May 30, 2023. http://us.china-
embassy.gov.cn/eng/fyrth/202305/t20230530_11086032.htm
41 Zhou, Bo, “How China can Improve UN Peacekeeping,” Foreign Affairs, November 15, 2017.
https://www.foreignaffairs.com/articles/china/2017-11-15/how-china-can-improve-un-
peacekeeping?check_logged_in=1
42 Note: Chinese officials claim they’ve made good on Xi’s pledge by establishing a stand-by force of 8,000 PLA
troops ready to contribute to PKOs. “China’s Xi Says to Commit 8,000 Troops for UN Peacekeeping Force,” CNBC,
September 28, 2015. https://www.cnbc.com/2015/09/28/chinas-xi-says-to-commit-8000-troops-for-un-
peacekeeping-force.html; “Troop and Police Contributors,” United Nations Peacekeeping, November 30, 2023.
https://peacekeeping.un.org/en/troop-and-police-contributors
43 Dyrenforth, Thomas, “Beijing’s Blue Helmets: What to Make of China’s Role in UN Peacekeeping in Africa,”
Modern War Institute at West Point, August 19, 2021. https://mwi.westpoint.edu/beijings-blue-helmets-what-to-
make-of-chinas-role-in-un-peacekeeping-in-africa/
44 “Troop and Police Contributors,” United Nations Peacekeeping.
45 Erickson, Andrew S. and Justin D. Mikolay, “Welcome China to the Fight Against Pirates,” USNI Proceedings,
March 2009. https://www.usni.org/magazines/proceedings/2009/march/welcome-china-fight-against-pirates
46 McCaslin, Ian Burns, Andrew S. Erickson, “The Impact of Xi-Era Reforms on the Chinese Navy,” Chairman Xi
Remakes the PLA, National Defense University Press, 2019.
https://ndupress.ndu.edu/Portals/68/Documents/Books/Chairman-Xi/Chairman-Xi.pdf
47 Rumley, “China’s Security Presence in the Middle East.”
Rumley USCC Testimony 10
scenario.
48 Others, like the 2019 three-week joint counter-piracy exercise with Saudi Arabia, are
more sophisticated and have led to reciprocal exercises in China.49 Some have expanded beyond
the maritime domain, such as the first-ever joint China-UAE air exercise in Xinjiang in August
2023.
50 All are designed to showcase the capabilities of the Chinese military, build up PLA
experience, and improve China’s image as a security partner.
Why and where might China seek to establish military bases or logistics facilities in the Middle
East? Is there a high likelihood that China will seek to establish one in the region in the future?
It is clear that China is looking to protect its overseas assets, occasionally with a conventional
military force. Sometimes this protection can take the form of an economic investment in a third-
party country’s infrastructure, however. At times the line between these two methods of overseas
protection is blurred due to the nature of China’s civil-military fusion. The revelation in 2021
that the U.S. had discovered a secret Chinese facility under construction at the al Khalifa port in
Abu Dhabi, just miles from U.S. forces at al Dhafra Air Base, demonstrates the dilemma of
China’s dual-purpose overseas infrastructure.
51
In 2020, the DoD annual report to Congress was the first to confirm publicly that China was
seeking another overseas base, noting Beijing was “seeking to establish a more robust overseas
logistics and basing infrastructure to allow the PLA to project and sustain military power at
greater distances.”52 It also listed several locations China had “likely considered” for future
overseas military facilities – the only Middle Eastern country listed was the United Arab
Emirates (UAE).53 In October 2023, however, Bloomberg noted Chinese officials had reached
out to Oman about potentially establishing a Chinese military facility, and that Omani officials
had been “amenable” to China’s overtures.54
48 Mahadzir, Dzirhan, “Russia, China and Iran Finish Drills in Gulf of Oman,” USNI News, March 14, 2024.
https://news.usni.org/2024/03/14/russia-china-and-iran-finish-drills-in-gulf-of-oman
49 “China, Saudi Arabia Launch Joint Naval Exercise – Media,” Reuters, November 19, 2019.
https://www.reuters.com/article/china-saudi-military-idUSL3N28010M/; “Saudi, Chinese Navies Launch Military
Drill in Zhanjiang,” Arab News, October 10, 2023. https://www.arabnews.com/node/2388781/saudi-arabia
50 Lau, Jack, “China, UAE Set for Joint Air Force Training in Military First, as Beijing Forges Closer Middle East
Ties,” South China Morning Post, July 31, 2023. https://www.scmp.com/news/china/military/article/3229485/china-
uae-set-joint-air-force-training-military-first-beijing-forges-closer-middle-east-ties
51 Lubold, Gordon and Warren P. Strobel, “Secret Chinese Port Project in Persian Gulf Rattles U.S. Relations with
UAE,” The Wall Street Journal, November 19, 2021. https://www.wsj.com/articles/us-china-uae-military-
11637274224
52 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2020.”
53 Ibid.
54 Jamrisko, Michelle and Jennifer Jacobs, “Biden Briefed on Chinese Effort to Put Military Base in Oman,”
Bloomberg, November 7, 2023. https://www.bloomberg.com/news/articles/2023-11-07/biden-briefed-on-chinese-
effort-to-put-military-base-in-oman?embedded-checkout=true
Rumley USCC Testimony 11
More broadly, it is likely China will try to solidify another node in the region for protecting its
interests given the region’s importance to China’s economy and Xi’s prioritization of protecting
overseas interests. In 2013, the PLA’s Science of Military Strategy paper called for building
“strategic strongpoints that rely on mainland, radiate out into the periphery, and go into the two
oceans [i.e. Pacific and Indian Oceans], providing support for military operations or serving as a
forward base for the deployment of military forces overseas, as well as exerting political and
military influence in relevant regions.”55 Whether that takes the form of a declared military base,
ala Djibouti, or a dual-use facility will depend on China’s aims and the third-party country’s
receptivity.
Assess Chinese naval operations in the Middle East amid the ongoing war between Hamas and
Israel:
a. Is the PLA providing protection to Chinese commercial ships that are vulnerable
to attacks from the Houthi rebels?
The primary mission of the PLAN ships in the region is to protect Chinese commercial shipping.
PLAN ships started escorting select Chinese commercial vessels in January, according to one
Chinese maritime tracker, and as of March had escorted at least five commercial vessels.56 As
the Pentagon spokesperson noted in November 2023, PLAN ships had not responded to nearby
distress calls from non-Chinese ships.57 Beijing has navigated the turbulence caused by the
Houthis’ attacks using non-military means as well. China has repeatedly sent messages to Iran
for the Houthis to restrain from threatening its commercial vessels. Chinese commercial ships
have been broadcasting their nationality and announcing their presence as they enter the vicinity
of potential Houthi attacks.58 China also notably refused to join the U.S. and UK condemnation
of the Houthi attacks at the UN in January, and one report in March noted China and Russia had
reached an understanding with the Yemeni group to avoid being targeted in exchange for
potential political support.59 The cumulative effect has been the relative safety of Chinese
commercial shipping. Indeed, apart from the seemingly errant targeting of a Chinese vessel in
55 Doshi, “The Long Game.” Page 206.
56 Babb, Carla, “Where is China in the Red Sea Crisis?,” Voice of America News, March 1, 2024.
https://www.voanews.com/a/where-is-china-in-the-red-sea-crisis-/7510435.html
57 “Pentagon Press Secretary Brig. Gen. Pat Ryder Holds an Off-Camera, On-the-Record Press Briefing,” U.S.
Department of Defense, November 27, 2023.
https://www.defense.gov/News/Transcripts/Transcript/Article/3598749/pentagon-press-secretary-brig-gen-pat-
ryder-holds-an-off-camera-on-the-record-p/
58 Longley, Alex, “Ships Advertise Chinese Links to Avoid Houthi Attack in Red Sea,” Bloomberg, January 11,
2024. https://www.bloomberg.com/news/articles/2024-01-11/ships-advertise-chinese-links-to-avoid-houthi-attack-
in-red-sea?embedded-checkout=true
59 Dagher, Sam and Mohammed Hatem, “Yemen’s Houthis Tell China, Russia Their Ships Won’t be Targeted,”
Bloomberg News, March 21, 2024. https://www.bloomberg.com/news/articles/2024-03-21/china-russia-reach-
agreement-with-yemen-s-houthis-on-red-sea-ships?embedded-checkout=true
Rumley USCC Testimony 12
March, Chinese commercial vessels have not been purposely targeted by the Houthis since
November 2023.60
b. Is the PLA adjusting its own operations in the area in response to the conflict?
Chinese leaders likely assess that the current PLA posture in the region – to include the NETF –
is sufficient to match the current risks to Chinese interests. Chinese media reported that PLA
officials pledged to continue “standard operations” during the current Red Sea crisis.61 Beijing
may consider augmenting its presence in the region, of course, if Chinese commercial entities
were directly attacked or had become collateral damage in a regional escalation. China could
also decide to change the operating principles of its military presence if the UN Security Council
issued a resolution calling for a halt in the Houthi attacks. In such a scenario, it is likely China
would want to be seen as contributing to a UNSC effort, whether or not that contribution was
meaningful militarily. Barring these scenarios, it is likely China will seek to maintain the status
quo.
c. Is the PLA providing any military assistance to either side?
There is little public evidence that China is providing overt military assistance to Israel or
Hamas. Arms trade between Israel and China is minimal. Chinese small arms have shown up in
Hamas weapons caches and Chinese components have, of course, turned up in weapons systems
throughout the region but these are more likely a result of illicit small arms trade and sanctions
evasion techniques by non-state actors than a concerted effort by Beijing to sell conventional
military weaponry.62
Is the PLA “learning any lessons” from the ongoing conflict between Hamas and Israel?
One of the lessons Chinese military planners could take from Hamas’ October 7 attack on Israel
is how complacency and a distracted leadership can increase a country’s susceptibility to attack.
Israel had a de facto arrangement in place with Hamas, whereby it facilitated economic
incentives to the Gaza-based leadership in exchange for calm. That Hamas violated this
arrangement at a time of seeming mutual benefit, and that it conducted its attack as effectively as
it did, may cause China to consider the implications for its own geopolitical contests. Another
60 Raydan, Noam, Farzin Nadimi, “Tracking Maritime Attacks in the Middle East Since 2019,” The Washington
Institute for Near East Policy, February 12, 2024. https://www.washingtoninstitute.org/policy-analysis/tracking-
maritime-attacks-middle-east-2019
61 Dang, Yuanyue, “China PLA Stationed Up to 6 Warships in Middle East Over Past Week Amid Rising Tensions
from Israel-Gaza War: Reports,” South China Morning Post, October 19, 2023.
https://www.scmp.com/news/china/military/article/3238536/6-chinese-warships-present-middle-east-over-past-week
