Sovereignty and International Law in the PRC (2017)

Since the reform and opening up policy of the late 1970s, the People’s Republic of China (PRC) has undergone massive political, economic, and demographic changes that have transformed the realities of migration to and from the country.[1] Much of the literature on migration issues in China to date has been focused on internal rural-to-urban migration. In the global migration scenery, China has not conventionally been considered as a receiving country for immigration. Yet, in recent times, the world’s largest industrializing economy has generated robust pull factors in relation to new and diverse flows of short-term and longer-term immigration of foreigners. Vast business opportunities, better living conditions are seen as key attractions on Chinese mainland.

Major cities (Beijing, Shanghai, and Guangzhou) on the Chinese mainland are attracting a growing number of immigrants from around the world.[1] According to the Bureau of Exit and Entry Administration of China’s Ministry of Public Security, 26.11 million foreigners entered China in 2007 and about 2.85 million of them― more than 10 percent―came for employment.[2] In 2007, 538,892 foreigners lived in China for longer than six months and over half of these were workers or relatives of workers in joint ventures and solely foreign-owned companies. (Ibid) In late 2010, China conducted its sixth national population census, for the first time counting foreigners and residents of Hong Kong, Macao, and Taiwan who were residing in mainland China.[3] The census counted 1,020,145 people from outside mainland China, including 593,832 foreigners; 336,245 were males and 257,587 were females. (Ibid) Foreigners’ countries of origin are wide-ranging, which include industrialized countries as well as developing countries in Asia and Africa (Ministry of Public Security, 2015).

Responding to an increasingly mobile population, the Chinese government is developing and strengthening its border management and labor migration policy responses. It is also taking action to promote regular migration and prevent irregular migratory movements and associated activities, such as people smuggling and human trafficking (International Organization for Migration, 2015). However, there has been little consideration in literature to examine whether these current domestic policies on various aspects of immigration meet the standards of international law, and whether China takes these standards into account or regards them as potentially limiting its sovereignty.

By Ms Keins, Alicia

References;

[1] Zheng Caixiong, “Immigrant numbers rise in cities”, (Marc 18th 2016). Available at: http://www.chinadaily.com.cn/china/2016-03/18/content_23957378.htm Accessed [June 19th 2017]

[2] Xinhua, “China plans draft immigration law”, (May 22nd 2010). Available at: http://www.chinadaily.com.cn/china/2010-05/22/content_9881622.htm Accessed [June 19th 2017]

[3] National Bureau of Statistics of China, “Major Figures on Residents from Hong Kong, Macao and Taiwan and Foreigners Covered by 2010 Population Census,” (Apr 29th 2011). Available at: http://www.stats.gov.cn/english/newsandcomingevents/t20110429_402722638.htm Accessed [June 19th 2017]

[4] Migration Policy Institute, “China: An emerging destination for economic migration”, (May 31st 2011). Available at: http://www.migrationpolicy.org/article/china-emerging-destination-economic-migration  Accessed [June 14th  2017]

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