The Relation Between International Convention And China During The Late Qing Dynasty

Generally speaking, International Convention is signed in the international meetings after multi-country consultations. It can also be formulated by international organizations. The purpose of the International Convention is to direct and standardize the interrelations among the parties when the public interest is involved.Sometimes we called the International Convention as the treaty of creating law. The participation and employment of the International Conventions is a direct reflection of a country’s position and influence in the world. Starting from the Late Qing Dynasty Era,China began to participate in International Conventions,and promoted the modernization reforms in domestic legislation and systems. From this point onwards,China also began to assume international responsibilities.Since the mid-19th century, China mostly had been forcibly dragged into the international society by military powers under the stress of a way to sign unequal treaties.However,the International Convention was undoubtedly had opened up a relatively active and equal access to the international society for China.Studying on China’s participation in International Conventions in Late Qing Dynasty could not only enhance our understanding of modern China’s relations with the international community, but also could promote the research of the treaty relationships between China and foreign countries.Moreover it could help us to look into the modernization of China’s nation-building from another angle. Studying on the characteristics embodied in China’s accession to the International Convention of this period, summing up the gains and losses as well as the lessons of the China’s strategy could provide important reference to China’s international activities today.The dissertation is divided into three parts by introduction, main body and conclusion. Its aim is to explore the relationship between China and International Conventions in the period of the Late Qing Dynasty era.Preface focuses on the meaning of International Conventions and related theories,describes the significance of the topic and the status of the existing research on the topic. It also illustrates the features and innovation of the dissertation, outlines the sources of research material and explains research methods and ideas used in the dissertation.The main body of the dissertation comprises two parts and seven chapters.The first part, consisted of four chapters, reviewed the history of china’s participation in the International Conventions from the time of the Westernization Movement, through Sino-Japanese War of 1894-95, and to the New Deal period. Through the history analysis,the author tries to grasp the evolution courses and characteristics of the process. On this basis,this part also focuses on internal and external environment and conditions in China to inspect and investigate the causes of changes in each stage,revealing the Government and various sectors’ ideas on the problem.Combining with international law and from the legal relationship perspective on this period,this part explores relations between China and the International Conventions.The first chapter examines the macro background of China’s participation in International Conventions.The authors note that since the late 19th century, frequent international conferences held to be worked out a series of International Conventions.The new trend of international transactions provides a big stage for the countries to integrate themselves into the international community and to express themselves.At the same time, China’s handling of foreign relations also bear the mission of taking China from traditional to modern era.China’s relations with the international community has also experienced the process from refusal to accept,and then to take the initiative to enter the international community.This is an important basis and platforms for China to participate in international conferences as well as International Conventions.The second chapter examines Chinese early contacts with the International Conventions in the period of Westernization Movement.The author considered that China’s participation in international conferences during this period reflects the thrust of diplomatic contacts.After 1880s, China began to participate in some international meetings whose objective was to draft International Convention, and through participating in the International Convention for the Publication of Customs Tariffs, China gained the primary experiences.The third chapter examines Chinese actively participation in International Conventions after the Sino-Japanese War of 1894-95.The author pointed out that started from this period, Chinese think about their own position from a global perspective, and gradually generates the idea of integrating into the international community.Under the influence, China has not only accepted the Regulation for Preventing Collisions at Sea, but also participated in the large-scale meetings for the development of convention, and signed series of conventions raised in the first Hague conferences, which opened a new phase for China’s participating in International Conventions.The fourth chapters focus the expansion of the relationships between China and the International Convention during the New Deal of Late Qing Dynasty.Resuming a "civilized nation" status, China extensively participated in International Conventions on all sorts of types such as the peaceful settlement of disputes, the laws of war,agriculture and other. At the same time, China’s activities in this period also undertook the mission of creating an equal relationship between Chinese and foreign countries, and the mission of seeking great power status.The second part of the dissertation was divided into three chapters. From three sides—peaceful settlement of international disputes,the laws of war, communication—this part investigates on the adoption of the relevant provisions of the Convention before China participate the International Convention, and the promotion and implementation since the Convention entered into force. This part focuses on the Chinese invoke International Conventions,domestic advance relevant legislation,the introduction of related systems and international responsibility and in accordance with the rules of International Conventions to start contacts and negotiations,and to the gradual process of modernization in China.The fifth chapter discusses China’s practice of the convention for the peaceful settlement of international disputes.By analyzing the promotion and looking forward of Chinese on the arbitration treaty,the negotiation processes of the treaty and the Hague arbitration cases involving China and foreign countries,this part explores China’s demands for sovereignty and peace.The sixth chapter explores conventions relating to marine capture and neutralization,such as the Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of August 22,1864,Convention Concerning the Duty—Free Hospital Ship in War,Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed forces in the Field,Convention with Respect to the Laws and Customs of War on Land. This chapter describes China’s understanding and practice of the laws of war in the late 19th century.It explains the domestic promotion and introduction of supporting legislation on the Convention in the early 20th century.It also talked about the practice of the Qing government,on the Convention on the laws of war during the Russo-Japanese War. This chapter reveals the norms of China in the laws of war under the Convention, to comply with the rules of international humanitarian and civilized,and integrated into the international community in good faith.The seventh chapter discusses application of the conventions relating to communications, such as Regulation for Preventing Collisions at Sea, Convention of Universal Postal Union, International Telegraph Convention.The author attempts to grasp the processes of China’s integration with the world by exploring how Late Qing Dynasty fulfill the treaty obligations, adjust domestic legislation and participate international activities.Conclusion further revealed the general process and characteristics of China’s participation in the International Conventions in Later Qing Dynasty.It also explores the relationship between the International Conventions and unequal treaties,and the relationship between Chinese participation in the international treaties and integration into international societies.Finally,the author summarizes the revelations of this period of history on the contemporary China’s participation in International Conventions,as well as strengthening international cooperation and advancing the modernization of China in various fields in China.