62 Biesecker, Michael, “Hamas Fights with a Patchwork of Weapons Built by Iran, China, Russia and North Korea,”
The Associated Press, January 15, 2024. https://apnews.com/article/israel-hamas-war-guns-weapons-missiles-
smuggling-adae9dae4c48059d2a3c8e5d565daa30
Rumley USCC Testimony 13
lesson could be in the U.S. response to the attack against Israel. The U.S. repositioned two
carrier strike groups, dramatically accelerated the delivery of military aid, and sent a wave of
senior officials – including the president – to Israel in order to reinforce a message of deterrence
to Israel’s adversaries. Chinese officials could attribute this response to the close relationship
between the U.S. and Israel, or they could posit – correctly or incorrectly – that this is how the
U.S. would likely respond to Chinese aggression against Taiwan.
Does China’s leadership perceive the United States’ shift away from the Middle East and toward
the Indo-Pacific as an opportunity to establish itself as an alternative security partner in the
region? Are there any indications that China may be reconsidering its approach given the
ongoing war between Hamas and Israel?
It is possible to look at the repeated directives from Chinese leadership for the PLA to become a
more global force, coupled with the rapid build-up and modernization of the PLA, and conclude
that Chinese military power projection may start reaching areas like the Middle East soon. This
discounts, however, the premium Chinese leaders place on their own regional issues. The bulk of
Chinese military might remains decidedly focused on the Indo-Pacific, where China has
maritime disputes with almost all of its neighbors, an ongoing land border dispute with India,
and the constant desire to dial up pressure on Taiwan.
The reality for China in the Middle East is that it greatly benefits from the U.S. security
architecture. This architecture promotes freedom of navigation, stability, and the integration of
like-minded state actors. It is in China’s interest for this security architecture to remain in place.
Further, it is arguably in China’s interest for the U.S. to commit even more resources to
maintaining this security architecture, as doing so not only helps preserve the free flow of
commerce in a region crucial to China’s economy, but also potentially siphons away U.S.
military capabilities from the Indo-Pacific. So long as this architecture remains in place and
China can continue to augment its presence through a combination of modest military
deployments and investments in critical infrastructure, Chinese leaders are likely to remain
satisfied with the level of security protection for their economic interests in the region.
The war between Hamas and Israel and subsequent regional escalation has given Middle Eastern
countries another example of what a security partnership with China offers and exposed the
limits of China’s role as a security provider. Chinese officials were quick to condemn Israel and
champion the Arab countries’ talking points, but were largely unable to make any meaningful
progress on de-escalating regional tensions. Further, China’s military actions demonstrated yet
again that its security presence in the region is designed to protect China’s economic interests
first and foremost. With the exception of a tenuous relationship with North Korea and its “no
limits” partnership with Russia, China strictly follows a ‘no allies’ policy set forth in the Cold
Rumley USCC Testimony 14
War.63 Beijing is unlikely to change this policy for the conflict-prone Middle East. China is,
therefore, highly unlikely to offer countries in the region the type of military support the U.S. has
in the past. Beijing will, of course, continue to offer these countries access to select weaponry,
investment in critical infrastructure (so long as this infrastructure serves China’s interests), and
potentially political support on select issues. But, the recent and ongoing regional escalation has
hopefully revealed to countries in the region that a security partnership with China offers little by
way of security or partnership.
Please describe China’s professional military education and training programs with Middle
Eastern partners.
The exact numbers of foreign participants in China’s professional military education (PME)
programs is difficult to ascertain publicly. China’s 2019 Defense White Paper offers the most
detail publicly, noting that “more than 10,000 foreign military personnel from over 130 countries
have studied in Chinese military universities and colleges.”64 Beyond that, however, information
on exact attendance by participant country and year is scarce. By comparison, according to the
U.S. State Department, the U.S. trained approximately 10,000 foreign military personnel in 2021
alone.65
The general consensus remains that PME opportunities in the U.S. or Russia are still more
valuable than in China. PME offerings in China are limited by language restrictions, typically
separate foreign students from Chinese students, and avoid issues sensitive to Beijing. According
to the U.S., Chinese schools “rarely teach students about the root causes of security problems.”66
Still, China is looking to incentivize attendance through higher stipends and “greater exposure to
Chinese technological and scientific innovations.”67 To date, the PLA has prioritized attendance
from Africa and Latin America.68 Were China to seek greater attendance from the Middle East
and North Africa, its approach may gain traction in coming years.
63 Keith, Ronald C., “The Origins and Strategic Implications of China’s ‘Independent Foreign Policy’,”
International Journal, Vol. 41, No. 1, 1985-1986. Pages 95-128.
64 “China’s National Defense in the New Era,” Information Office of the State Council, The People’s Republic of
China.
65 Of these, approximately 2,800 military personnel were from the Middle East and North Africa. “Foreign Military
Training and DoD Engagement Activities of Interest, 2020-2021,” U.S. Department of State, 2022.
https://www.state.gov/reports/foreign-military-training-and-dod-engagement-activities-of-interest-2020-2021/. Note,
the Defense Security Cooperation Agency (DSCA) claims that it trained nearly 25,000 international military
students through its own separate programs in 2022. “DSCA Fast Facts: Fiscal Year 2022,” Defense Security
Cooperation Agency, 2022. https://www.dsca.mil/sites/default/files/2023-
01/DSCA%20Fast%20Facts%202022%20-%20FINAL%20FOR%20PRINT.pdf
66 “Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China
2023,” U.S. Department of Defense.
67 Ibid.
68 Nantulya, Paul, “China’s ‘Military Political Work’ and Professional Military Education in Africa,” Africa Center
for Strategic Studies, October 30, 2023. https://africacenter.org/spotlight/china-pla-military-political-work-pme-
africa/
Rumley USCC Testimony 15
The Commission is mandated to make policy recommendations to Congress based on its
hearings and other research. What are your recommendations for Congressional action related
to the topic of your testimony?
1) Support defense modernization efforts in the region. For a variety of reasons, several
countries in the region are looking to develop their own defense industrial bases. In
pursuit of these ambitions, countries have sought a combination of foreign investment,
diverse suppliers, and external partnerships that include technology transfers, research
and development, and co-production agreements. U.S. security cooperation is notoriously
inflexible when it comes to the latter. China and Russia, on the other hand, are perceived
to be more flexible. Further, some U.S. partners see Washington entering into creative
defense agreements with other countries – whether that is the AUKUS arrangement with
Australia and the UK or INDUS-X with India – and perceive a general lack of interest in
similar agreements in the Middle East.
For the U.S., shedding this inflexibility and sharing technology with regional partners is
one way to reinforce the security partnership beyond simply committing military
resources on the ground. To date, the U.S. has been wary of such commitments given
select countries’ ties to China and the subsequent risk to proprietary U.S. defense
information. Yet a defense technology sharing arrangement, if done carefully, could
accomplish two objectives at once in both boosting the defense relationship with the
partner country while also adding another structural constraint – i.e. the requisite
safeguards on U.S. information – on a third-party country’s relationship with Beijing.
2) Coordinate China-related messaging to regional countries with global partners.
Regional partners have heard the U.S. talking points regarding China for years. Some are
receptive, others are not. Some view the U.S. as a non-objective actor in this domain,
given the U.S. competition with China. One way to circumvent this phenomenon is for
other global partners, in particular those with experience dealing with China, to convey
their own experiences and subsequent warnings to Middle Eastern countries. Some of
these countries, like Japan or Singapore, have established relationships in the Middle East
and a history of navigating China’s practices. Coordinating their messages to countries in
the region could foot-stomp U.S. talking points. Congress should – in the course of its
engagement with such U.S. partners – emphasize the importance of imparting these
lessons to third-party countries around the world, including in the Middle East.
3) Synchronize efforts between the legislative and executive branches to limit China’s
influence in the Middle East. In January, the House Select Committee on the Chinese
Communist Party asked the Department of Commerce to investigate the Emirati firm
Rumley USCC Testimony 16
Group 42 Holdings (G42) regarding its reported ties to China.69 This followed years of
bipartisan concern from the executive and legislative branches regarding the firm, which
is led by the UAE’s national security advisor, and its relationship with China.70 A month
later, G42 announced that its investment arm had divested entirely from Chinese
companies.71 The episode is an example of the potential power unified, clear, and patient
messaging can have in addressing China-related concerns with U.S. partners. Congress
and the administration should expand efforts to identify specific China-related concerns
in the region and coordinate subsequent messaging.
69 “Gallagher Calls on USG to Investigate AI Firm, G42, Ties to PRC Military, Intelligence-Linked Companies,”
House Select Committee on the Chinese Communist Party, January 9, 2024.
https://selectcommitteeontheccp.house.gov/media/press-releases/gallagher-calls-usg-investigate-ai-firm-g42-ties-
prc-military-intelligence
70 Mazzetti, Mark and Edward Wong, “Inside U.S. Efforts to Untangle an A.I. Giant’s Ties to China,” The New York
Times, November 27, 2023. https://www.nytimes.com/2023/11/27/us/politics/ai-us-uae-china-security-g42.html
71 “Abu Dhabi AI Group G42 Sells its China Stakes to Appease US,” Financial Times, February 9, 2024.
https://www.ft.com/content/82473ec4-fa7a-43f2-897c-ceb9b10ffd7a

