New Discipline Education Campaign - Yellen's Visit - Wang Yi Meets FMs from Laos, Timor-Leste & Vietnam - $69 Bln S&T Relending Program - Making the Case for UNSC Resolution 2728 Being Legally Binding
Here are the key reports and articles that I found noteworthy from the People's Daily’s edition on Monday, April 08, 2024.
Page 1: The lead story on the page today is about the General Office’s notice on the new campaign on Party discipline education, which is being held from April to July. The notice says that this campaign aims to study and implement the newly-revised discipline inspection regulation (full breakdown of the regulation is here).
The report says:
The ‘Notice’ specifies that we must adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guide, focusing on solving problems such as Party members and cadres not paying attention to Party discipline, lacking understanding of it, and not mastering it. Organize Party members, especially leading Party members and cadres, to earnestly study the ‘Regulations,’ achieve learning of discipline, understanding of discipline, clarity about discipline, and adherence to discipline; have clear understanding of what the Party's disciplinary rules are, understand what can and cannot be done, imprint compliance with discipline in their hearts and internalize it as a code of conduct. Ensure that they further strengthen discipline consciousness, enhance self-restraint, improve immunity, strengthen political determination, discipline determination, moral determination, and determination to resist corruption, and always remain loyal, clean, and responsible.” 《通知》明确，要坚持以习近平新时代中国特色社会主义思想为指导，聚焦解决一些党员、干部对党规党纪不上心、不了解、不掌握等问题，组织党员特别是党员领导干部认真学习《条例》，做到学纪、知纪、明纪、守纪，搞清楚党的纪律规矩是什么，弄明白能干什么、不能干什么，把遵规守纪刻印在心，内化为言行准则，进一步强化纪律意识、加强自我约束、提高免疫能力，增强政治定力、纪律定力、道德定力、抵腐定力，始终做到忠诚干净担当.
The report adds that as per the notice, “discipline learning and education should be integrated into daily routines and grasped regularly.” There should be “a combination of individual self-study with centralized learning, focus on studying and discussing political discipline, organizational discipline, integrity discipline, mass discipline, work discipline, and personal life discipline … It is necessary to strengthen warning education, deeply analyze typical cases of disciplinary violations, focus on using one surroundings to educate people around them, so that Party members and cadres can be alert, understand the bottom line, and know to be in awe. Interpretation and training must be strengthened to deepen the understanding and application of the Regulations. In the 2024 democratic life meetings of the leadership teams at or above the county level and the organizational life meetings of grassroots Party organizations, the study and implementation of the ‘Regulations’ should be regarded as an important aspect of inspection and self-assessment.” 《通知》强调，党纪学习教育要注重融入日常、抓在经常。要原原本本学，坚持个人自学与集中学习相结合，紧扣党的政治纪律、组织纪律、廉洁纪律、群众纪律、工作纪律、生活纪律进行研讨，推动《条例》入脑入心。要加强警示教育，深刻剖析违纪典型案例，注重用身边事教育身边人，让党员、干部受警醒、明底线、知敬畏。要加强解读和培训，深化《条例》理解运用。2024年度县处级以上领导班子民主生活会和基层党组织组织生活会，要把学习贯彻《条例》情况作为对照检查的重要内容/
The final paragraph calls on Party committees (Party groups) at all levels to consider the “party discipline education as an important political task, carefully organize the implementation, and strengthen supervision and implementation.” It also calls to do a good job in propaganda and guidance, resolutely oppose formalism, and prevent ‘low-level red’ and ‘high-level black”.
The other key story is about the meeting between US Treasury Secretary Janet Yellen and Premier Li Qiang. Yellen has been in China since April 4. I’ll cover her other engagements below, but let me begin with the meeting with Li Qiang.
