CHINA - SOUTH AFRICA: EQUAL PARTNERSHIP OR MIRROR OF NEOCOLONIAL PRC POLICY TRENDS IN AFRICA?

Author(s):  
Ksenia Muratshina

The article analyzes the main directions of interaction between the People's Republic of China and one of its partners in the BRICS group - the Republic of South Africa - at the present stage. The main areas of interaction, problems and results of cooperation are considered.

2019 ◽  
Vol 6 (2) ◽  
pp. 4-32
Author(s):  
Ch. Hugo

Guarantees play an important role in large commercial contracts internationally. Guarantees can be either independent (demand) guarantees or accessory guarantees. The legal consequences of the two differ significantly and, therefore, it is important to differentiate clearly between the two. In the case of independent (demand) guarantees – the focus of this contribution – the guarantor’s liability is independent of the underlying performance it is guaranteeing, and is accordingly to be determined, in principle, with reference only to the terms of the guarantee. However, this is not an absolute principle. Jurisdictions throughout the world recognize exceptions to this principle, the most important and prevalent being fraud on the part of the beneficiary. A Judicial Interpretation by the Supreme People’s Court of the People’s Republic of China relating to independent guarantees came into operation in December 2016. Its rules depart in some important respects from the law of guarantees in South Africa, both in relation to the determination of the nature of the guarantee (as independent or accessory) and in relation to the exceptions to the principle of independence. This article explores these issues against the background of the law of contract of both countries.


2012 ◽  
Vol 8 (1) ◽  
pp. 252-271
Author(s):  
Madoka Fukuda

AbstractThis article examines the substance and modification of the “One-China” principle, which the government of the People’s Republic of China (PRC) pursued in the mid 1960s. Under this principle, a country wishing to establish diplomatic relations with the PRC was required first to break off such relations with the Republic of China (ROC). In 1964 the PRC established diplomatic relations with France. This was its first ambassadorial exchange with a Western government. The PRC, in the negotiations over the establishment of diplomatic relations, attempted to achieve some consensus with France on the matter of “One-China”. The PRC, nevertheless, had to abandon these attempts, even though it demanded fewer conditions of France than of the United States (USA), Japan and other Western countries in the 1970s. The PRC had demanded adherence to the “One-China” principle since 1949. France, however, refused to accept this condition. Nevertheless, the PRC established diplomatic relations with France before the latter broke off relations with the ROC. Subsequently, the PRC abandoned the same condition in negotiations with the African governments of the Republic of Congo, Central Africa, Dahomey and Mauritania. After the negotiations with France, the PRC began to insist that the joint communiqué on the establishment of diplomatic relations should clearly state that “the Government of the People’s Republic of China is the sole legal government of China”. However, France refused to insert these words into the communiqué. Afterwards, the PRC nevertheless insisted on putting such a statement into the joint communiqués or exchanges of notes on the establishment of diplomatic relations with the African countries mentioned above. This was done in order to set precedents for making countries accede to the “One-China” principle. The “One-China” principle was, thus, gradually formed in the process of the negotiation and bargaining between the PRC and other governments.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Dimitar Mladenov ◽  

The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.


2020 ◽  
Vol 20 (2) ◽  
pp. 113-128
Author(s):  
Pawel Sendyka

Abstract Taiwan is an island that off the coast of China. To say that Taiwan is a country is to offend the Communist People’s Republic of China which claims sovereignty over the island and markets it to the world as a “renegade province” which must be re-united with the mainland, by force, if necessary. For people who know very little about Taiwan and its big neighbour across the Taiwan Strait this may even sound convincing, but the truth is more complex. In 1949 the nationalist government (Kuomintang or KMT) having lost the Chinese Civil War retreated from the mainland; the communists have never ruled the island. The settling of the Republic of China’s government in Taiwan and the era of “White Terror” was another one in a series of historical events that were fundamental in forming the modern Taiwanese identity. Whatever the proponents of “one China” claim, the truth of the matter is that there is a shift in attitudes of the inhabitants of Taiwan in how they feel about themselves (Taiwanese, Chinese or both). This is a crucial fact that will have to be acknowledged in the cross-strait relations. The identity argument as such, is independent of any historical claims. And this Taiwanese identity has been evolving and will continue to do so, shaped by the past and the most recent events like the Hong Kong protests, the pandemic, politics and the military aggression and intimidation by the People’s Republic of China. This article will examine these factors in turn.


2020 ◽  
Vol 03 (02) ◽  
pp. 2050003
Author(s):  
Francisco B. S. José Leandro ◽  
Danilo Lemos Henriques

This paper will examine the interplay and relationship between bilateral diplomatic relations and economic relations through the lens of political factors, examining the concrete case of the Republic of Portugal and the People’s Republic of China. It will consider their common past — the nations’ historical similarities, their common aims and ideological differences, and analyze the alignment and the synergy developed in the modern era in developing common platforms of aims and will, in terms of political agenda-setting, such as through the issue of the status of the territory of Macao and the relationship with Portuguese-speaking countries (PSCs). It further analyzes the past few decades through the signing of diplomatic protocols, engaged bilateral and multilateral economic diplomacies, and growing commerce and trade links to identify the key trends and extrapolate relevant correlations. We examine the progresses in the relationship between the advancement of Sino-Portuguese diplomatic relations and the development of economic interplay post the 1979 period, following the formal establishment of bilateral diplomatic relations. We argue in favor of an existing positive correlation between acts of economic diplomacy and the development of bilateral economic relations. This paper presents a methodological, theoretical-inductive, and constructivist perspective, combining qualitative, quantitative, and non-participated observation.


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