*       *       *

April 19, 2024
Dr. Dawn C. Murphy
Associate Professor of National Security Strategy, US National War College
Testimony before the U.S.-China Economic and Security Review Commission
USCC Hearing on “China and the Middle East”
Disclaimer: The views expressed in this testimony are those of the author and do not reflect the
official policy or position of the National Defense University, the Department of Defense, or the
US Government.
China’s Engagement with Middle Eastern Countries in Regional and International
Organizations
Thank you for the opportunity to participate in this hearing on “China and the Middle East.” My
testimony today focuses on China’s engagement with Middle Eastern countries in regional and
international organizations. I have structured my testimony around the questions put forward by
the commission staff.
Why does China engage with Middle Eastern states through regional and international
organizations? What interests or initiatives is it seeking to advance?
China engages with Middle Eastern states through a wide range of multilateral regional and
international organizations. For this testimony, the Middle East includes members of the League
of Arab States (Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon,
Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, Sudan, Syria,
Tunisia, United Arab Emirates, and Yemen), Iran, Israel, and Türkiye. This testimony focuses on
a sub-set of China’s interactions with regional and international organizations, including
cooperation forums (the China-Arab States Cooperation Forum- CASCF and the Shanghai
Cooperation Organization- SCO), the Gulf Cooperation Council (GCC), the League of Arab
States (LAS), the BRICS (Brazil, Russia, India, China, and South Africa), and the United
Nations (the United Nations Security Council and the United Nations Human Rights Council).
Through these regional and international organizations, China seeks to advance its interests in
the Middle East and globally. Those interests include ensuring access to resources and markets
across the region; fostering support for China’s goals and behavior in the broader international
system; ensuring silence or supportive statements from states in the region about China’s actions
in Xinjiang and Hong Kong; maintaining and developing support for China’s stance on issues of
territorial integrity such as Taiwan and South China Sea territorial disputes; and promoting
China’s global initiatives of Belt and Road, the Global Development Initiative (GDI), Global
2
Security Initiative (GSI), and Global Civilization Initiative (GSI).1 One important driver of
China’s behavior in these organizations is to promote regional stability in the Middle East. It
tends to see the region as having a high potential for turmoil and interstate war. It also views it as
a breeding ground for non-state actor security threats, such as terrorism, that could threaten
China’s interest in the Middle East and beyond.
China’s interactions with regional and international organizations generate many benefits in the
Middle East. These organizations provide China with an efficient and effective way to interact
with a large number of countries and better understand their needs and positions. Through these
organizations, China can amplify its voice and join together with other states to coordinate
positions on issues. These organizations give China a platform to highlight the shared norms it
wants to promote in the international system, including a strict interpretation of Westphalian
sovereignty, South-South cooperation, and a heavy role for state involvement in economic
interactions. Operating through regional organizations and international organizations on security
issues also gives the PRC an opportunity to emphasize that it does not seek to play a unilateral
security role in the region and differentiate itself from other great powers, such as the United
States and Russia.
Assess China’s interactions with the Gulf Cooperation Council (GCC), which includes
Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. How does
China’s engagement with the GCC advance its energy and economic interests?
China interacts with GCC states through regional organizations in two ways, through
cooperation forums and direct interactions with the GCC.
Established in 2004, the China- Arab States Cooperation Forum (CASCF) is China’s primary
multilateral coordination mechanism with the Arab States, including the GCC states.2 The Forum
on China-Africa Cooperation Forum (FOCAC), established in 2000, also encompasses North
African states (Algeria, Djibouti, Egypt, Libya, Mauritania, Morocco, Somalia, Sudan, and
Tunisia), but this testimony focuses on the CASCF.
The LAS represents its twenty-two members in the CASCF. All of those states recognize the
People’s Republic of China (as opposed to Taiwan). Due to coordination by the Arab League in
the CASCF, the Arab States have the opportunity to communicate with China in a unified voice
and the ability to actively negotiate for the inclusion of collective projects involving multiple
Arab countries.
CASCF conducts ministerial meetings every two years. In 2022, CASCF conducted its first
summit level meeting with Xi Jinping in attendance. The next meeting of the CASCF is planned
for later this year in 2024.
1 For an in-depth discussion of China’s interests in the Middle East, see Dawn C. Murphy, China’s Rise in the
Global South: The Middle East, Africa, and Beijing’s Alternative World Order, Stanford University Press, 2022, ch.
3.
2 For an in-depth discussion of the China-Arab States Cooperation Forum, see Murphy, China’s Rise in the Global
South, Ch. 4.
3
This testimony focusses on the political, economic, and security aspects of the CASCF. That
said, almost every type of state-to-state interaction is in scope for this organization, including
environment, health, education, culture, foreign aid, media, legislature cooperation, science and
technology, policing, and a wide range of other functional issues.
The CASCF emphasizes political cooperation with China. The foundational norms of political
cooperation in the CASCF are China’s Five Principles of Peaceful Coexistence (5POPC) and
South-South Cooperation. The 5POPC represent a very conservative interpretation of
Westphalian norms of sovereignty, territorial integrity, and non-interference. The 5POPC are:
mutual respect for territory and sovereignty, mutual non-aggression, mutual non-interference in
internal affairs, equality and mutual benefit, and peaceful coexistence.
The CASCF also explicitly includes cooperation on key Arab political issues, in particular the
Middle East peace process. The Palestinian-Israeli conflict is the most important political issue
addressed in the forum and China has constantly emphasized the issue. China also seeks support
from Middle Eastern states in the CASCF for its behavior in Xinjiang.
Through the CASCF, China also solicits support from Middle Eastern states for its approach to
territorial claims. One clear example of this type of behavior was the inclusion of wording in
CASCF documents supporting China’s position on territorial disputes in the South China Sea in
2016. 3
The CASCF is also the primary multilateral mechanisms through which China coordinates
economic activities with the Middle East. The main areas of economic cooperation in the forum
are trade, investment, finance, infrastructure, economic security, and BRI. CASCF also
encourages energy cooperation between China and Arab states.
Finally, CASCF officially promotes security cooperation but compared to economic and political
interactions, this activity is minimal. The forum calls for establishing a nuclear-free zone in the
Middle East. CASCF documents also highlight the need to combat global terrorism, but unlike
the Shanghai Cooperation Organization (SCO), CASCF forums do not contain actual
mechanisms for bi-lateral counter-terrorism activities.
The CASCF is the primary multilateral mechanism for China’s interactions with the GCC
members, along with the rest of the LAS, but China now is also setting up standalone
mechanisms to interact directly with the GCC. In 2022, immediately following the CASCF
summit, Xi Jinping held a summit with the GCC leaders in Riyadh. Also, although China already
has a strategic partnership with the LAS, it is now pursing one with the GCC as an organization.4
3 The 2016 CASCF declaration states "Arab states support China and relevant countries to peacefully settle
territorial disputes and maritime issues using friendly consultations and negotiations through bilateral agreements
and regional consensus; emphasize the need to respect the right of sovereign States and States parties to the United
Nations Convention on the Law of the Sea to choose dispute settlement methods." See “China-Arab Cooperation
Forum Ministerial Conference of the Seventh Doha Declaration,” (2016), section 6, www.cascf.org.
4 “HE GCCSG: Conditions for Establishing GCC-China Strategic Partnership Are Based on Political Trust, Mutual
Respect, Strong Understanding Among them and Their Weight in Global Economy, Building on Outcomes of 1st
4
China has also been negotiating a free trade agreement with the GCC since 2004 and both sides
hope to finalize the agreement soon.
China’s recent push to set up organizations to interact with the GCC reflects the rising role of the
Arab Gulf in China’s Middle East strategy, the importance of GCC states as economic partners
with China, and increasing cohesion among GCC members since the ending of the embargo
against Qatar. The aim of these new GCC-focused organizations is to pursue China’s economic,
energy, and political instruments with a block of countries that are increasingly important to
China’s economic and political interactions with the Middle East.
Why have several Middle Eastern states become members, dialogue partners, or observers
of the Shanghai Cooperation Organization (SCO)? How could relationships through the
SCO potentially amplify China’s influence in the Middle East?
In 2023, the SCO expanded to include Iran as a formal member.5 Turkiye is already a dialogue
partner and has expressed an interest in membership.6 Five out of six GCC member states
(Bahrain, Kuwait, Qatar, Saudi Arabia, and the United Arab Emirates) together with Egypt have
become dialogue partners in the last few years. Saudi Arabia has expressed an interest in joining
the SCO as a full member in the medium term.7 Each of these states has different motives for
joining the SCO.
Before 2023, the only Middle Eastern states that were not yet part of a Chinese cooperation
forum in the Middle East were Iran, Turkiye, and Israel. China’s CASCF already encompassed
all of the League of Arab States members, including all GCC members, and North African states
are also already in scope for the FOCAC.
Joining the SCO provides Iran opportunities to further institutionalize its relations with China,
Russia, the Central Asian states, India, and Pakistan. As a result, it offers the possibility of more
robust economic, political, and security cooperation with these states. Due to Iran’s relative
isolation from the international system, joining this organization provides it with more
opportunities to build relations with regional countries and legitimize its role in the international
arena.
GCC-China Summit in Saudi on Dec. 09, 2022,” GCC website at https://www.gcc-sg.org/en-
us/MediaCenter/NewsCooperation/News/Pages/news2023-10-22-1.aspx
5 Jonathan Fulton, “Iran joining the SCO isn’t surprising. But Beijing’s promotion of illiberal norms in Eurasia
should get more attention,” Atlantic Council blog, July 13, 2023,
https://www.atlanticcouncil.org/blogs/iransource/iran-sco-china-bri-illiberal-norms/
6 “Turkey's Erdogan targets joining Shanghai Cooperation Organisation, media reports say,” Reuters, September 17,
2022, https://www.reuters.com/world/middle-east/turkeys-erdogan-targets-joining-shanghai-cooperation-
organisation-media-2022-09-17/; and Umut Uras, “Can the SCO be Turkey’s alternative to the West?” Aljazeera,
September 21, 2022, https://www.aljazeera.com/news/2022/9/21/turkey-shanghai-cooperation-organisation-
membership-nato-west-alternative
7 “Riyadh joins Shanghai Cooperation Organization as ties with Beijing grow,” Reuters, March 29, 2023,
https://www.reuters.com/world/riyadh-joins-shanghai-cooperation-organization-ties-with-beijing-grow-2023-03-29/
