With the convening of the Third Plenary Session of the 18th CPC Central Committee, the eyes of the world have focused on China once again. From the perspective of the outside world, it is easy to see that China has attained many achievements since the 18th CPC National Congress, including seeking common security through projects of dialogue and cooperation, promoting common prosperity through regional economic integration, and redefining its bilateral relations and preparing for its future through the formulation of legal documents. Research on international law with Chinese characteristics has been playing an increasingly significant role within this process of reform.

Making China’s voice heard in international law 

With China’s influence on international society increasing, Chinese scholars of international law have been continuously accumulating academic experience and lessons through related practices, so as to preliminarily form their own theories. They have been closely focusing on the environment and the problems of international law, while at the same time drawing from Chinese culture,    so as to form a Chinese interpretation of research on international law.

During the more than 60 years since the founding of the People’s Republic of China, Chinese scholars have been striving to explore the theory, methodology and practice of international law with Chinese characteristics. In order however to express positions and views on certain issues related   to core national interests, it is necessary to cultivate a number of jurists who can engage in the    formulation of international rules, so as to push the international order to move in a fairer and more reasonable direction. It has therefore become urgent for scholars to establish a modern legal system with Chinese characteristics and a Chinese style.

Middle-aged scholars of international law are coming to the fore 

Although the main task facing Chinese academics is still to overcome the dominance of the West in the field of international law, the generation of middle-aged Chinese scholars of this field is now showing promising signs of achievement.

This trend is first of all reflected in the expanding visions within the study of international law in China. Wang Han, the Vice President of the Northwest University of Politics and Law, has suggested that China needs to explore how to deepen the legislative practice and the judicial practice of private international law, focus more on global and regional unification on the basis of the codification of private international law, and strengthen the debate between China and other countries on the unification of the systems of private international law.

Secondly, Chinese scholars have been endeavoring to establish a dialogue with western academic circles. In the field of research on international investment legislation, a large number of foreign scholars have claimed that the Calvo doctrine is already dead and buried. Shan Wenhua, Dean of the School of Law of Xi’an Jiaotong University, takes the opposing view that the Calvo doctrine is actually finding new relevance in the context of numerous developing countries, especially in Latin America, rethinking, reviewing and adjusting their liberalization policies on international investment.

In addition, Chinese scholars are also expressing their views on methodology. American scholars Jack Goldsmith and Eric Posner first introduced games theory into the study of international law. Jiang Shibo, Director of the Institute of International and Comparative Law of Shandong University (Weihai), claims that games theory is a descriptive research method which is valuable for analyzing the mode and processes of social functioning; law on the other hand is a normative one, which is valuable for predicting, judging and standardizing social behaviors. He added that scholars should put more effort into explaining what law is and researching the mechanisms of the execution of international law, as well as identifying what kinds of international rules are yet to be formulated.

International law in China faces a double challenge to becoming mainstream 

Compared with China’s increasing international status, the study of international law in China is still rather lagging in development and maturity. Professor He Zhipeng, from the School of Law of Jilin University, points out that international law study in China is not only on the periphery within international law theory, but it is also far from achieving its due status within Chinese legal studies. It thus faces a double challenge to moving into the mainstream.

Professor He claims that from the historical perspective, any emerging country will construct its own theoretical system of international law in accordance with its own needs. A lot of the older Chinese scholars have already contributed to building up a Chinese theory of international law, so as to form the foundation for expressing Chinese views in international academic circles. “The construction of China’s legal system has already gone through the overall process of introduction, imitation, amendment and improvement, and it can certainly provide reference for other countries”, Shan added.

The Chinese version appeared in Chinese Social Sciences Today, No. 525, November 18, 2013.

Chinese link: http://www.csstoday.net/xueshuzixun/guoneixinwen/86019.html 

Translated by Chen Meina

Revisde by Gabriele Corsetti