As per Xinhua, Li told Yellen that “it is hoped that the United States will abide by the basic norms of market economy including fair competition and open cooperation, refrain from turning economic and trade issues into political or security issues, and view the issue of production capacity objectively and dialectically from a market-oriented and global perspective … The development of China's new energy industry will make important contributions to the global green and low-carbon transition, Li added. Noting that the China-U.S. relationship is beginning to stabilize under the strategic guidance of the two heads of state, Li said that China hopes the two countries will be partners rather than adversaries, with mutual respect, peaceful coexistence and win-win cooperation. It is hoped that the U.S. side will work with China to continue implementing the important consensus reached by the two heads of state, and translate the San Francisco vision into reality, he said. As the world's two largest economies, China and the United States have deeply intertwined economic interests, Li said, adding that strengthening economic and trade cooperation is of great significance to each other's development and global economic growth. He said the two sides should strengthen communication to jointly find ways to manage and resolve differences, so as to make China-U.S. economic and trade cooperation stable, smooth and efficient, create more benefits for the enterprises and people of the two countries, and contribute to the world's economic development and improvement of people's livelihoods. China is willing to strengthen policy coordination with the United States on climate change and other issues to jointly address global challenges, he added.”
Let’s now turn back to Yellen’s earlier meetings. First, in Guangzhou, she held a roundtable discussion with representatives from the American, European, and Japanese business communities and other experts to discuss business conditions in certain industries in China.
Ahead of her official meetings, Yellen said that during this trip, “I will stress that a healthy economic relationship can bring significant benefits for both our economies. As Vice Premier He and I agreed in November, we are committed to working toward this objective. At the same time, I’ve also emphasized that building a healthy economic relationship requires a level playing field for American workers and firms, as well as open and direct communication on areas where we disagree. This includes the issue of China’s industrial overcapacity, which the United States and other countries are concerned can cause global spillovers.”
In her meeting with Guangdong Governor Wang Weizhong, she talked about not wanting to decouple the two economies and “expressed growing international concerns about overcapacity in certain Chinese industries”.
In her remarks at the American Chamber of Commerce Event in Guangzhou, Yellen said that:
“One year ago, I laid out our Administration’s approach to China, outlining three key objectives. The United States will pursue a healthy economic relationship with China. We will seek to cooperate with China on global challenges. And we will deploy our economic tools when needed and in a narrowly targeted manner to protect our national security and that of our allies, as well as human rights. President Biden and I firmly reject the idea that the United States should decouple from China. A full economic separation is neither practical nor desirable, as both the U.S. and China have affirmed in public statements following our high-level bilateral meetings…Put simply, the U.S.-China bilateral economic relationship is among the most important in the world. Responsibly managing it is essential.”
“One of my key priorities has been to establish resilient communication channels between the U.S. and China—which I’ve done through engagements with my counterparts at home and in China. We launched and held regular meetings of the Economic and Financial Working Groups, bringing together policy teams from both our countries to discuss key aspects of our relationship, from monitoring economic and financial risks to identifying and pursuing areas of potential cooperation. For areas where we disagree, communication helps prevent misunderstanding from leading to unintended escalation and allows us to frankly convey concerns.”
In terms of concerns, she mentioned “unfair treatment” of American firms and “unfair practices”; she also mentioned overcapacity, and the issue of “direct and indirect government support” in this regard. She added: “I understand these policies may be driven by domestic development objectives. But overcapacity can lead to large volumes of exports at depressed prices. This can undercut the business of American firms and workers, as well as of firms around the world, including in India and Mexico. And it can lead to overconcentration of supply chains, posing a risk to global economic resilience. This will be a key topic in discussions with counterparts in the coming days.”
Next, Yellen met with Vice Premier He Lifeng over two days. The American readout says that they had “frank and productive discussions”. They announced “two significant new initiatives”.
“Exchange on Balanced Growth in the Domestic and Global Economies: Co-led by the U.S. Department of the Treasury and China’s Ministry of Finance under the framework of the Economic Working Group, the United States and China have agreed to hold intensive exchanges on balanced growth in the domestic and global economies. In these discussions, the two sides will discuss more balanced economic growth and its importance to the world economy, including issues like domestic demand, investment policies, aging populations, fiscal issues, and related policies.