5
Turkiye also does not currently participate in the other Chinese-led cooperation forums in the
Middle East. Although Turkiye is a NATO member, full membership in the SCO would provide
Turkiye more opportunities for economic, political, and security cooperation with regional
countries. Through joining SCO, Turkiye can demonstrate it has options for relations with
multiple great powers outside the US and NATO.
There are three primary drivers for GCC states and Egypt to join the SCO as dialogue partners
and possible future full members. First, it provides a way for these Arab States to balance against
potential Iranian influence in the SCO. Next, as states in the Arab World become increasingly
concerned about perceived lack of attention to the Middle East, joining the SCO is a way to build
stronger ties with China. Also, as states in the Arab Gulf and Egypt become more important in
China’s overall foreign policy, SCO provides yet another venue for demonstrating the
importance of the countries to China and coordinating policy positions with the states the PRC
sees as key regional actors.
What is the significance of the recent admission of four Middle Eastern countries to the
BRICS (Brazil, Russia, India, China, and South Africa) grouping? How could relationships
through the BRICS potentially amplify China’s influence in the Middle East?
In August 2023, the BRICS (Brazil, Russia, India, China, and South Africa) announced plans to
expand to include members from the Middle East. Four out of six of the new invited members
were from the region: Iran, Saudi Arabia, Egypt, and the UAE.
8 The other two proposed
members were Argentina and Ethiopia. Although Argentina ultimately decided to decline the
invitation, Egypt, Ethiopia, Iran, Saudi Arabia, and the United Arab Emirates all confirmed that
they plan to join.9
The fact that six of the new members invitations for the BRICS were extended to Middle Eastern
countries indicates the importance of key regional powers from the Middle East (Saudi Arabia,
the UAE, Egypt, and Iran) to BRICS members in general and China in particular. Historically,
China has viewed Egypt and Saudi as the two leaders of the Arab World, Iran as an important
regional power, and the UAE as an economic powerhouse with increasing reginal influence and
economic development plans that align well with China’s own economic priorities. Iran and
Egypt’s inclusion in the list with Saudi Arabia and the UAE likely indicates that the PRC is not
wanting to pick sides between states in the region and is attempting to maintain a balanced
approach.
8 Julian Borger, “Brics to more than double with admission of six new countries,” The Guardian, August 24, 2023,
https://www.theguardian.com/business/2023/aug/24/five-brics-nations-announce-admission-of-six-new-countries-
to-bloc.
9 “South Africa says five countries confirm they are joining BRICS,” Reuters, January 31, 2024,
https://www.reuters.com/world/south-africa-says-five-countries-confirm-they-are-joining-brics-2024-01-31/
6
Assess China’s efforts to cultivate Middle Eastern countries’ support for its initiatives and
positions at the United Nations. Where has Middle Eastern countries’ support proven most
valuable?
In the United Nations, Middle Eastern countries’ support for China’s positions has been most
valuable in the UN Human Rights Council to shield China from criticism about its behavior in
Xinjiang. For example, in July 2019, after twenty-two countries formally condemned China for
its mass detention of ethnic and religious minorities in China, thirty-seven states signed a letter
praising China’s “remarkable achievements in the field of human rights.” Signatories included
several Middle Eastern states, such as Algeria, Bahrain, Egypt, Kuwait, Oman, Qatar, Saudi
Arabia, Syria, and the UAE.10 Also, in 2022, Middle Eastern states (Qatar and the UAE) voted in
the UN Human Rights Council to prevent debate of China’s behavior in Xinjiang.11
Address China’s use of its UN Security Council veto to block U.S. sponsored moves in the
organization, such as the October 2023 U.S.-sponsored draft resolution calling for pauses in
fighting to allow humanitarian aid access, the protection of civilians and a stop to arming
Hamas and other militants in the Gaza Strip.
China’s voting behavior in the United Nations Security Council since October 7, 2023, needs to
be considered in the broader historical context of China’s approach to the Palestinian-Israeli
conflict. During the Mao era, China provided material support to various Palestinian groups
seeking national liberation. China recognized the State of Palestine in 1988 and established
robust state-to-state relations with Israel in 1992. Since at least 1997, China has articulated its
contemporary views on the Palestinian-Israeli conflict, and in 2002 it established a Special
Envoy for Middle East Issues to attempt to contribute to resolution of the contemporary
conflict.12 The Palestinian-Israel conflict has been a centerpiece of China’s political discourse
with the Arab States, reflected in declarations of the China-Arab States Cooperation Forum.
China’s approach to events after October 7, 2023, including its voting behavior in the United
Nations Security Council, mirrors its longstanding approach to the Palestinian-Israeli conflict.
China views the current Israel-Hamas war as a flare-up in the Palestinian-Israeli conflict and
Arab-Israeli conflict. China considers the Palestinian-Israeli conflict as the core threat to peace
and security in the Middle East. For over twenty years, the PRC has advocated for peaceful
negotiations, an end to violence, a two-state solution with an independent Palestinian state based
on pre-1967 borders with East Jerusalem as the capital, a return of the Golan Heights to Syria, a
cessation of Israeli settlements in occupied territories, the establishment of an international
supervisory mechanism, and the utilization of a multilateral mechanism to resolve the conflict.
10 Joshua Berlinger, “North Korea, Syria and Myanmar among countries defending China's actions in Xinjiang,”
CNN, July 15, 2019.
11 “China: Xinjiang vote failure betrays core mission of UN Human Rights Council, Amnesty International, October
6, 2022, https://www.amnesty.org/en/latest/news/2022/10/china-xinjiang-vote-failure-betrays-core-mission-of-un-
human-rights-council/; and Emma Farge, “U.N. body rejects debate on China's treatment of Uyghur Muslims in
blow to West,” Reuters, October 6, 2022, https://www.reuters.com/world/china/un-body-rejects-historic-debate-
chinas-human-rights-record-2022-10-06/
12 For an in-depth discussion of China’s Special Envoy for the Middle East, see Murphy, China’s Rise in the Global
South, ch. 5.
7
Although it is different from its material support for Palestinian groups during the Mao era,
China’s behavior over the last twenty years has been Palestinian-leaning, including in its United
Nations Security Council voting. Since 1991, China’s votes in the UNSC about issues involving
the Palestinian-Israel conflict often vary from the US. Over the years, it has consistently
criticized what it considers to be Israel’s disproportionate responses towards the Palestinians and
violations of international law. It considers its approach to the Palestinian-Israeli conflict to be a
long-standing principled stance to stand up for the Palestinians.
Starting immediately after October 7, 2023, China’s official statements from the Ministry of
Foreign Affairs, Special Envoy to the United Nations (Zhang Jun), Special Envoy for the Middle
East Issue (Zhai Jun), and Xi Jinping were all consistent with its past stance on the Palestinian -
Israeli conflict. China emphasizes that it condemns violence against civilians, but it refuses to
characterize Hamas (or other Palestinian groups) as terrorists. China tends to frame Palestinian
actions as part of an armed struggle for national liberation rather, not terrorism. In the 2023
UNSC vote referenced in this question, and other cases where China’s vote differs from the US
on this issue, China vetoed the resolution, because it does not align with China’s longstanding
stance on the Palestinian-Israeli conflict. China’s complaint about that particular resolution was
that it did not call from an unconditional cease fire.13
At this point, the PRC is deeply concerned the Israel-Hamas war could escalate into a much
broader conflict. China views the Middle East as a region of instability that is ripe for conflict. In
particular, it expresses concerns that violence could increase between Israel and Hezbollah in
Lebanon, Iranian-backed groups in Syria and Iraq, as well as the Houthi in Yemen.14 The PRC
also likely worries that conflicts between those Iranian proxies and Israel could ultimately draw
Iran into direct conflict with Israel or the United States. A broader war in the region could further
threaten China’s shipping through the Middle East, cause global oil prices to rise, and pose a
danger to Chinese citizens and businesses in countries involved in the conflict. China’s top
interests in the Middle East are economic. A regional war would pose significant risks to those
interests.
Since October 7, the PRC has highlighted how its approach to the Palestinian-Israeli conflict
differs from the US. It often leverages debate in the UNSC to highlight those differences. Much
of the framing of this issue is centered on criticism of the US role in the Middle East, support for
Israel, and broader US international behavior that the PRC considers to be hegemonic. Although
China’s relations with Israel may be damaged by its current approach to the Palestinian-Israeli
conflicts, it is likely Beijing’s position on the Israel-Hamas war and its UNSC voting on this
issue will positively resonate with the Arab World, the Muslim-majority world, and many
countries in the Global South more broadly.
13 Michelle Nichols, “Russia, China veto US push for UN action on Israel, Gaza,” Reuters, October 25, 2023,
https://www.reuters.com/world/un-security-council-vote-rival-us-russian-plans-israel-gaza-action-2023-10-
25/#:~:text=UNITED%20NATIONS%2C%20Oct%2025%20%28Reuters%29%20-%20Russia%20and,Hamas%20a
nd%20other%20militants%20in%20the%20Gaza%20Strip
14 Dewey Sim, “Israel-Gaza war: China will ‘do anything’ to restore peace, but ‘prospects are worrying’, envoy
says,” The South China Morning Post, October 23, 2023,
https://www.scmp.com/news/china/diplomacy/article/3238893/israel-gaza-war-china-will-do-anything-restore-
peace-prospects-are-worrying-envoy-says
8
The Commission is mandated to make policy recommendations to Congress based on its
hearings and other research. What are your recommendations for Congressional action
related to the topic of your testimony?
• Congress should make efforts to better understand China’s role in regional organizations
in the Middle East and the ways in which China’s interactions with these organizations
translate into influence in the region.
• Congress should consider urging the US government to establish multilateral
organizations in the Middle East similar to China’s cooperation forums in order to fully
engage with members of the League of Arab States and the Gulf Cooperation Council.
Those new organizations could be leveraged to pursue a wide range of joint activities
with states in the region across functional issues.
• Congress should avoid overreacting to China’s engagements with regional organizations.
Many of China’s activities with these regional organizations are viewed in a positive light
by members of the LAS and GCC. The US government should triage which Chinese
behavior in multilateral organizations is most problematic for US interests and focus on
addressing those specific issues.
• Congress should make efforts to better understand how China’s Palestinian-leaning
behavior in the United National Security Council resonates with states in the Middle East
and the Global South more broadly.
• Congress should make efforts to better understand the role of GCC states in China’s
broader strategy for the Middle East. Increasingly, China is incorporating GCC states into
a number of multilateral organization formats. The US government needs to better assess
the significance of those actions and how to interpret them relative to China’s relations
with other states in the Middle East (e.g., Iran, Egypt, Israel, Turkiye).

