| Today, different attitudes of various nations towards international law, different forms of civilization, history, and tradition have been exerting themselves as never before on the development of international law. Accordingly, a comprehensive study of these attitudes and a profound exploration and identification of factors of decisive importance for the formation and development of these attitudes are indispensable to, and vitally important for, the future development of international law. The present study focuses on one country, namely, China. This study attempts to make as comprehensive and inquiry as possible and over an extensive time-scale into the Chinese attitude towards international law from a broad world order perspective.;This study consists of three parts, each covering different period of time. The first part describes the traditional Chinese world order, its operational aspect in the conduct of foreign relations, and its breakdown as a result of Western imperialistic invasion in the middle of the nineteenth century. Modern international law was introduced into China as a byproduct of Western imperialism. However, the Western powers never applied it to their relations with China, neither did the Chinese trust it in defending themselves against foreign invasion. The second part deals with the transformation of the Chinese perspective of world order and its impact on the Chinese attitude towards international law. It was the rise of Chinese nationalism around the beginning of this century and the founding of the Republic of China in 1911 that transformed the Chinese understanding of international law. Serious efforts were made to bring this body of foreign legal learning into full play in the nation-wide struggle to shake of the yoke of foreign domination and to win China a rightful place as a sovereign equal in the family of nations. The third part makes an inquiry into the international behavior of the People's Republic of China. In 1949, with the founding of the People's Republic of China, the Chinese state had, for the first time after a century of humiliation, became a fully sovereign and independent nation-state, standing on equal terms with all the states of the international community. With a revolutionary change in its world outlook, China has recognized the usefulness and necessity of international law in the conduct of international affairs. International law was no longer the privilege of the few. China no longer a passive on-looker, could henceforth participate in, and exert impact on, its formulation, application, and development. Yet, what has been achieved today is built on the painful experience of yesterday. This explains why the Chinese attitude towards international law is characterized by sovereignty-centered thinking. |
