The Succession Of International Law In China:Practice And Contribution

After the Second World War,the world's pattern has undergone major changes.Many new countries and governments have emerged in the international community.The proper handling of related issues of state and government succession has become an important basis for promoting peaceful relations between nations.In 1949,the Central People's Government of the People's Republic of China overthrew the government of the Republic of China through revolutionary methods and effective controlled China.However,for more than 20 years,it has not been widely recognized by the international community.Even during this period of time,China's representative seats in the United Nations and other international organizations were still occupied by the government of the Republic of China,which resulting in the simultaneous existence of the two regimes in the mainland and Taiwan that have not yet been resolved.The reason for this situation is,of course,a profound source of international politics.However,from the perspective of international law,it is largely due to the confusion between the concepts and principles of state succession and government succession.This article starts with the concepts of state succession and government succession and related international practices,then discusses the criteria for differentiation between the two.From the point of view of whether the subject of international law has the sameness,the succession of China in 1949 should belong to the category of government succession.Because in this process,the international personality of China has not changed,and only the domestic government has changed.This article adopted the provisions of Article 38 of the Statute of the International Court of Justice on the origin of international law.Through the analysis and analysis of international practices concerning the succession of governments in history,it first affirmed the fact that the PRC government's has been generally recognized,although it suffered a long and complicated process.For the former government's rights and obligations,especially regarding the succession of treaties and debts,the PRC government has taken precedence and made a distinction.The approach to treatment is in line with the practice of international practice.Judging from the effectiveness of government succession,China's 1949 government succession has not yet been completed.The government of the Republic of China did not announce a defeat or demise,but instead achieved effective control over Taiwan's territory within China.For a long time,it still represented China on the international stage.This article considers from the perspective of history and analyzes the reasons of the particularity of the new Chinese government.It also analyzes the relevant theories and principles of the succession of international law,summarizes the views of authoritative experts and scholars,and find out the methods to solve the problems of the government succession.The special practices succession by the Chinese government have brought two principles,that is “adverse condition recognition” and “one country,two systems”.This article reviews the historical events that produced the two principles and the related successful cases.On the one hand,I will explore the role that these two principles play in resolving the particularity of the Chinese government succession.On the other hand,these two principles provide a new model for the succession theory of international law.The successful practices and contributions of China in the succession theory of international law also fully proved the possibility of the Chinese theory of international law.And to some extent,they are also the foundations for the birth of more Chinese theories in the future international law.