*       *       *

‘’China and the Middle East’’
Testimony before the U.S.–China Economic and Security Review Commission
April 19, 2024
China’s Security Interests Panel III
Dr Alessandro Arduino,
Affiliate lecturer Lau China Institute King’s College London, visiting professor Geneva Graduate Institute
I want to start by thanking co-chairs Commissioner Aaron Friedberg and Commissioner Jonathan Stivers,
as well as all the Commissioners, for giving me the opportunity to testify today. The views I'll be
presenting are solely my own and should not be seen as representing any organization I'm affiliated
with.
Setting the Stage. Chinese Private Security Companies Presence in the Middle East
Once more, the Middle East teeters on the edge, stirring China's unease over escalating regional
instability. With porous borders, rampant transnational crime, attacks on the sea lanes of
communications, and the relentless spread of terrorist networks, the threat to China's Belt and Road
Initiative (BRI) looms large. While Beijing is gradually moving away from its longstanding policy of non-
interference and becoming more reactive, it remains cautious about actively involving itself in the
Middle East security quagmire.i
To address security concerns without committing Chinese military personnel, China is turning to private
security companies (PSCs) as a convenient security gap filler. In the Middle East, Chinese oil and gas
state-owned enterprises (SOEs) have been utilising these firms to protect Chinese engineers from
kidnapping and to safeguard infrastructure from attacks by terrorist or criminal groups. This approach
predates the specific security needs of the BRI. Still, the evolution and expansion of the Chinese private
security sector, especially from the Middle East to Africa, is indicating China's proactive stance in
mitigating risks without the necessity to deploy the People’s Liberation Army (PLA) overseas. Initially,
the Chinese private security sector defending Chinese oil fields in the Middle East aimed to emulate the
role played by US Private Military Companies (PMCs) in Iraq. At that time several security companies
from the US, UK and Israel supported with armed guards, security analysis and training the Chinese PSCs
protecting national energy companies, mostly in the southern part of Iraq. Yet, increasing tensions with
the US have made Chinese SOEs more hesitant to engage with Western security contractors. In this
respect, the emergence of Russian quasi-PMCs and especially the Russian Wagner Group presented a
2
novel approach, combining mercenary activities with quasi-private proxy services for authoritarian
regimes. In this respect, Russian quasi-PMCs attempted to enter the profitable market of safeguarding
the BRI in the Middle East, especially against maritime piracy from the Red Sea to the Gulf of Guinea.
However, this approach lost its allure relatively quickly, particularly after Wagner’s boss Yevgeny
Prigozhin's armed mutiny cast a shadow over the Wagner Group's loyalty, raising concerns in Beijing
about the potential threats spanning from unaccountable heavily armed contractors returning home.
The growing presence of Chinese PSCs along the Belt and Road Initiative in the Middle East reflects
Beijing's desire to cultivate a professional private security sector capable of operating effectively in
complex environments far from China’s borders while keeping intact the decades-old principle of non-
interference. In this respect, the challenge lies not in determining the presence of Chinese PSCs
overseas, but rather in distinguishing where the involvement of the State ends and the private sector
starts.
In the Middle East, China’s PSCs have a lesser presence compared to their activities in Asia and Africa.
For example, in the affluent Gulf States, Chinese PSCs are primarily tasked with guarding offices and
warehouses, as local police adequately ensure the safety of Chinese workers. However, in more volatile
environments like Iraq, experienced Chinese PSCs support national oil and gas companies by leveraging
longstanding relationships with Iraqi popular mobilization units (PMU), particularly when direct support
from Baghdad is not feasible. In Syria and Yemen, Chinese investments have dwindled amid civil wars,
with the possibility of seeing a surge in the Chinese private security sector only once Beijing commits to
participating in post-conflict reconstruction efforts. Despite claims from various quarters, including
Beirut, Damascus, and Sana'a, that Chinese billions in foreign direct investment (FDI) will revolutionise
national economies' rebuilding, Beijing remains cautious. Simultaneously, Israel holds significance for
Chinese PSCs not primarily as a market, but rather as service providers. Israeli companies and individuals
possess valuable expertise in counter-terrorism and cybersecurity, which they can transfer to Chinese
PSCs seeking to enhance their capabilities on a global scale.
According to Chinese scholars, since the onset of ‘’the Arab Spring, optimism can still be hard to find in
the Middle East.’’ii Russia returning to the Middle East as a major power through the military
intervention in Syria and the US reorienting its Middle East strategy is accompanied by regional powers
such as Saudi Arabia, Turkey, and Iran striving for power and security. Nevertheless, due to the large
influx of capital and Chinese workersiii, ‘’the protection of overseas Chinese citizens has emerged as a
new diplomatic imperative."iv The 2018 State Council Report on the Protection of Overseas Chinese
Rights and Interests emphasises that "the overseas Chinese have an irreplaceable and vital role in
realising the Chinese dream," therefore for China, safeguarding nationals in the Middle East has become
a cornerstone of its foreign policy. Amid rising terrorist threats and conflicts, the interconnectedness
between China's human and economic presence in the Middle East and its security policy is of growing
significance.
Compared to their Western counterpart the Chinese PSCs are latecomers into the international private
security arena. In 1993 the operational scope of PSCs with ‘’Chinese characteristics’’ was restricted,
primarily allowing former military and police personnel to register such companies. However, since
2009, subsequent laws have broadened their operational horizons. These changes include loosening
restrictions on weapon access and easing the stringent registration procedures that were in place
earlier. However, the majority of the several thousand Chinese PSCs operating in mainland China are still
established and managed by former security officers, with key personnel recruited from the People’s
Liberation Army, People’s Armed Police, and the police force. Simultaneously, while there exists a
3
detailed law governing the operation of PSCs within China, there is a lack of precise rules and regulations
for those operating overseas. This ongoing legal vacuum exposes the entire sector to competition from
semi-legal Chinese private security companies that establish themselves overseas without proper
licensing domesticallyv. Nevertheless, while the Chinese private security sector is increasing its
professionalisation, it's improbable that Chinese PSCs will attain in the short term the same level of
expertise and capability as their Western counterpartsvi.
The Party Controls the Gun. Regulating the Evolution of the Chinese Private Security Sector
Prior to President Xi Jinping’s flagship foreign policy initiative, the Belt and Road, Chinese investments in
the Middle East and North Africa (MENA) primarily targeted natural resource extraction and trade.
However, since 2013’s surge in infrastructure investments driven by the BRI, aiming to connect the
MENA region with Chinese trade routes like the estimated 63 billion US$ China-Pakistan Economic
Corridor (CPEC), Central Asia, the Red Sea, the Indian Ocean and the Mediterranean basin has also
heightened risks and threats to Chinese personnel and infrastructures. In this respect, Beijing’s position
on MENA is ‘’shifting away from harvesting economic benefits while avoiding political entanglements …
albeit in a cautious way’’vii. Therefore, China is gradually increasing its political, securityviii and economic presence in the region, with economic cooperation still the centrepiece of this effort.
While China trails behind the US as the primary security provider in the MENA region and across Africa,
it stands as one of the leading economic actors. In 2018, the MENA region ranked second globally in
terms of investment and Chinese construction projects, following closely behind Europe, with this trend
on the rise. However, security remains a significant challenge. Complicating Beijing’s development-
security approach is the increasing presence of over one million Chinese expatriates in the region,
spanning from construction workers to businesspeople, students, and even religious pilgrims visiting
Saudi Arabia and Iran.
In this respect, Chinese security pundits are increasingly vocal on Chinese social media that it is time that
China’s private security sector increases its capability and footprint abroad to protect Chinese nationals
against terrorist threats. Yet, the Chinese Communist Party (CCP) remains resolute, adhering to the
Maoist principle that "the party controls the gun."ix Despite Beijing's scepticism, Chinese private security
firms are poised to assume an important role in safeguarding Chinese interests overseas and bolstering
security capabilities in a domain where the boundary between private and public realms is often
blurred.
While the private security sector with ‘’Chinese characteristics’’ is adapting to meet increasing
challenges abroadx, Beijing's imposed limitations on access to weapons are still forcing the Chinese PSCs
to rely on armed personnel hired from local or international sources. Consequently, Chinese PSCs
primarily engage in passive roles such as asset protection against various threats like riots, theft,
kidnapping for ransom, terrorism, and maritime piracy. This restriction has prompted numerous Chinese
security experts over the past decade to advocate for the professionalisation and restructuring of the
sector, potentially modelling it after Western private military frameworks or incorporating elements
from the Russian approach to PMCsxi.
Following the launch of the BRI, the Chinese private security sector briefly experimented with a model
akin to Blackwater. This was evident in the establishment of Frontier Services Group (FSG), a Hong Kong-
4
based joint venture co-founded by Erik Prince the founder of US PMC Blackwater in collaboration with
the Chinese state conglomerate CITIC. However, as tensions between China and the US escalated, the
prominence of the Blackwater-inspired model began to decline.
Also, the Russian model did not find fertile ground. Before the Wagner Group armed mutiny, several
Chinese security firms had started contemplating collaborations with Russian counterparts. They were
attracted to three main advantages offered by Russian security providers: skilled contractors with a
demonstrated combat track record, a lack of evident Western ties that might jeopardize the
confidentiality of SOEs, and competitive pricing. Nevertheless, Chinese foreign investments demand
stability while the Wagner Group's promise of ‘’armed stability’’ thrives in chaos. This presents a
paradoxical challenge for Beijing and Moscow's "no-limits friendship," while simultaneously making it
difficult for the Chinese private security sector to maintain a low profile.
In the Middle East, wherever there are Chinese economic interests, Chinese PSCs are there operating
alongside local or international armed contractors. These Chinese contractors usually consist of a small
number of unarmed security managers who serve as contact points between the Chinese company's
workers located in a gated compound and the local security forces. In cases where regulations in the
host country prohibit the registration of independent Chinese PSCs or joint ventures with local private
security firms, it's not uncommon for a limited number of Chinese security managers to operate under
working visas granted to the Chinese SOE. The risk management approaches of Chinese companies vary,
with state-owned enterprises (SOEs) in natural resource exploitation being better funded and equipped
to procure necessary security servicesxii.
Maritime Security: From Anti-piracy to Anti-drones.
Since the surge of piratical activities along the Somali coast the Chinese private security sector has
provided guards to Chinese commercial vessels, mostly related to Chinese commercial shipping lines and
China’s State energy companies. Since 2019, with Somali pirate activities nearly eradicated due to the
efforts of Combined Naval Task Force 151, Chinese PSCs have shifted their focus to addressing the
maritime security needs of the BRI in response to the increase in piracy incidents in Western Africa.
The most common maritime incidents in the region involve boarding ships to steal valuables from crews,
but hijackings and kidnappings also occur. Various types of pirates still operate around maritime
chokepoints, leaving vessels with limited options for navigation. However, rising insurance costs to
protect sea lines of communication from piracy are compelling the private security sector to enhance
their capabilities at sea. Nevertheless, in 2024, the Middle East is back in the global spotlight after a
Yemeni militant group, the Houthis, began engaging in marauding activities in the Red Sea. The Bab al
Mandab chokepoint is a crucial link in one of the world’s most important maritime routes connecting
the Mediterranean to the Indian Ocean facilitating the continuous transportation of millions of barrels
of oil daily and contributing to 12% of global trade.
In this respect, the Chinese PSCs have been forming their own response to armed drone attacks and
hijack attempts on Red Sea shipping. Providing security service in the maritime domain entails logistic
constraints to carry weapons onboard when commercial vessels dock into national waters. In contrast
to Chinese PSCs operating on land, a select few engaged in maritime security boast a vast international
network of partners. This includes offering logistical services aimed at bolstering maritime security,
exemplified by the presence of floating armouries. In the past decade, the proliferation of floating
5
armouries has increased in response to rampant piracy in high-seas areas and stringent national
regulations regarding the transportation of heavy firearms. These armouries play a vital role in coping
with the restrictions on private security forces carrying firearms into the ports of numerous countries.
The onslaught of Houthi attacks has intensified the imperative to safeguard the crucial sea lanes
responsible for over 40% of China’s hydrocarbon transport. In response, Chinese PSCs are getting ready
to deliver advanced services, including deploying jammers to disrupt transmission signals between
controllers and drones, along with kinetic options such as anti-aircraft guns.
Chinese PSC as Chinese Security Technologies Ambassadors
In China's Arab Policy Paper of 2016xiii, Beijing outlined its strategy for economic and cultural
development with Arab states, emphasizing enhanced connectivity within the BRI. The paper discusses
security cooperation briefly, focusing on enhancing capabilities to address nontraditional security
threats and supporting efforts against piracy, cyber security, and maintaining maritime security in the
Gulf of Aden and off Somalia. Although China's defence cooperation in the Middle East remains limited
compared to the United States and Russia, there is a growing trend in military cooperation. Chinese PSCs
are positioned as ambassadors for Chinese high-tech security products. According to the Stockholm
International Peace Research Institute (SIPRI), China accounted for only 5% of arms transfers to the
MENA region between 2014 and 2018, significantly lower than the United States (54%) and Russia
(9.6%)xiv. However, China's military hardware sales and transfers in the region focus on niche sectors,
including combat-armed and scouting drones and missiles, such as the transfer of an armed drone
production line to Saudi Arabia.
While the Chinese private security sector is a latecomer in the international private security market, the
Chinese PSCs, could lean toward a high-tech evolutionary model. Chinese PSCs are becoming
ambassadors of China’s crowd management technologies, such as facial recognition and sooner could be
the entry point for Chinese AI’s ‘’safe cities’’ product.
In the Middle East, when States have the option to choose a partnership with China in the cyber realm it
is possible to predict that it will follow an ongoing trend of relations balancing with Beijing and
Washington. For example, ‘’the UAE is a small yet ambitious state, both powers are crucial to its strategy
for maintaining security and diversifying its economy.’’xv As the UAE prioritizes its security ties with the
US, particularly concerning the Iranian threat, it's one of only five countries in the Middle East and
North Africa to have a 'comprehensive strategic partnership' with China. In navigating this dynamic, the