Joint Treasury-PBOC Cooperation and Exchange on Anti-Money Laundering: The U.S. Department of the Treasury and the People’s Bank of China have agreed to start an exchange under the framework of the Financial Working Group to cooperate on our shared priority of combatting money laundering in our respective financial systems. This exchange will enable economic officials and experts from the U.S. and China to regularly share best practices and updates about our efforts to combat illicit finance, including efforts to close gaps in the U.S. and Chinese financial regulatory systems. This effort will help close off financing avenues for criminal organizations, including drug traffickers, human traffickers, and fraudsters. The first such exchange will be held in the coming weeks during the fourth Financial Working Group meeting.”
The readout adds: “In addition, the U.S. and China agreed to continue holding technical exchanges on financial issues, including upcoming ones on operational resilience in the financial services sector and on financial stability implications from the insurance sector.” It also mentions the overcapacity issue and discussions on national security.
“Secretary Yellen emphasized that companies, including those in the PRC, must not provide material support for Russia’s war against Ukraine, including support to the Russian defense industrial base, and the significant consequences if they do so. She underscored that U.S. national security actions in the economic sphere are predicated on clearly defined national security concerns, narrowly scoped, and transparently implemented. She also underscored that the United States is not seeking to decouple from China.”
The Chinese readout was rather brief. It said that “the two sides had candid, pragmatic and constructive discussions on the macroeconomic situation of the two countries and the world, the economic relationship between China and the United States, and global challenges. The two sides agreed to discuss issues such as balanced growth of the United States, China and the global economy, financial stability, sustainable finance, and cooperation in countering money-laundering under the China-U.S. economic and financial working group. The Chinese side expressed grave concern over U.S. economic and trade measures restricting China and responded fully to the issue of production capacity. Both sides agreed to continue to maintain communication.”
On the bit with regard to Russia, do check out this Bloomberg report, which says that:
“The US is warning allies that China has stepped up its support for Russia, including by providing geospatial intelligence, to help Moscow in its war against Ukraine. Amid signs of continued military integration between the two nations, China has provided Russia with satellite imagery for military purposes, as well as microelectronics and machine tools for tanks, according to people familiar with the matter. China’s support also includes optics, propellants to be used in missiles and increased space cooperation, one of the people said. President Joe Biden raised concerns with Xi Jinping during their call this week about China’s support for the Russian defense industrial base, including machine tools, optics, nitrocellulose, microelectronics, and turbojet engines, White House National Security Council spokesperson Adrienne Watson said…China’s support for Russia has deepened in recent months, said the people, who spoke on condition of anonymity to discuss private matters. Secretary of State Antony Blinken briefed European allies this week on the scope and significance of China’s support and on the need to do more to curtail it, one of the people said. Blinken asked allies to raise the problem directly with China and to take actions against Chinese entities and companies, another person familiar with the discussions said.”
Page 3: There’s a report informing the Russian Foreign Minister Sergey Lavrov will be visiting China starting today.
Another report informs that China and Thailand will be cooperating in space. It says that China National Space Administration and the Ministry of Higher Education, Science, Research and Innovation of Thailand have signed the two MoUs. Xinhua reports:
“China's Chang'e-7 lunar exploration mission, to be launched around 2026, will have onboard a Thailand-developed global space weather monitoring device, which is designed to observe cosmic radiation and space weather from the lunar perspective. It will be the first time that a scientific instrument from Thailand has entered deep space from Earth orbit. China's Chang'e-8 mission, to be launched around 2028, provides a payload capacity of 200 kg for international cooperation, and multiple applications from Thailand for lunar surface operation robots and scientific payloads are currently under selection…China and Thailand will strengthen cooperation in the fields of space exploration, space application and space capacity building, by implementing joint space projects, scientific exchange programs and personnel training programs, exchanging data and information, among other forms of collaboration, according to the MoUs.”
Third, there’s an article by China’s Ambassador to Montenegro. Fan Kun writes that China and Montenegro “have a profound traditional friendship and are true and sincere good friends. Although the two countries are far apart and have different systems, they have always respected and trusted each other and treated each other as equals.”
