Historical Development of Chinese International Law Theories: From the Late Qing Dynasty to the Rise of China

Theories of international law play a pivotal role in guiding the development of international law. Chinese international law theory has developed through the study and transplantation of Western international law theory, starting in the late Qing Dynasty, unfolding in the Republic of China, progressing in the People’s Republic of China, making great strides after the reform and opening up, and entering into a systematic innovation track after the new century. This process accelerated following the reform and opening-up period and entered a phase of systematic innovation, reflecting a historical trajectory of progressive complexity and depth. Chinese international law theory has transitioned to a new developmental stage that reflects the contemporary context of international relations, integrates elements of traditional Chinese legal culture, and critically engages with Western international law theory, emphasizing both continuity and innovation. The development of Chinese international law theory by the mid-21st century should follow two main lines: first, to combine the principle of harmony from Chinese traditional culture with Western traditional principles of justice, equity, equality and good faith to build a perfect system of fundamental principles of natural international law; second, to combine natural international law with positive international law to make up for the historical lack of fragmented transplantation of Western jurisprudence.