UAE effectively balances between relying on the US security umbrella and leveraging Chinese ICT and AI technologies, which are pivotal to its development policies and contribute significantly to digital
advancements in the region.
The UN's 2022 call for enhanced oversight on the trade of military-grade cybertechnologies is a case in
point, with at its core the reevaluation of the conventional regulatory approach toward dual-use
technologiesxvi. Given that most technologies have multiple potential applications, there's an urgent
need for revised regulations that clearly distinguish between commercial uses and national security
imperatives.
6
However, the real challenge lies in distinguishing between legitimate private cybersecurity firms and
cyber mercenaries, and determining when private sector initiatives to enhance government espionage
capabilities cross ethical boundaries. The inherently chaotic nature of the Internet only exacerbates this
challenge.
In the realm of cyber security, both state and non-state actors are tapping into defensive and offensive
capabilities provided by the private sector. Nevertheless, distinguishing between offensive and
defensive cyber services is even more complexxvii due to the inherent opacity of the sector. Since the
inception of the Internet, states have sought to leverage cyberspace for intelligence and coercive power.
Nonstate cyber operators can traverse borders with minimal digital traces and at low costs, presenting
an attractive option for states aiming to wield influence in cyberspace. In both times of peace and
conflict, certain cyber activities blur the lines with mercenary-like activities. In this respect, the
emergence of Big Data applied to border management profiling and new surveillance technologies is
already prone to abuses.
The emergence of cyber mercenaries is already evident, although they are not yet formally recognized
as such. In this respect, the UN Working Group on Mercenary Activities defines cyber mercenaries as
companies using military-grade cyber weapons to carry out tasks for foreign powers, nonstate actors, or
even criminal and terrorist groupsxviii
.
In the Western world, particularly in the US, the liberal attitudes towards cyberspace create a vast grey
area ripe for exploitation. This isn't just by cyber mercenaries but also by PMCs and PSCs seeking to
capitalize on a lucrative and rapidly expanding market. Conversely, authoritarian regimes provide no
insight beyond their firewalls, tightly guarding Big Data under the guise of national security.
Cyber Security and Cyber Mercenaries
The expansion of the Digital Silk Road within the BRI is promoting "digitization with Chinese
characteristics." This initiative aims to position China at the forefront of the fourth industrial revolution,
encompassing digital security, e-services, and integration into smart cities. It involves various
components, ranging from underwater fibre-optic cables to the Beidou satellite navigation systemxix
.
Amidst escalating strategic rivalry between the United States and China, Beijing is increasing its strategic
presence in the MENA region not only to safeguard its energy security but also to assert its dominance
in the digital realm. While many countries are striving to balance the utilization of Chinese technology
against American efforts to block such systems, Chinese PSCs are a component of Beijing’s push in the
digital domain.
The smart cities sector presents a potential clash of interests between China, the US, and regional
actors. The integration of Chinese sensors, Big Data analytical software, and narrow AIs into smart cities
has broader national security implications. For instance, Chinese PSCs are transitioning from offering
basic guarding services to providing comprehensive high-tech solutions, such as semi-autonomous
patrol robots equipped with sensors and narrow AI. However, this raises concerns about privacy issues
stemming from the use of collected video feeds and biometric data.
China's ambition to become a "cyber great power" and its implications for data access fuel suspicions
regarding Chinese PSCs operating high-tech equipment abroad. While China's role as a security provider
7
in regions like the Middle East is still evolving, its digital influence in the region, from 5G to cybersecurity
and Big Data analytics, is rapidly expanding. Consequently, the operational space for Chinese PSCs
venturing abroad is increasing.
Chinese security companies are transitioning from offering low-cost bids to providing additional high-
tech services, leveraging competitively priced AI-enabled facial recognition and surveillance drones,
which are unavailable in the US market due to regulatory restrictions. The use of CCTV and Big Data
analysis is shifting the private security sector toward a more proactive approach, focusing on predictive
analysis and preventive solutions.
However, challenges arise from the Chinese National Cybersecurity Law, especially in countries with
their own cybersecurity frameworks. Concerns about the gathering and processing of personal data by
Chinese PSCs abroad persist, with doubts lingering regarding the security of sensitive information. The
ongoing algorithm weaponization is reshaping the development of smart cities and society, prompting
Middle Eastern monarchies to weigh their exposure to Chinese technologies within the Digital Silk Road.
Blurring the distinction between security and military roles presents a significant risk, particularly in the
realm of cyberspace, where private security firms often operate. These firms, untroubled by potential
labels like "private military entities" or even "cyber mercenaries," operate without fear of
consequences. Unlike PSCs with boots on the ground, who can face swift repercussions for bolstering
the military capabilities of sanctioned governments or non-state actors, those operating in cyberspace
do not fear backslashes.
On the global stage, while mercenaries on the ground sow disorder, their cyber counterparts capitalise
on the demand for easily deployable offensive cyber capabilities. These professionals, enticed by
lucrative opportunities in the private sector, often prioritize financial gain over national allegiance.
However, in China, monetary gain and nationalistic pride are closely intertwined. As China increasingly
favours the use of private security firms with boots on the ground to protect President Xi’s flagship
foreign policy initiative, it appears to also be employing the same strategy in cyberspace. In this respect,
Beijing is discovering the hard wayxx, as the West has, the perils and advantages of outsourcing security
to private companies to maintain plausible deniability. A February 2024 data dump of files from a
Chinese cyber security firm revealed alleged hacking exploits. Like the West, Beijing is finding out the
hard way the perils and advantages of outsourcing to private cyber security firms to maintain plausible
deniability.
As it is happening in the boots on the ground private security sector, there's a similar trend occurring in
the cyber security sector in China. The debate is anchored on whether to follow a Western approach or
a Russian one. In China, there's been some interest in the idea of privatizing cybersecurity, however,
adopting the Russian model would be more challenging for China as Beijing heavily emphasizes control
over its security providers. On the contrary, Moscow's cyber capabilities rely on a close relationship with
skilled cybercriminal organizations. This relationship is based on two principlesxxi: first, the state protects
criminal hackers who avoid targeting national interests, and second, hackers must carry out operations
for the Kremlin when needed.
Moreover, amidst the ongoing debates within the Chinese government regarding the increased
involvement of private security firms in protecting Chinese interests globally, also in the digital realm, it
revolves around the extent of "the Party control the cyber gun," echoing the longstanding Maoist
principle.
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Recommendations
China primarily expands its influence in the Middle East through economic means, leveraging its
economic prowess as a key tool. Meanwhile, the region is open to the idea of increasing China's cultural
soft power footprint, as long as it doesn't pose a challenge to existing local power dynamics. In this
respect, China believes that its vision of global order and the solutions it proposes could find fertile
ground in the Middle East. China is steadfast in out-competing the West, and given the region's
perceived openness to China's global ambitions, its engagements on the continent are expected to
intensify. Nevertheless, Beijing's economic tools are severely constrained by a rapidly deteriorating
security environment and unpredictability.
Apart from the recent brokered detente between Saudi Arabia and Iran, Beijing is hesitant to actively
involve itself in the security complexities of the Middle East.
The rise in violence against Chinese nationals abroad has prompted a call for the professionalisation of
the private security sector. While some top Chinese security firms operate internationally, most PSCs
struggle due to late entry into the global security sector and difficulty in finding competent Chinese
contractors, often relying on local fixers. Challenges include training personnel with local knowledge and
security skills, limited lucrative contracts, and few PSCs providing internationally accredited training
certifications to staff. Moreover, the notion of "private" in China is influenced by the pervasive presence
of the CCP in businesses, dealings with SOEs, and government bureaucracy shaping the private sector.
While Chinese PSCs may not pose an immediate challenge to Western counterparts in shaping the
Middle Eastern private security sector, their presence demands a clearer understanding of their role and
future development trajectories. Therefore, to compete effectively in the region, strategic policies must
be crafted, focusing on three pivotal aspects.
Firstly, there's the imperative of ongoing monitoring of the Chinese private security sector. Across the
expanse from the Middle East to Africa, the progression of Chinese PSCs adhering to global standards
and attaining internationally recognised certifications could prove advantageous not just for China but
also for local stakeholders and the international community. A small window of opportunity for
collaboration with Western counterparts still exists in promoting transparency and accountability. For
example, the maritime domain along the Red Sea presents a prime opportunity to enhance existing
collaborations that vertically integrate security services, risk mitigation, negotiation, and the insurance
sector. However, neglecting to seize this chance promptly might crack the door open to alternative
evolving models for the Chinese private security sector, such as the assertive Russian approach, which
already forcefully imposes its Wagner model in supporting autocratic regimes to stay in power in
exchange for local resources and access to strategic logistic hubs. Regulating the ascent of Chinese PSCs
through comprehensive norms reduces the risk of adverse consequences overseas and amplifies
potential advantages, particularly in situations where China must uphold its proclaimed "principle of
peaceful rise."
The second aspect revolves around the cyber realm. While there might be room for cooperation with
the Chinese private security sector boots on the ground in cyberspace is far more complex. The murky
nature of cyber operations blurs the lines between state and private entities, particularly when passive
security measures morph into active military engagements. Hence, strengthening international
regulations is paramount to curb and punish cyber actors who cloak themselves as private cybersecurity
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entities but function as cyber mercenaries, especially as AI integration in cybersecurity becomes
ubiquitous.
The last aspect pertains to the potential integration of Chinese PSCs in the Middle East, particularly
those assigned to guard logistic hubs, into the PLA’s multi-domain operations. Although Chinese PSCs
currently maintain a passive stance, primarily focused on supporting the economic and trade
endeavours of Chinese SOEs and companies abroad, there exists the possibility of future involvement in
safeguarding ports, collecting local intelligence and providing ground support for non-combatant
evacuation operations. Such developments could further blur the distinction between private security
and private military services.
i Alessandro Arduino, ‘’Chinese private security companies in the Middle East.’’ in Routledge Handbook on China–Middle East Relations. Edited By Jonathan Fulton. Routledge, September 2023. (Part VI, Cap.21)
ii Dandan Zhang, China’s Security Protection of Chinese Nationals in the Middle East. Asian Journal of Middle Eastern and Islamic Studies, (2023) 17(1), 66–82. https://doi.org/10.1080/25765949.2023.2196194
iii Dandan Zhang and Degang Sun, “China’s consular protection in the Middle East: innovation in concept, practice and mechanism,”West Asia and Africa (4), (2019)
iv Shaio Zerba,“China’s Libya evacuation operation: a new diplomatic imperative—overseas citizen Protection,” Journal of Contemporary China 23(90), (2014), p. 1094
v Alessandro Arduino, ‘’ Money for Mayhem: Mercenaries, Private Military Companies, Drones, and the Future of War’’ Rowman & Littlefield. October 15, 2023. https://rowman.com/ISBN/9781538170311/Money-for-Mayhem-Mercenaries-Private-Military-Companies-Drones-and-the-Future-of-War
vi Sergey Sukhankin ,‘’An Anatomy of the Chinese Private Security Contracting Industry’’ The Jamestown Foundation January 3, 2023. https://jamestown.org/program/an-anatomy-of-the-chinese-private-security-contracting-industry/
vii Degang Sun, "China’s Approach to The Middle East: Development Before Democracy,” in China’s great game in the Middle East, ECFR, October 21, 2019, https://www.ecfr.eu/publications/summary/china_great_game_middle_east
viii Cortney Weinbaum, John V. Parachini, Melissa Shostak, Chandler Sachs, Tristan Finazzo, and Kate Giglio, ‘’China's Weapons Exports and Private Security Contractors.’’ Santa Monica, CA: RAND Corporation, 2022. https://www.rand.org/pubs/tools/TLA2045-1.html.
ix Daniel C. Mattingly, ‘’How the Party Commands the Gun: The Foreign–Domestic Threat Dilemma in China.’’ American Journal of Political Science, October 21, 2021. 68: 227-242. https://doi.org/10.1111/ajps.12739
x Christopher Spearin ,‘’China’s Private Military and Security Companies: “Chinese Muscle” and the Reasons for U.S. Engagement.’’ National Defense University Press PRISM Vol. 8, No. 4 June 11, 2020
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xi Alessandro Arduino, ‘’ Money for Mayhem: Mercenaries, Private Military Companies, Drones, and the Future of War’’ Rowman & Littlefield. October 15, 2023. https://rowman.com/ISBN/9781538170311/Money-for-Mayhem-Mercenaries-Private-Military-Companies-Drones-and-the-Future-of-War
xii “Report of the State Council of Protection of Overseas Chinese Rights and Interests,”the National people’sCongress, (25 April 2018),http://www.npc.gov.cn/npc/xinwen/2018-04/25/content_2053574.htm
xiii China's Arab Policy Paper January 2016. English version: http://www.china.org.cn/world/2016-
01/14/content_37573547.htm
xiv Pieter D. Wezeman et al., “Trends in International Arms Transfers, 2019,”SIPRI Fact Sheet, March 2020, https://www.sipri.org/sites/default/files/202003/fs_2003_at_2019.pdf.
xv Mohamed Bin Huwaidin, ‘’ UAE’s Balancing Strategy Between the United States and China.’’ Middle East Policy 2024;31:88–101. https://doi.org/10.1111/mepo.12724
xvi UN, “Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security (GGE),” in Michael Smith, “The Sixth United Nations GGE and International Law in Cyberspace,” Just Security, June 10, 2021, https://www.justsecurity.org/76864/thesixth-united-nations-gge-and-international-law-in-cyberspace/.
xvii Shane Harris, @War: The Rise of the Military-Internet Complex (Boston: Mariner Books, 2015).
xviii Report of the Working Group on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to SelfDetermination, “The Human Rights Impacts of Mercenaries, Mercenary-Related Actors and Private Military and Security Companies Engaging in Cyberactivities,” A76/151, July 15, 2021, https://documents-ddsny.un.org/doc/UNDOC/GEN/N21/192/08/PDF/N2119208.pdf?OpenElement
xix Alessandro Arduino, ‘’ Money for Mayhem: Mercenaries, Private Military Companies, Drones, and the Future of War’’ Rowman & Littlefield. October 15, 2023. https://rowman.com/ISBN/9781538170311/Money-for-Mayhem-Mercenaries-Private-Military-Companies-Drones-and-the-Future-of-War
xx J. Edward Moreno, ‘’China’s Hacker Network: What to Know.’’ The New York Times, February 22, 2024 https://www.nytimes.com/2024/02/22/business/china-hack-leak-isoon.html
xxi Francesco Varese, ‘’La Russia in quattro criminali.’’ Einaudi, 2022 https://www.einaudi.it/catalogo-libri/problemi-contemporanei/la-russia-in-quattro-criminali-federico-varese-9788858441046/

