CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE ATTITUDE OF THE PEOPLE’S REPUBLIC OF CHINA TOWARD INTERNATIONAL LAW Minister of Argentina, Luis Drago, prohibited military intervention against Latin American nations by European states to collect debt on behalf of their nationals. 30 The United States also announced the Monroe Doctrine to stop European states from recolonizing Latin American nations. That was later followed by the Roosevelt Corollary, by which the United States threatened to use military force to prevent European nations from intervening in Latin America. 31 The Era of International Law in China With the establishment of the Republic of China in 1912, the Chinese government made international law and diplomacy a top priority. Westlake’s book on international law was the first western international law text to be translated into Chinese and circulated widely among Chinese scholars who were curious about European international law. China created a professional diplomatic service to help it navigate the complex web of international law. China also established a new Foreign Ministry, which was staffed by western-educated lawyers and academics who were fluent in multiple foreign languages and were experienced in foreign affairs. These new Chinese diplomats sought to renegotiate the unequal treaties that were imposed on China in the 19 th century. These individuals brought a certain level of professionalism to the Foreign Ministry and made sure China’s place in the international legal order was assured. 32 In the immediate aftermath of the establishment of the People’s Republic, international law flourished in China. Several law schools were created, and all law faculties offered courses in international law. Several legal scholars from the Soviet Union were invited to teach in China, and they influenced China’s perspective on international law. The Chinese view of international law became closely aligned with that of the Soviet Union. 33 The Soviet perspective was very dogmatic and ideologically driven. The Soviets advocated two systems of international law, one governing relations among the Communist states, and the other governing relations between the Communist bloc and the Capitalist states. 34 China itself never quite developed its version of international law except for what it borrowed from the USSR, or what it learned from its encounters with European states. Its perspective on international law was slow to develop and it remained extremely limited. China’s Attitude Toward International Law During the Cultural Revolution China’s experience with international law ended abruptly following the Cultural Revolution. Mao abolished all international law programs and closed all universities. China was in the dark in terms of new developments in international law. The Communist regime was deeply suspicious of international law and treated it as an expansion of “European Imperialism.” 35 The Communist regime was only interested in the international law that would help it undo the unequal treaties and the issue of extraterritoriality in China. Mao took a very hostile attitude toward international law. Given China’s historical legacy, Mao placed special emphasis only on the legal principles that were of relevance to China’s 30 HERSHEY, A. “The Calvo and Drago Doctrines, 1 American Journal of International Law (1907), p. 29. 31 MEIERTONS, H. The Doctrines of US Security Policy: An Evaluation under International Law (2010).

32 China created its first professional diplomatic corps in early 1900s. 33 The Soviet Union shaped China’s perspective on international law. 34 TUNKIN, G., BUTLER, W. Theory of International Law (2003). 35 China’s suspicion of international law.

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