Formation of the Conception of International Law in Contemporary China

Abstract

The conception of international law is a psychological mapping of the mutual construction of the structure of international relations and the state of actors in international relations. It is the result of the combined effects of the international political structure, the international law situation and the actors’ own thoughts and actions. The conception of international law in contemporary China is reflected in the theoretical research and various practical aspects of international law in China, and ultimately forms psychological cognition and judgment. China’s attitude towards international law is respectful but estranged. This is a product of historical superposition. It is the result of the mutual construction of the state of international relations, the features of international law, and the specific environment and concrete issues China has faced since 1840. This conception is determined by the combination of the might of the great powers of the international law itself with the backward economic, political, and cultural environment of China’s modern history. This is not only related to the mainstream thinking of international law and international relations, but also to the encounter and interaction of China and international law, as well as to China’s own culture and psychology. Recalling the history of the development of politics, diplomacy, and culture in modern China, as well as the history of the development of international relations and international law, it is easy to understand that in the mutual construction of such actors and institutions, it is very difficult for China to form support and trust for international law. If expect to enhance China’s position in international law and the positive degree of China’s participation in international legislation, the supervision of international law implementation and international justice, then only on the basis of both parties’ improvement, can mutual positive feedback be formed. Therefore, it is necessary to improve the mentality about international law, by strengthening the accumulation of China’s international legal knowledge and increasing its own legal participation and application capabilities.