Fan then details cooperation under BRI. “In 2017, China and Montenegro signed a government-level Memorandum of Understanding on cooperation within the framework of the Belt and Road Initiative. In July 2022, the priority section of the North-South Highway in Montenegro, constructed by Chinese enterprises, was officially opened to traffic. To date, over 3.7 million vehicles have traveled on this road, making it a true path of safety, development, prosperity, and friendship…The Tivat-Budva highway construction and expansion project undertaken by Chinese enterprises will further unleash the potential of Montenegro's tourism industry. Montenegro leads the Environmental Cooperation Mechanism among China and Central and Eastern European countries. Projects such as the Možura Wind Farm and the first phase of the Pljevlja Thermal Power Plant, in which Chinese enterprises are involved, have put Montenegro at the forefront of clean energy development and traditional energy transformation among Central and Eastern European countries, aiding Montenegro in its continuous efforts towards building an ecologically sound country.” 2017年，中国与黑山签署政府间“一带一路”合作谅解备忘录。2022年7月，中企承建的黑山南北高速公路优先段正式通车，迄今已有370多万辆车通行，是一条名副其实的安全之路、发展之路、繁荣之路和友谊之路。黑山时任总理阿巴佐维奇称赞这条高速公路“为黑山人民的未来开辟新前景”。中企承建的蒂瓦特至布德瓦公路改扩建项目将进一步释放黑山旅游业潜能。黑山是中国—中东欧国家环保合作机制牵头国。中企参与的莫祖拉风电站、普列夫利亚热电站一期生态改造等项目让黑山在清洁能源开发和传统能源转型方面走在了中东欧国家前列，助力黑山持续推进生态国家建设.
Moving on, I am covering reports on Wang Yi’s meetings with counterparts from Laos, Timor-Leste and Vietnam in Guangxi.
First, the Chinese readout on Wang’s meeting with Vietnamese Foreign Minister Bui Thanh Son says:
“Wang Yi said, the two sides should focus on the overall goal of ‘greater political mutual trust, more solid security cooperation, deeper mutually beneficial cooperation, stronger popular support, closer multilateral coordination and better handling of differences’ and jointly advance cooperation in various fields. The two sides should strengthen high-level strategic communication, accelerate the synergy of development strategies, and continue to expand cooperation in economy, trade and investment, digital economy, green development, new energy, key minerals, and other aspects. The two sides should strengthen people-to-people and cultural exchanges to consolidate public support and deepen China-Viet Nam friendship. The two sides should jointly safeguard international fairness and justice, practice true multilateralism, and continue to support each other on issues of major interest to each other. The two sides should properly manage differences, speed up maritime cooperation and consultations on a Code of Conduct (COC) in the South China Sea, and resolve differences through win-win cooperation. Wang Yi stressed the need to be wary of stoking bloc confrontation in the region, building various "small circles", and undermining regional peace and stability.”
The Vietnamese foreign minister reportedly said that “Viet Nam-China relations are developing in an all-round, extensive and in-depth manner. Viet Nam always regards China as the top priority and strategic choice of Viet Nam's foreign policy, and is willing to maintain close coordination with China, plan high-level exchanges, strengthen inter-party exchanges, advance connectivity, promote economy, trade and investment, deepen sub-national cooperation, actively promote Viet Nam-China friendship, build a Viet Nam-China community with a shared future that carries strategic significance, and bring more benefits to the two peoples. Viet Nam adheres to the one-China policy, firmly supports China's position on the Taiwan question and issues related to Xinjiang and Xizang, opposes the use of human rights and democracy to interfere in other countries' internal affairs, and will strengthen multilateral coordination with China to safeguard common interests. Viet Nam is ready to work with China to implement the high-level common understandings between the two countries, properly manage differences, actively promote maritime cooperation and consultations on the COC in the South China Sea, and safeguard peace and stability in the South China Sea.”
