The Asian Society of International Law held its third biennial conference in Beijing in late August. More than 300 officials and scholars attended this event. The conference served as a significant platform through which Chinese international law experts made their voices heard across Asia and those in Asia made their voices heard across the world.
Following the end of the Cold War, international law went through the most significant changes since the adoption of the Peace of Westphalia (1648)—a series of international treaties that ended decades of war in Europe. China’s contributions to making contemporary international law as
well as its enforcement are remarkable. Law making
Western countries had long dominated the formulation of international law. This situation lasted until the 1950s, when the Five Principles of Peaceful Coexistence—mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence—advocated by China, India, Myanmar and other countries were accepted as an essential part of the basic principles of modern international law. Thus a legal foundation was laid for developing international relations based on equality and democracy.
During the law-making processes, China expressed its opinions on a host of major issues, including state responsibility, the legal status of the Arctic, the jurisdiction of the International Criminal Court, humanitarian intervention and the responsibility to protect.
In particular, when the world was debating whether Kosovo’s unilateral declaration of independence in 2008 was against international law, the Chinese Government for the first time sent a delegation to the International Court of Justice. The delegation, through written submissions and oral statements, expounded China’s position on the issue.
With these moves, China has exerted its influence over the establishment of the principles and rules of modern international law.
The International Law Commission established by the UN General Assembly in 1948 plays a leading role in the codification and development of international law. So far, a number of Chinese experts have served its chair and members. In addition, a number of Chinese international law scholars have been selected as members and associates of the Institute of International Law, a private organization devoted to the study and development of international law.
Enforcement
For decades, China has practiced international law in various areas, based on general international law and the UN Charter. It has provided financial support for many international organizations, especially the UN.
For example, of the five permanent members of the UN Security Council, China has sent the most peacekeeping staff. It has sent more than 21,000 peacekeepers to 30 UN peacekeeping missions. Eight service people and eight civilian police officers from China have fallen in the line of duty. China’s contributions to peacekeeping have been highly praised by the UN and host countries.
So far, China is the only nuclear country that has publicly promised no first use of nuclear weapons and no use or threat of use of nuclear weapons against non-nuclearweapon states or regions.
China has also played a prominent and constructive role in areas including arms control, disarmament, the peaceful settlement of international disputes, opposing the illegal use of force, environmental protection and human rights protection.
In addition, China has actively participated in international cooperation on counterterrorism and nuclear non-proliferation. It has sent rescue teams to countries hit by severe natural disasters. And it has dispatched naval escort fleets to the Gulf of Aden and waters off Somalia’s coast.
China is a member of more than 100 intergovernmental organizations and has signed or joined more than 300 international treaties. It has become a participant, builder and contributor of international systems.
In terms of environmental protection, especially in global warming prevention, China is the first developing country to formulate and implement a national climate change program. It is also one of the countries that have made the greatest efforts in emissions reduction and achieved the most rapid progress in new energy and renewable energy research.
China insists on dealing with territorial and maritime rights disputes between neighboring countries through dialogue. It advocates shelving disputes and seeking joint exploration of marine resources, and trying its best to maintain peace and stability in the South China Sea and the East China Sea.

China has always opposed practices that go against the purposes and principles of the UN Charter as well as attempts to resort to force. For instance, it has promoted talks on the Korean Peninsula nuclear issue and the Iranian nuclear issue. It helped launch the six-party talks, which involve North Korea, the United States, South Korea, China, Japan and Russia, to resolve the North Korean nuclear issue. It has also contributed to the common development and prosperity of the Asia-Pacific region through participating in bilateral and regional cooperation.
Currently, a series of international judicial bodies together play an important role in the realization of international justice and the maintenance of international order. Chinese judges and scholars have taken positions in these bodies.
Although China is not a signatory state of the Rome Statute of the International Criminal Court that was adopted at a conference in Rome in 1998 and entered into force on July 1, 2002, it sent a delegation to the Rome conference.
After the International Criminal Court was established, China participated in the review of the Rome Statute as an observer state. What’s more, it expressed opinions on major issues including the definition of the crime of aggression, universal criminal jurisdiction and the relationship between the International Criminal Court and the UN Security Council.
When international judicial bodies came to decisions or released advisory opinions, Chinese judges expressed their stances by making dissenting opinions or individual opinions. In this way, they could have a say in international judicial processes. At the same time, they injected Chinese thinking into international law and helped enrich its theoretical system.
International organizations
Since the beginning of the 20th century, the international community has witnessed a surge of international organizations. The activities of these organizations have penetrated into all aspects of the international community.
China has always attached great importance to international organizations. It has supported these organizations with the UN as the core. A large number of Chinese professionals work as officials, staff members and volunteers in these organizations.
In the meantime, China has contributed to the establishment of international organizations. In 1997, the International Network for Bamboo and Rattan became the first international organization headquartered in China. China has also played a leading role in the establishment of the Shanghai Cooperation Organization (SCO), whose Secretariat is located in Beijing.
The SCO is a new type of regional organization. It does not target any third party, but aims to promote cooperation between its member states in the fight against the three forces of terrorism, separatism and extremism, and to maintain regional peace. After more than a decade’s development, the SCO has become an important force in the maintenance of regional peace, security and stability.
Economic and private laws
Through globalization, the international community has become increasingly interdependent. Cross-border exchanges have increased dramatically. Against this backdrop, international economic law and private law are playing a more significant role.
After many years’ hard work, China entered the WTO in 2001. China not only conducts international economic activities based on WTO principles, but also resolves legal disputes with other members according to these principles. To date, five Chinese scholars have been designated by the WTO Appellate Body as legal experts or lawyers.
In addition, China has taken a further step in devising international private law with the enactment of the Law on the Application of Law for Foreign-Related Civil Relations.