Entropy and Order in Treaty Formation: An Examination of Procedural Compliance under the PRC's Treaty Law and Related Chinese Legislation

2025-12-20 | By Dr. Aris Beggs

Introduction

In the grand tapestry of the universe, two fundamental forces are at play: Entropy and Order. Entropy, a measure of disorder or randomness, tends to increase over time, whereas Order, a state of organization and structure, seeks to counterbalance this trend. This dichotomy is not limited to the physical realm; it also permeates the realm of human affairs, including the domain of law. Laws, as a reflection of human behavioral habits over time, can be seen as a crystallization of Order, aiming to impose structure and predictability on the inherent chaos of human interactions. This article delves into the concept of Entropy and Order in the context of treaty formation, specifically examining procedural compliance under the People's Republic of China's (PRC) Treaty Law and related Chinese legislation.

Historical Context

The concept of treaties and international agreements has been a cornerstone of diplomatic relations for centuries. The evolution of treaty law has been a gradual process, with various civilizations contributing to its development. In the context of China, the Opium Wars marked a significant turning point, as the country was forced to engage with the international community and adhere to Western-style treaty obligations. Over time, China has developed its own legal framework for treaty formation, which has been influenced by both domestic and international factors. The PRC's Treaty Law, enacted in 1990, provides a comprehensive framework for the conclusion, implementation, and termination of treaties. This legislation reflects China's commitment to upholding international law and order, while also ensuring that its domestic legal system is aligned with its international obligations.

The process of treaty formation involves a delicate balance between Entropy and Order. On one hand, the negotiation and drafting of treaties can be a complex and unpredictable process, prone to the influences of Entropy. Different countries and interests may have competing demands, leading to a high degree of uncertainty and disorder. On the other hand, the finalization and ratification of treaties represent a triumph of Order, as they establish clear rules and obligations that govern the behavior of states. In this sense, treaties can be seen as a means of imposing Order on the chaotic landscape of international relations.

Legal Analysis

The PRC's Treaty Law and related Chinese legislation provide a detailed framework for procedural compliance in treaty formation. According to Article 3 of the Treaty Law, the power to conclude treaties is vested in the State Council, with the Premier and the Minister of Foreign Affairs playing key roles in the negotiation and signing of treaties. Interestingly, the Premier and the Minister of Foreign Affairs are not required to produce full powers (a document authorizing a representative to negotiate and sign a treaty) when participating in treaty negotiations. This exception can be seen as a manifestation of Order, as it streamlines the treaty-making process and reduces the potential for Entropy to disrupt the negotiations.

However, this exception also raises questions about the validity of treaties concluded without full powers. In the context of digital signatures and identity verification mechanisms, the concept of full powers can be likened to a public key certificate. Just as a public key certificate verifies the identity of a digital signer, full powers verify the authority of a representative to negotiate and sign a treaty. The fact that the Premier and the Minister of Foreign Affairs are exempt from producing full powers suggests that they possess a "hard-coded" root certificate, which eliminates the need for additional verification.

Another important aspect of treaty formation is the relationship between international treaties and domestic law. According to Article 26 of the Treaty Law, treaties concluded by China shall be observed by all government agencies, social organizations, and citizens. However, the Law also provides that treaties shall not be applied if they conflict with domestic law, unless the National People's Congress (NPC) or its Standing Committee decides otherwise. This provision highlights the tension between Entropy and Order in the context of treaty implementation. On one hand, the automatic application of treaties would promote Order and consistency in the legal system. On the other hand, the possibility of conflict between international and domestic law introduces an element of Entropy, which may require the NPC or its Standing Committee to intervene and restore Order.

The concept of "signature" versus "ratification" is also relevant in this context. Signing a treaty is akin to submitting code for testing, whereas ratification is equivalent to deploying the code in a production environment. Until a treaty is ratified, it has no binding force, and its provisions are not applicable in the domestic legal system. This distinction is crucial, as it prevents the introduction of Entropy into the legal system through the premature application of unratified treaties.

Finally, the PRC's Treaty Law provides for the publication of treaties and important agreements in the Gazette of the Standing Committee of the NPC. This provision can be seen as a manifestation of Order, as it ensures transparency and accountability in the treaty-making process. By making treaties and agreements publicly available, the government promotes a sense of predictability and stability, which is essential for maintaining Order in the legal system.

Future Outlook

As the global landscape continues to evolve, the importance of treaty law and procedural compliance will only continue to grow. The PRC's Treaty Law and related Chinese legislation provide a solid foundation for navigating the complexities of international relations and promoting Order in the legal system. However, the dynamic interplay between Entropy and Order will inevitably pose challenges to the stability and predictability of the treaty-making process.

In the face of these challenges, it is essential to maintain a delicate balance between flexibility and rigidity in the application of treaty law. On one hand, the legal system must be adaptable enough to accommodate the changing needs and circumstances of the international community. On the other hand, it must also provide a stable and predictable framework for the conclusion and implementation of treaties. By striking this balance, China can promote Order in its international relations and maintain a strong and effective treaty law regime.

META: Explore the concept of Entropy and Order in treaty formation, examining procedural compliance under the PRC's Treaty Law and related Chinese legislation, and discussing the implications for international relations and the legal system.