Second, the readout on Wang’s meeting with the FM of Timor-Leste has Wang stating that in September, “China and Timor-Leste elevated their ties to a comprehensive strategic partnership last September in a historic leap forward in bilateral relations. China is willing to continue to be a trustworthy friend and reliable partner of the Timorese people, firmly support Timor-Leste in taking a development path that is in line with its national conditions, and play a greater role in international and regional affairs.”
“Wang Yi said that China will always be a member of the developing world, and China's development will provide support and opportunities for vast developing countries, including Timor-Leste. China is willing to leverage its own advantages and, based on the needs of Timor-Leste, focus on the four major areas of industrial revitalization, infrastructure development, food self-sufficiency, and improvement of people's livelihoods, as determined by the leaders of the two countries, to create more practical cooperation highlights. Both sides can deeply integrate development strategies within the framework of the Belt and Road Initiative and expand cooperation areas. China is willing to establish an agricultural cooperation working group with Timor-Leste, deepen local exchanges, participate in Timor-Leste’s infrastructure construction, expand personnel exchanges, and enhance cooperation in culture, education, vocational training, tourism, sports, and other fields. China supports Timor-Leste's formal accession to the ASEAN family at an early date and is willing to provide assistance to the Alliance of Small Island States through GDI.” 王毅说，中国永远是发展中国家的一员，中国的发展将为包括东帝汶在内的广大发展中国家提供支持、带来机遇。中方愿发挥自身优势并根据东方需求，着眼两国领导人确定的产业振兴、基建发展、粮食自给、民生改善四大领域，打造更多务实合作亮点。双方可在“一带一路”框架下，深度对接发展战略，拓展合作领域。中方愿同东方成立农业合作工作组，深化地方交流，参与东基础设施建设，扩大人员往来，密切文化、教育、职业培训、旅游、体育等领域合作。中方支持东帝汶早日正式加入东盟大家庭，愿通过全球发展倡议为脆弱国家联盟提供帮助.
Bendito dos Santos Freitas reportedly said that “Timor-Leste upholds the one-China principle firmly and is committed to strengthening friendly cooperation with China. He added that Timor-Leste sincerely thanks the Chinese government and people for their selfless support of Timor-Leste's efforts to achieve national independence, economic and social development, and to maintain national stability. Timor-Leste looks forward to working with China to enhance high-level exchanges and promote the implementation of more projects under the framework of the Belt and Road Initiative, with the aim of achieving the greater development of the comprehensive strategic partnership between the two countries.”
Finally, Wang’s meeting with Laos Foreign Minister Saleumxay Kommasith. A couple of interesting points from the Chinese readout:
Wang called on both sides to focus on long-term development, further facilitate port customs clearance, and accelerate regional connectivity. He also called to work together to combat cross-border crimes and resolutely curb gambling, electronic fraud and other illegal activities.
Wang said that China will actively support Laos in hosting a series of leaders' meetings on East Asia cooperation, work with other parties to promote regional economic integration that benefits all and is inclusive, and build East Asia into a model for a new round of economic globalization.
China will advance the cultivation of new quality productive forces in the region to promote high-quality development and the modernization process of Asia. China will promote cultural exchanges and cooperation to inject new energy into the construction of the China-ASEAN Community of Shared Future. China will promote the construction of a peaceful and secure line of defense to create a peaceful and stable environment for regional development. It is essential to uphold ASEAN centrality, adhere to the ‘ASEAN Way’ in promoting regional cooperation, eliminate interference, properly handle hot-spot issues, ensure the successful conclusion of the leaders' meeting and achieve positive outcomes in East Asia cooperation.”
王毅表示，中方将积极支持老方办好东亚合作领导人系列会议，与各方共同推进普惠包容的区域经济一体化，把东亚打造为新一轮经济全球化的样板；推进培育地区新质生产力，以高质量发展推动亚洲现代化进程；推进人文交流合作，为中国东盟命运共同体建设增添新动能；推进构筑和平安全防线，为地区发展营造和平安宁环境。要维护东盟中心地位，坚持以“东盟方式”推进区域合作，排除干扰，妥善处理热点问题，确保领导人会议取得圆满成功，东亚合作取得积极成果.