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 Mohammed Soliman
Director, Middle East Institute

USCC Testimony

Good morning,
Chair Cleveland, Commissioners Friedberg and Stivers, and Honorable Members of the
Commission,
Thank you for the opportunity to appear before you today to discuss China’s energy, investment,
and economic interests in the Middle East. My name is Mohammed Soliman, and I am the
Director of the Strategic Technologies and Cyber Security Program at the Middle East Institute.
Founded in 1946, the Middle East Institute is the oldest Washington-based institution dedicated
solely to the study of the Middle East. It is a non-partisan think tank providing expert policy
analysis, educational and professional development services, and a hub for engaging with the
region's arts and culture.
At the Middle East Institute’s Strategic Technologies and Cyber Security Program, we study how
emerging technologies are impacting the region, analyze the rise of new tech powers, and seek to
open up opportunities for new tech cooperation between the U.S. and leading regional actors.
Myself and the other scholars in the program have been deeply engaged in studying and
analyzing the tech cold war and decoupling between the U.S. and China, as new geopolitical
fault lines emerge based on technology networks and the flow of information. This has critical
implications for the Middle East as the region seeks to become an inflection point for the new
digital order and a key arbiter in building the global digital architecture.
Before I begin, I will first say that the views and opinions expressed in my testimony today are
my own, and should not be taken as official positions of the Strategic Technologies and Cyber
Security Program nor the Middle East Institute as a whole. Now, on to today’s topic.
Throughout these opening decades of the 21st century, China has steadily expanded its presence
in the Middle East. Although it has traditionally focused its engagement with the Middle East
primarily around economic and energy interests, Beijing is increasingly becoming involved in
the region’s political and security matters, technological landscape, and broader strategic
direction.
China’s relationship with the Middle East – and vice-versa – is absolutely and inextricably
linked to its broad-spectrum global competition with the United States, which has increasingly
transformed into a hostile rivalry. In the technological sphere, this has sparked growing
discussions and accumulating steps on both sides toward so-called “technological decoupling”
— a reduction in asymmetrical reliance or interdependencies and, in some cases, a complete
severing of their ties in the technology and cyber spheres. With the acute impacts of this process
Mohammed Soliman
Director, Middle East Institute
between the two tech superpowers becoming clearer, the Middle East and North Africa (MENA)
is slowly emerging as an important region to watch. Economic and geopolitical ties with the
West have long dictated the shape of the region’s digital environment, but the rise of great power
competition and Middle Eastern countries’ pursuit of economic and technological sovereignty
have slowly deconstructed these dynamics.
The emergence of U.S.-China great power competition is clearly relevant to the new orientation
of Middle Eastern countries - particularly Gulf state actors including the United Arab Emirates
(UAE) and Saudi Arabia - yet I want to emphasize that the movement of these states’ attention to
the East represents a broader shift of the world order’s center of gravity to Asia that goes beyond
great power competition.
The implication of this ‘Asianization’ of MENA states is that, while China’s share of
geoeconomic power is undeniably important, it is precisely the geopolitical risks and baggage
that China carries in its competition with the U.S. that MENA states wish to avoid. Instead, their
more central interest in asserting their sovereignty and autonomy in areas including critical and
emerging technologies drives their Eastward orientation.
At the same time, the proliferation of nimble and focused partnerships – the I2U2, the France-
India-UAE Trilateral, and the India-Middle East-Europe Corridor (IMEC), to name a few -
reflects the perceived importance of linking the Middle East and South Asia and the Arabian Sea
with the Indo-Pacific, as well as forming an intricate transregional economic order, in a manner
that does not exclude the U.S. during this process of Asianization.
Although China’s relationship with MENA states is absolutely evolving beyond its energy-
centric past, the flow of technological elements such as telecommunications, advanced batteries,
and high-capacity computing tools is very much from China to the region, not the other way
around. While countries like Saudi Arabia are certainly aiming to develop their own domestic
abilities to manufacture and export similar items, they are still in the early stages of this process.
Moreover, their ambitious timetables for creating cutting-edge, technologically advanced
economies and societies necessitates the immediate procurement of read-to-deploy infrastructure
such as Huawei cloud data centers. Sovereign wealth funds across the Gulf are investing billions
of dollars in Chinese telecommunications, EV battery, and AI companies not only to diversify
their holdings, but to supercharge their own growth.
The large-scale use of export controls by the U.S. against Chinese firms to contain the latter’s
development of advanced computing technologies puts some MENA states in a delicate position:
walking the fine line between obtaining the hardware needed to construct emerging technologies
like artificial intelligence while complying with the American desire to not see such hardware or
technology fall into Chinese hands. The U.S. itself is also in a delicate position with respect to
export controls: If we prevent MENA states – particularly Gulf states – from accessing critical
tech products like AI chips due to concerns about such states’ warm relations with China, we risk
not only alienating our critical partners in the region, but driving them further towards Beijing.
Again, MENA governments see advanced technology as essential in their national development
pursuits, and such export controls could cause officials in these governments to perceive the US
as sabotaging their futures. In the end, they will not hesitate to purchase exactly what they
require, be it from China or the US.
Recommendation for the Commission here
I propose the following actions be taken by the U.S.:
First, The United States and its MENA partners stand to benefit from one another in these joint
technological endeavors. The U.S. should explore these benefits without viewing its partners in
the region solely through the lens of great power competition.
Second, concomitant with a tech dialogue is the creation of a coordination mechanism for
compliance and licensing for critical technologies. While the United States seeks to expand its
export controls in areas from AI to biotechnology, such regulations should be constructed and
managed in coordination with MENA partners. A coordination mechanism of this kind would
signal to the U.S.’s partners in the region that there is a shift in our perception of their strategic
importance.
Third, the United States should propose the establishment of bilateral or multilateral academic
working groups that will further the efforts outlined above. I recommend that these working
groups draw from multidisciplinary talent for collaboration on the refinement of benchmarks
used to evaluate competencies of state-of-the-art AI systems in commercially sensitive subfields,
including Natural Language Processing and Computer Vision.
Finally, the United States should also establish scientific collaboration through working groups
and workshops to construct a research agenda for “small-data” AI techniques. While the big-data
approach embodied in systems like OpenAI’s ChatGPT will continue to have their potential
scoured by researchers around the globe, non-negligible inefficiencies in hardware, data, and
energy requirements should be mitigated in the long-run.
The United States and its MENA partners stand to benefit from one another in these joint
technological endeavors. The U.S. should explore these benefits without viewing its partners in
the region solely through the lens of great power competition.


Beyond Artificial Intelligence as Fetish: A Brief Glimpse at AI From the Perspective of Application

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Pix credit here

 

Like many critical concepts around which social relations are dependent, artificial intelligence (AI)  has assumed a symbolic significance. That is, AI has become a term that represents more than itself. It has become the way in which people refer to a cluster of meaning, approaches, and premises about technology and its relationship to social relations. AI has become its own idea; as well as the vessel for a host of sometimes incompatible premises about humans, human society, technology, and more broadly consciousness, and the principles and assumptions around which social collectives (and individuals) cede authority over decision making (big and little) to processes, algorithms, analytics, and computational thought processes based on inductive reasoning from unending streams of iterative behaviors. What started out as a desire to produce simulation--the simulacra of humanity to solve problems, has become a linked set of processes and applications that can (in an ironically dialectical way) drive human behavior through the logic of its own programming (considered here).

