An analytical framework for international rulemaking power in planetary utilization : the examples of China and the United States

Abstract

In the forthcoming years, the competition between the United States and China is anticipated to encompass the realm of international rulemaking concerning planetary utilization. Within this contest for international rulemaking, the role of power is an integral factor that demands attention. Thus, it is imperative to analyze how these two spacefaring nations exercise power to exert influence in international rulemaking. Previous research, however, has rarely discussed international rulemaking from the power perspective. To fill the research gap, this paper proposes an analytical framework for international rulemaking power, using China and the United States as case studies to assess their individual capabilities in developing international rules concerning planetary utilization. The framework, grounded in the research of international relations and international law, centralizes on the concept of international rulemaking power. Derived from the definition of power in previous literature, this concept refers to a nation’s capability to formulate new international rules according to its preferences. The framework comprises two components: firstly, identifying and analyzing international rules favored by states from the perspective of both form and substance; secondly, employing an enhanced power measurement method to measure and compare the international rulemaking power of various states. The initial component of the framework draws upon references and critiques of doctrines such as institutional design theory, suggesting that states may choose from sixteen choices of form and eighteen choices of substance during the international rulemaking process to determine their preferred new international rules. The selection of these choices is not arbitrary and must adhere to specific criteria. The latter component of the framework employs the resource approach in the power measurement method to evaluate and compare countries’ international rulemaking power. The framework refines the resource approach, which primarily assesses states’ overall power, allowing it to measure states’ power within the domain of international rulemaking. Utilizing the enhanced approach, this paper compares the international rulemaking power of China and the United States in the field of planetary utilization. The magnitude and characteristics of power resources significantly impact international rulemaking. Both components of the framework serve analytical and guiding functions, proving valuable not only for examining states’ historical utilization of international rulemaking power but also for directing their future application of such power. Subsequent to introducing the framework, this paper employs it to analyze two cases, the United States and China. On one hand, the paper utilizes the framework’s analytical function to scrutinize how the United States exercised international rulemaking power during the development of the Artemis Accords. On the other hand, the paper employs the framework’s guidance function to offer direction on how China should appropriately exercise international rulemaking power in planetary utilization in the future. After analyzing these two cases, the paper finds that U.S.-China collaboration in international rulemaking on planetary use is feasible and presents targeted recommendations based on the framework to facilitate cooperation. This research bears both theoretical and practical implications. It contributes to filling the research gap on power and international rulemaking while also guiding practical applications in international rulemaking.