They also discussed the South China Sea.
While we are on the subject, 6 warships and 4 aircraft from Australia, Japan, the Philippines, and the United States conducted a joint patrol in the South China Sea on Sunday. USNI News says that “officially dubbed the Australia – Japan – Philippines – United States Maritime Cooperative Activity, these joint patrols began last November in response to violent incidents between Manila and Beijing in the South China Sea, particularly around Scarborough Shoal and the resupply missions to BRP Sierra Madre (LT-57) at Second Thomas Shoal…Sunday’s joint patrol not only marks the first combined multinational patrol but also the first time Japanese vessels and aircraft participated. Tokyo and Manila have expanded their defense ties over the last year, most notably through trilateral exchanges with the U.S. and the provision of naval radars to the Philippine Navy via Japan’s new military aid program. According to the Financial Times, the Philippines, Japan, and the U.S. are expected to strengthen their security cooperation during this week’s trilateral summit in Washington.”
Meanwhile, China conducted military ‘combat patrols’ April 7 in the South China Sea. The Hindu reported: “Beijing's People's Liberation Army (PLA) Southern Theater Command said it was organising ‘joint naval and air combat patrols in the South China Sea’. ‘All military activities that mess up the situation in the South China Sea and create hotspots are under control,’ it said in a statement, in an apparent swipe at the other drills being held in the waters. Further details about the Chinese military activities in the waterway were not announced.”
Page 6: There’s a report informing that the PBoC on Sunday established a relending program for scientific and technological innovation and transformation, aiming to boost financial support for technology transformation and equipment renewal of SMEs in the high-tech sector. Global Times reports:
“The amount earmarked for the program is 500 billion yuan ($69 billion), with the yearly interest rate set at 1.75 percent, and the term of the relending lasts one year, according to a notice published by the PBC on Sunday. The funds will be issued to 21 financial institutions. After an evaluation of operational risks, the financial institutions can independently decide whether to grant loans and set the conditions for relending in accordance with the applications of the enterprises, the central bank said. The relending program will help guide financial institutions to provide credit support to high-tech SMEs in their growing stage, as well as their technological transformation using digital, intelligent, high-end and green technologies, and equipment renewal projects in key areas, under the premise of independent decision-making and risk-taking, the central bank said.”
“The targets for the relending facility are clear-cut, including sci-tech SMEs, as well as renewal projects in key areas of technological transformation and equipment, Yang Chang, chief analyst at Zhongtai Securities Research Institute, told the Global Times on Sunday. Yang noted that loan rates are more favorable under the new PBC special financing. The refinancing rate established is 1.75 percent, which is significantly lower than the latest offer of 3.45 percent for the one-year loan prime rate.”
Page 15: There is an article bylined Fu Zhu, discussing the significance of UN Security Council Resolution 2728, which demands an immediate ceasefire in Gaza for the month of Ramadan, leading to a lasting sustainable ceasefire. The author basically argues that the resolution is legally binding and that the US’ position that this is not the case does not stand the scrutiny of international law and practice.