The idea of AI blends together distinct streams of technological development (eg deep learning, natural language process, robotics, computer vision, problem solving reasoning (expert) systems). The first learns from data (pattern finding and projection); the second connects data learning to solve problems; the third translates and applies language as a sort of applied semiotics; the third embeds machines with capacity to perform tasks automatically; and the last comes closest to attempting to mimic human reasoning and decision making in the context of traditional human individual or institutional tasks (one way of looking at it here). In the aggregate, where various levels of technological development are inserted into an increasing number of human actions and interactions, on can arrive at a point where the individual and the collective are effectively managed or curated at the micro and macro level by and through clusters of tech based programing. At its limit, it can invert the relationship between the humans for whose benefit it is adopted and the ecologies of programs and functions that produce the benefit. 

Pix Credit clip from the Movie Brazil here
That suggests the question of the nature and points of insertion of the human in these ecologies of tech and their management. It is at this point that human societies have done what they always tend to do in contemporary society--to invoke the language and sensibilities of collective authority. These tend to produce variations on three impulses. The first is to suppress the creation of forms of big data tech or its use in whole or in part. The second is to control the biases built into data harvesting and analytics of big data tech to reflect privileged bias. The third is to determine points of mandatory human intervention in the operation, creation, assessment, or quality control oversight of these technologies and their use.  Nonetheless these are complicated legalities, and even harder to reduce to human intelligible text.  This is especially the case because while tech is IN THE FLOW OF time, its human regulatory mechanisms exist at ONE MOMENT IN TIME (eg here). It becomes likely that big data tech may become as necessary to its own regulation as it does to the regulation of its application.  More importantly, its various forms will likely become as embedded in public compliance regimes and the exercise of state power as it has become in other human social relations (see eg REMARKS HERE; ACCESS PPT HERE).

The idea of AI also blends together a host of tasks to which it is directed.  Many of them are a function of capacity--data based problem solving. Their differentiation is a function of the complexity of the problem to be solved and  the autonomy of decision making. Te later can be infinitely divided around sub-programing or aggregated to produce a "final" or "end product" decision or action. They are based on data, analyzed against premises, assumptions and expectations at least initially programmed into the process by humans. The analytics can themselves become part of the problem solving ecology permitting the technology to modify its analytical functions on the basis of its its encounters with data within the ultimate action parameters that may be inserted.  but also cap.  But large enough data streams can assume a life of their own--and projected through time can themselves serve as the basis for evolving analytics that then change the parameters of analysis.  In one sense it it a very high volume chartist approach but with expanded capabilities and functions (e.g., predicting the cost of transport).

None of this makes much sense without beginning to appreciate the extent to which dependency is already emerging within complex webs of differentiated big data tech. But even getting to data to answer that query, in contemporary society, requires or is made possible only by invoking the technology itself. Thus, for example, a Google" query on "AI applications" produces a suggestion that one use Google Cloud. Even the search itself is possible through the application of big data tech. Even a cursory search suggests the current breadth of use. 

Some examples: (1) Sam Daley describes "56 Artificial Intelligence Examples Shaking Up Business Across Industries;" (2) Avijeet Biswal describes "18 Cutting-Edge Artificial Intelligence Applications in 2024" across a variety of sectors; (3) Passionate also notes 18 sectors in which various forms of AI may be encountered (here); (4) Forbes describes "Applications of Artificial Intelligence Across Various Industries" suggesting that, at least for the moment, "AI usage is particularly prominent in finance, digital spaces (like social media, e-commerce, and e-marketing) and even healthcare"; (5) Siddhesh Shinde for Emeritus explored the ecologies of big data tech in heathcare, e-commerce, robotics, education, finance, marketing, banking,  social media, business, and sustainability (here); (6) 

These programs focus on the automation of processes and interactions, compliance, and all forms of data based decision making. Its robotics and chatbots can project these functions beyond a computer, that is make them mobile and able to be projected from all sorts of other devices. One begins to see the ecologies, the networks, of automated action and decision making and interaction that together already provide a substantial connection between big data tech and its human users. It is now far more likely that these programs and applications in the aggregate will shape the terrains and interactions between tech and humans (individuals and collectives) from the bottom, than the current crop of top down efforts coming from traditional hierarchically superior human institutions.  The flow of time makes less relevant any single instance of its memory recorded, for example, as law. It is therefore likely, as well, that legality must find of way of inserting itself back in time--to become automated in a sense. 

Pix credit here
That, in turn, may require a fundamental shifting in our understanding of the role of law in the management of human social relations--and the state. To those ends, the future does not come so much from the top but from the bottom--no from the conceptual universe of control but from the realities that shape human collectives within the interlinked platforms of functionally differentiated users and producers. AI moves from fetish to form, and the fundamental ordering principles of consciousness, control, subjectivity and its dialectics (iterative inductive, deductive) become a function of the interplay between the ideal and the imagined ideal represented in the aggregate and moving collective manifestations of an infinite number of interactions  that harden into principles that can be applied to (re)shape those behaviors. In the process the normative foundations--human rights, sustainability, constitutionalism, administration, may find themselves in their current forms on the wrong end of history. And the state--a meta-platform of automated decision making, descriptive and predictive analytics in the service of norm maintenance, policy, and the mechanisms of interaction with a subject population. Mimesis also suggests the morphing of the democratic principle from active consultation and elections, to passive extraction of sentiment by and through analytics (machine based and perhaps automated) of trends in aggregate behaviors with the state as the coordinator and client of a large focus group society in dialectical conversation with its objects.  But all of this is far too early to tell, though not too early to begin to see in broad and tentative outline.

Pix Credit Clip from the Movie Brazil here
  So here is a guess: Law and its legalities (however expressed) may have to shift from command to principle and objective; it may have to shift from control to oversight and from prosecution to quality control and accountability. It may have to reconstruct itself  from external enforcement to internally produced nudging with positive and negative consequences--substantially automated. That, at least, may work for the everyday world of routine behaviors: a great shift of authority from elected officials and a direct connection between the population and its government, to masses of techno-bureaucrats functionally differentiated to develop, construct, and apply the machinery of big data tech to the project of managing humans. And over it all a new sort of law--constituting but not constitutional, normative but not statutory, providing the ideal against which the machinery of control may be deployed--and a new sort of bureaucracy. Law will become less precise to survive and the locus of law process will coalesce around the management and control of the classes of administrators whose role will be to manage tech and to exercise discretion in iteratively evolving human activity.  Abuse of discretion and good faith--already within the palette of legal doctrine, will likely emerge as the great centers of constitutional control. And "street level" law will become a manifestation of automated decision making. At its limit, even the techno-bureaucrats at the bottom will be superseded by tech. And the question will divide into three parts: (1) what one does to or for people "left behind"; (2) what one does to or for the redundant human; and (3) how one manages and controls the enormous industry of norm making and the care and maintenance of these networks of automated control.

习近平词典丨新质生产力 Xi Jinping Dictionary丨New Quality Productive Forces: A Video for English Speakers and the Popularization of Leninist Concepts of Production in the New Era

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It is always nice when a political collective developing important elements of its ideology shares that development with others. It is nicer still when the outreach is in English.   One of the core areas of development of Chinese Leninism, as it moves from the Era of Reform and Opening Up to its New Era has been the evolution of the  concept of productive forces (生产力). Nor just productive forces in its narrowest sense of state assets (however broadly defined), but productive forces as an integral part of the transformation of production and productivity from one centered on economic activity (China as the factory of the world) to one in which economic activity is deeply embedded withing a comprehensive state policy to advance a complex of integrated policies to advance social welfare as a function of the core premises of the political economic (Marxist-Leninist) order. 

This has been made clearer by the Chinese Communist Party General Secretary and popularized through well placed short essays. Consider in this respect 王波习近平总书记强调的“新质量生产力” [Wang Bo, "New High Quality Productive Forces" emphasized by General Secretary Xi Jinping ] (which follows below in the original and in a crude English translation). The essay notes:

生产力是指人类在生产实践中形成的改造和影响自然的能力。 生产力作为马克思主义政治经济学和唯物史观的最基本范畴,不仅是人类历史的物质基础,也是推动社会进步的最积极、最革命的因素。 没有生产力的发展,就没有社会的进步。[Productivity refers to the ability of human beings to transform and influence nature formed in production practices. As the most basic category of Marxist political economy and historical materialism, productivity is not only the material basis of human history, but also the most active and revolutionary factor in promoting social progress. Without the development of productive forces, there will be no social progress.]
And thus the focus on explaining this, in a quite specific and directed way to target English speaking audiences.
习近平词典丨新质生产力
2024-04-22 17:30:55 来源: 新华社

新质生产力正成为中国经济大海中
强劲涌动的新潮
习近平总书记提出的新质生产力
究竟是什么?
中国为什么要发展新质生产力?

让我们翻开《习近平词典》第三章
和新华社美籍记者李柯

一起感受新质生产力的脉动吧!


总策划:任卫东
策划:孙承斌 王进业 李忠发
监制:张正富
统筹:商洋
文案/脚本:潘丽君 任垚媞
编导:郭沛然
记者:李柯 郭沛然 任垚媞 潘丽君
图片:王建华 唐京伟 郑立新
编辑:陆烨

新华社对外部
新马可波罗工作室制作
责任编辑: 陈可轩

 Xi Jinping Dictionary丨New Quality Productive Forces
2024-04-22 17:30:55 Source: Xinhua News Agency

New productive forces are becoming an integral part of China’s economic sea
Strong new trend
The new quality productivity proposed by General Secretary Xi Jinping
What exactly is it?
Why does China need to develop new productive forces?

Let's open Chapter 3 of "Xi Jinping Dictionary"
and Li Ke, an American reporter from Xinhua News Agency

Let’s feel the pulse of new productivity together!

Chief planner: Ren Weidong
Planning: Sun Chengbin Wang Jinye Li Zhongfa
Producer: Zhang Zhengfu
Coordinator: Shang Yang
Copywriter/Script: Pan Lijun and Ren Yaoti
Director: Guo Peiran
Reporters: Li Ke, Guo Peiran, Ren Yaoti, Pan Lijun
Picture: Wang Jianhua Tang Jingwei Zheng Lixin
Editor: Lu Ye

Xinhua News Agency external
Produced by New Marco Polo Studio
Editor in charge: Chen Kexuan

The link to the video is embedded in the website of the credits HERE. It is worth a listen with the sensibilities of the premises of New Era Leninism firmly in mind (see its mapping here).

Just Published (hybrid): International Journal for the Semiotics of Law (2024) 37(3) (Special Issues)

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Pix credit here

 

Delighted to pass along links to the articles just published in Issue 37(3) of the International Journal for the Semiotics of Law (2024). The volume contains two special issues--(1) The Legal Semiotics of the Digital Face (Gabriele Marino and Massimo Leone):  and (2) International Arbitration in the Digital World (Magdalena Łągiewska and Vijay K Bhatia), along with (3) my review of Jan Broekman's book Knowledge in Change (2023) on among other things the virtual, and digital consciousness.

The table of contents with links follows. 

Volume 37, Issue 3

May 2024

Special Issues: The Legal Semiotics of the Digital Face (Gabriele Marino and Massimo Leone): International Arbitration in the Digital World (Magdalena Łągiewska and Vijay K Bhatia)

Issue Editors:
  • Gabriele Marino,
  • Massimo Leone,
  • Magdalena Łągiewska,
  • Vijay K Bhatia
15 articles in this issue





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