GOVERNANCE-BASED INSTITUTIONAL REALISATION: SILENT COMPLIANCE IN CHINA’S SOUTHWEST BORDERLANDS

Authors

  • Yu Ding † Yunnan Minzu University, Kunming 650504, Yunnan, China.
  • Lei Niu † (Corresponding Author) Southwest Forestry University, Kunming 650224, Yunnan, China.

† These authors contributed equally to this work.

Keywords:

Governance-based institutional realisation, Silent compliance, ICESCR, Border governance, Socioeconomic well-being, Transboundary communities

Abstract

This article develops an institutional account of how internationally recognised social, cultural and socioeconomic interests acquire practical effect through domestic governance in China’s southwest borderlands. It identifies governance-based institutional realisation as the production of normatively relevant conditions through domestically generated programmes and administrative institutions rather than individualised legal claims. Silent compliance is narrower: independently established domestic performance satisfies the applicable legal qualifiers of a specified component of a binding international obligation without explicit attribution to that obligation. Yunnan’s border-village programme illustrates the distributive capacity of developmental governance and its contribution to socioeconomic well-being, while documentary status, administrative inclusion and non-discrimination expose limits that aggregate indicators cannot capture. A dual-track model therefore distinguishes scalable public provision from the individualised legal visibility supplied by entitlement-based institutions. Comparison of the China–Vietnam, China–Myanmar and China–Laos borders further shows that cross-border social interests depend on counterpart administrative capacity and bilateral institutional operability. The analysis links treaty performance, borderland governance and regional institutional variation without treating explicit treaty discourse as its necessary starting point.

References

[1] General Office of the Yunnan Provincial Party Committee, General Office of the Yunnan Provincial Government. Plan for building modern border well-off villages in Yunnan Province (2021-2025), 2021.

[2] Yunnan Provincial Ethnic and Religious Affairs Commission. From happiness to greater happiness: A review of Yunnan’s modern border happiness villages, 2024.

[3] United Nations. ICESCR. 993 UNTS 3, 1966.

[4] Chayes A, Chayes A H. On compliance. International Organization, 1993, 47(2): 175-205.

[5] Guzman A T. How international law works: A rational choice theory. Oxford University Press, 2008.

[6] Lipsky M. Street-level bureaucracy: Dilemmas of the individual in public services. Russell Sage Foundation, 1980.

[7] Behn R D. Why measure performance? Different purposes require different measures. Public Administration Review, 2003, 63(5): 586-606.

[8] CESCR. General Comment No. 3: The nature of States parties’ obligations. UN Doc. E/1991/23, 1990.

[9] CESCR. General Comment No. 20. UN Doc. E/C.12/GC/20, 2009.

[10] United Nations. ICCPR. 999 UNTS 171, 1966.

[11] United Nations General Assembly. UN Minority Declaration. GA Res. 47/135, UN Doc. A/RES/47/135, 1992.

[12] Committee on the Elimination of Racial Discrimination. Concluding observations on the combined fourteenth to seventeenth periodic reports of China. UN Doc. CERD/C/CHN/CO/14-17, 2018.

[13] United Nations. CRC. 1577 UNTS 3, 1989.

[14] Zhong X. Making belonging at the margins: Borderland citizenship among Myanmar brides in southwest China. Citizenship Studies, 2025, 29(5): 337-353.

[15] Standing Committee of the National People’s Congress. Compulsory Education Law of the People’s Republic of China, 2006 (as amended).

[16] Song L. Refugees or border residents from Myanmar? The status of displaced ethnic Kachins and Kokangs in Yunnan Province, China. International Journal of Refugee Law, 2017, 29(3): 466-487. DOI: 10.1093/ijrl/eex031.

[17] Song L. Chinese refugee law and policy. Cambridge University Press, 2020.

[18] United Nations. Convention relating to the Status of Refugees. 189 UNTS 137, 1951.

[19] United Nations. Protocol relating to the Status of Refugees. 606 UNTS 267, 1967.

[20] National Ethnic Affairs Commission. Official materials on Yunnan’s modern border happiness villages and programme consolidation, 2023-2026.

[21] Yunnan Provincial Ethnic and Religious Affairs Commission. Press conference on completion of the 14th Five-Year Plan, 2025.

[22] National People’s Congress. Constitution of the People’s Republic of China, as amended in 2018.

[23] Standing Committee of the National People’s Congress. Law of the People’s Republic of China on Regional Ethnic Autonomy, 1984/2001.

[24] Standing Committee of the National People’s Congress. Education Law of the People’s Republic of China, 1995 (as amended).

[25] National People’s Congress. Law of the People’s Republic of China on Promoting Ethnic Unity and Progress. Adopted 12 March 2026; effective 1 July 2026.

[26] United Nations Special Procedures. Joint communication concerning the Law on Promoting Ethnic Unity and Progress. OL CHN 5/2026, 16 April 2026.

[27] People’s Republic of China, Socialist Republic of Viet Nam. Treaty on the Land Boundary. Signed 30 December 1999; entered into force 6 July 2000.

[28] Government of the People’s Republic of China, Government of the Socialist Republic of Viet Nam. Agreement on the Management Regime of the China-Vietnam Land Border. Signed 18 November 2009; entered into force 14 July 2010.

[29] Government of the People’s Republic of China, Government of the Union of Myanmar. Agreement on China-Myanmar Border Management and Cooperation. Signed 25 March 1997; entered into force 29 September 1997.

[30] People’s Republic of China, Union of Burma. Boundary Treaty. Signed 1 October 1960; entered into force 4 January 1961.

[31] People’s Republic of China, Lao People’s Democratic Republic. Boundary Treaty. Signed 24 October 1991; entered into force 21 January 1992.

[32] Government of the People’s Republic of China, Government of the Lao People’s Democratic Republic. Agreement on the China-Laos Border Management Regime. Signed 23 August 2011.

[33] Government of the People’s Republic of China, Government of the Lao People’s Democratic Republic. Common General Plan for Construction of the China-Laos Mohan-Boten Economic Cooperation Zone, 2015.

[34] Government of the People’s Republic of China, Government of the Lao People’s Democratic Republic. Joint development planning framework for the China-Laos Mohan-Boten Economic Cooperation Zone, 2016.

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Published

2026-09-23

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Section

Research Article

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How to Cite

Yu Ding, Lei Niu. Governance-Based Institutional Realisation: Silent Compliance In China’s Southwest Borderlands. Social Science and Management. 2026, 3(4): 77-86. DOI: https://doi.org/10.61784/ssm3098.