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China’s Perspectives on Public International Law: Selective Adaptation of International Treaties and the Community of Common Destiny Concept
German Yearbook of International Law, Vol. 64 (2021), Iss. 1 : pp. 97–116
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Professor and Chair of Chinese Legal Culture, University of Cologne.
Abstract
This study analyses two aspects of China’s perspectives on public international law: the implementation mechanism that gives legal effect to international treaties within the Chinese domestic legal system and the views of Chinese international law scholars on the important foreign policy concept of ‘the community of common destiny for mankind’. The author argues that the mode of domestic treaty implementation is aimed at flexibility to allow for the selective adaptation of contents of international law that promote the national interests of the Chinese party-State. How Chinese international law scholars flesh out the legal substance of the community of common destiny concept accords with findings that regard China’s norm-making activities as a dialectical process that emphasises both the normative status quo and changes to the international legal order. Intended changes of public international law appear to be regime type specific as they primarily attempt to legitimise and facilitate the perpetuation of the authoritarian system.
I. Introduction
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Björn Ahl\nChina’s Perspectives on Public International Law: Selective Adaptation of International Treaties and the Community of Common Destiny Concept | 97 | ||
| I. Introduction | 97 | ||
| II. International Law in the Chinese Domestic Legal System | 100 | ||
| A. Chinese Legal Scholarship on the Domestic Effects of International Law | 100 | ||
| B. Chinese Legislation and Judicial Documents on the Domestic Effects of International Law | 101 | ||
| C. Implementation of International Law Through Legislation in the Case of the Convention Against Torture | 104 | ||
| D. Application of International Treaties by Chinese Courts | 106 | ||
| E. Selective Adaptation of International Law in China | 108 | ||
| III. Community of Common Destiny for Mankind | 110 | ||
| A. Community of Common Destiny as a Core Foreign Policy Concept | 110 | ||
| B. