On March 7, the 2nd Wuhan University International Law Forum 2018 was successfully held in Room 323 of Law School. The speaker was Prof. Ren Boyang, the director of the East Asia department Human School of Koeln university. He gave a speech with the theme of European Experience in Counterinsurgency: Legal and Political Aspect, while the host is Prof. Zhang Hui.

As a German scholar who has studied Chinese law, Prof. Bo Yang can speak fluent Chinese, and has conducted a comparative analysis of the issue of the right to conclude international treaties between China's central government and the Hong Kong Special Administrative Region.

First, Professor Bo Yang elaborated on the making of treaties in public international law, federal German law, and Chinese law. Professor Bo Yang then made his own opinions on the ratification of the treaty and the provisions of the Chinese law in the Chinese law. He believed that the Chinese Constitution did not clearly stipulate that the President of the State has the sole diplomatic right. Both the Constitution and the Treaty Law provide for the Constitution. The National People's Congress has the power to ratify and repeal international treaties or agreements; there are also deficiencies, that is, the legal status of signed and unapproved international treaties is not clear in the legal status of Chinese law. Professor Bo Yang made his own analysis according to the Hong Kong Basic Law's most Hong Kong treaty-making rights. Although the central government has imposed restrictions on Hong Kong's diplomatic rights, in a unitary China, Hong Kong has 13 diplomatic rights, than the federal government. The German state government has more powers; there is also a deficiency that the Chinese central government and the Hong Kong government may have differences in their understanding of foreign affairs and foreign affairs in legal terms, which may lead to conflicts of opinion.

In the Q&A session, Dr. Peng Cengxuan asked “the constitutional role conflict between the parliament and the state leaders in the conclusion of the treaty” proposed by Professor Bo Yang. Professor Bo Yang believes that this situation may exist in Germany, but few of them are members of the state. Members who support the president will give speeches to persuade Congress to ratify the treaty, and Germany is a federal system. The state government can also make up for it by other means. A treaty ratified by Congress. The German Chancellor is also a member of the parliament and will therefore ensure consistency with the parliament in the context of the treaty. Professor Xiao Yongping made a final summary. First of all, he responded to the situation of Professor Bo Yang’s Central Committee on "foreign affairs" and the possible misunderstanding of Hong Kong "foreign affairs". It is discussed in more detail in the annex to the Hong Kong Basic Law. In order to avoid mistakes in understanding the meaning of words, if it is still impossible to avoid conflicts between words and meanings, the NPC will interpret the law according to the procedure. In the process of the conclusion of international treaties, whether the treaty applies to Hong Kong, or whether Hong Kong independently concludes the treaty, the central government fully respects Hong Kong. Opinions; For Professor Bo Yang’s statement that the Chinese President is the most powerful, Professor Xiao Yongping believes that the position of the President of the State is a false job. At present, the international treaty reviewed and approved by the National People’s Congress has not yet appeared.

Writer: Liu Ergang