“After repeatedly obstructing substantive actions by the Security Council, the United States finally decided not to use its veto power unilaterally. However, both the Permanent Representative of the United States to the United Nations and the spokesperson of the State Department stated that the resolution was not legally binding. They argued that the resolution did not impose mandatory sanctions like other UN resolutions, nor did it contain specific demands/requirements for the parties involved, stating that it lacked legally binding provisions and new demands/requirements for the parties involved. During the Security Council debate, the Permanent Representative of South Korea also questioned the legal binding force of the resolution, arguing that it did not refer to Chapter VII of the United Nations Charter or use the word ‘decide’, among other things. These statements were opposed by the spokesperson of the United Nations as well as by countries such as Russia, Malaysia, and Algeria. Decisions made by the Security Council in accordance with the UN Charter, including resolution 2728, are binding. When any country joins the UN, it promises to implement the decisions of the Security Council. This is an obligation under the Charter, and the United States, as a permanent member of the Security Council, should take the lead in abiding by it. The above fallacy of the United States is unfounded in law and simply untenable.” 在当天的投票中，包括中国在内的14个安理会成员对该决议草案投了赞成票，美国投了弃权票。美国在多次阻挠安理会采取实质行动后，终于做出了不再独家否决的决定。然而，美国常驻联合国代表及国务院发言人均称该决议没有法律约束力，并辩称该决议未如其他联合国决议施加强制性制裁、对当事方提出具体需执行的要求，“缺乏有法律约束力的条款和对当事方新的要求”。韩国常驻联合国代表在安理会辩论中也以决议未援引《联合国宪章》（以下简称《宪章》）第七章、未使用“决定（decide）”措辞等，质疑决议的法律约束力。有关言论即遭到联合国发言人以及俄罗斯、马来西亚、阿尔及利亚等国反对。安理会根据《宪章》作出的决定，包括第2728号决议都是具有约束力的。每个国家在加入联合国时都承诺执行安理会的决定，这是《宪章》义务，美国作为安理会常任理事国更应该带头遵守。美方上述谬论于法无据，根本站不住脚.
To make this case, the author makes three points.
First, “the ‘decisions’ of the Security Council involving international peace and security are legally binding, and are not limited to ‘decisions’ on enforcement actions made invoking Chapter VII of the Charter. Specifically, whether a Security Council resolution is legally binding depends on whether its content is a ‘decision’ made in accordance with Article 25 of the Charter. According to Article 25 of the Charter, ‘Members of the United Nations agree to accept and implement the decisions of the Security Council in accordance with the provisions of the Charter.’ At the same time, when a member state's obligations under the Charter, including obligations under Security Council resolutions, conflict with obligations under other international agreements, the obligations under the Charter take precedence.” 第一，安理会涉及国际和平与安全的“决定”均有法律约束力，不限于援引《宪章》第七章所作的执行行动“决定”。具体而言，安理会的决议是否有法律约束力，取决于其内容是否系依据《宪章》第25条所作“决定”。根据《宪章》第25条，“联合国会员国同意依宪章之规定接受并履行安理会之决定（decisions）”。同时，当会员国在《宪章》下的义务包括安理会决议下的义务，与其他国际协定下的义务相冲突时，具有优先适用地位。
“According to international practice, Security Council resolutions are divided into legally binding ‘decisions’ as stipulated in Article 25 of the Charter and non-binding ‘recommendations’. The United States believes that decisions with binding force are limited to enforcement actions made under Articles 41 and 42 of Chapter VII of the Charter. However, this approach not only does not comply with the provisions of the Charter but also goes against international practice. Based on the provisions of the Charter, Article 24 of the Charter assigns the Security Council the primary responsibility for maintaining international peace and security and the relevant chapters of the Charter stipulate the specific powers of the Security Council in performing this responsibility. Accordingly, as long as the Security Council's ‘decisions' involve international peace and security, they are legally binding, including but not limited to decisions on enforcement actions made under Articles 41 and 42 of Chapter VII, as well as temporary measures decided under Article 40, and the ‘decisions’ on peacekeeping operations authorized by the Security Council developed in practice. 根据国际实践，安理会决议依其内容分为《宪章》第25条规定的有法律约束力的“决定”与无法律约束力的“建议”。对于第25条规定的有约束力的“决定”范围，美方却认为仅限于《宪章》第七章第41条、第42条所作的执行行动“决定”。美方此举，既不符合《宪章》规定，也有悖于国际实践。从《宪章》规定看，《宪章》第24条赋予安理会维持国际和平及安全的主要责任，并在《宪章》有关章节规定了安理会在履行此项职责方面的特定权力。据此，安理会只要涉及国际和平与安全的“决定”，均有法律约束力，包括但不限于援引《宪章》第七章第41条、第42条所作的执行行动“决定”，还包括根据第40条采取的临时办法“决定”，以及实践中发展出的经安理会授权的维和行动“决定”等.
The examples cited for this are the ICJ 1971 Advisory Opinion on Namibia and Security Council Resolution 1746 on the extension of the mandate of the United Nations Assistance Mission in Afghanistan and Resolution 1755 on the extension of the mandate of the United Nations Mission in Sudan. The author argues that these did not invoke Chapter VII of the Charter but were “accepted and implemented” with the legally binding nature of these not being questioned. 从国际实践看，1971年，国际法院在“纳米比亚咨询意见案”中指出，安理会依据《宪章》第25条所作的“决定”并不限于根据第七章采取的执行行动“决定”。安理会的实践也证明了这一点。例如，2007年安理会关于联合国阿富汗援助团任务期限延长的第1746号决议、关于联合国苏丹特派团任务期限延长的第1755号决议等均未援引《宪章》第七章，有关国家均接受并履行相关决议，上述决议的法律约束力未受质疑.
The second argument the author makes is that “whether a Security Council resolution uses the term ‘decide’ in its wording is not the sole criterion for determining its legal binding force. The United States claims that Resolution 2728 lacks wording indicating legal binding force. However, from the perspective of international practice, Security Council resolutions with legal binding force do not necessarily have to use the term ‘decide’.” 第二，安理会决议表述上是否使用“决定”措辞，并非判断其法律约束力的唯一标准。美方称第2728号决议缺乏有法律约束力的措辞，但从国际实践看，有法律约束力的安理会决议并不必须使用“决定”措辞.
The author again goes back to the Namibia example to argue that “even if no wording such as ‘decide’ is used, the relevant Security Council resolution is legally binding as long as it contains content that imposes obligations on relevant parties. As far as this resolution is concerned, although the Security Council cannot ‘decide’ for the parties to cease fire, it has clearly put forward ‘demands’ to all parties, so it cannot be denied that this is legally binding.” 即使未使用“决定”等措辞，只要其包含对相关方施加义务的内容，有关安理会决议也有法律约束力。就本决议而言，安理会虽无法“决定”各方停火，但向各方明确提出了“要求”，因此不能否定其具有法律约束力.
The third point that the author makes is that the “wording and specific content of resolution 2728 indicate that it is legally binding. The operative paragraph of the resolution puts forward four ‘demands’ 要求: First, it demands an immediate ceasefire in the Gaza during Ramadan to achieve a long-term and sustainable ceasefire; second, it demands the immediate and unconditional release of all detained persons; third, it demands that all parties to abide by the relevant obligations stipulated in international law; fourth, it demands the removal of all obstacles to the large-scale provision of humanitarian assistance to Gaza in accordance with international humanitarian law and relevant Security Council resolutions.” The above-mentioned ‘demands’ impose clear obligations on all parties to the conflict, including Israel, reflecting the legally binding nature of the resolution. The term ‘要求’ ‘demand’ in legal terms refers to ‘a strong demand that should not be refused’ and is frequently used in legally binding resolutions of the Security Council to create new obligations for the parties involved.” The example cited is “Resolution 1542, which established the United Nations Stabilization Mission in Haiti in 2004”. 第三，第2728号决议措辞和具体内容均表明其具有法律约束力。该决议执行段落提出四个“要求（demand）”：一是要求斋月期间在加沙地带立即停火，以实现长期、可持续的停火；二是要求立即无条件释放所有被扣押人员；三是要求各方恪守国际法规定的相关义务；四是要求根据国际人道法和安理会相关决议，清除向加沙地带大规模提供人道主义援助的一切障碍。上述“要求”为包括以色列在内的冲突各方施加了明确的义务，反映出决议的法律约束力。其中“要求”一词在法律上是指“不应被拒绝的强烈要求”，在有法律约束力的安理会决议中经常被使用，用于为有关方创设新的义务。例如，在2004年设立联合国海地稳定特派团的第1542号决议中，安理会“要求海地各方给予人道主义机构安全、无阻的准入，以便它们开展工作”，为海地创设了新的义务.
The author ends the article by arguing that the US’ claim that the resolution is not legally binding is “a hegemonic act that seriously violates international law”.