Formation of the foundations of ancient Chinese international law in the Zhou period

Abstract

This article is a comprehensive study of the formation and development of international law in ancient China. The article states that at the turn of the II and I millennia BC. The Zhou Empire pursued an active foreign policy, as a result of which certain customs began to emerge in this area. In the VII-VI centuries BC in China there were seven large state entities, as well as a significant number of small and smallest. The authors emphasize that by the middle of the first millennium BC relations were formed that were not just foreign policy, but international law. The practice of international negotiations was widespread, sometimes involving up to a dozen or more states. They can be considered the forerunners of international conferences.
 History has preserved to this day examples of treaties concluded between subjects of international law at the time. In general, the practice of ancient Chinese treaties was quite diverse: peace treaties of mutual assistance, treaties on territorial issues, especially neutralization of territories, non-damage to territories, especially rivers, agreements on collective retaliation and sanctions against violators, marriage contracts, export or import agreements. etc. In most cases, the treaties concluded between the ancient Chinese states did not have a single defined object, but covered several (sometimes up to ten) issues that needed legal settlement.
 Gradually, due to customary norms, the law of war was formed, although in practice in ancient China there were numerous deviations from the officially declared behavior - mass killings of prisoners, sale of captured people into slavery, sacrificing them to the gods. The authors conclude that on the one hand, in ancient China there are significant steps towards the development of international law. First of all, this manifested itself in the gradual formation at that time of the basis for the further formation of basic institutions of international law. On the other hand, it is not necessary to idealize the interstate relations of this era. After all, true international law is established on the basis of equality of states, respect for the citizens of other countries, and this was not to be expected in ancient times, especially after the unification of China by the first emperor of the Qin dynasty in 221 BC.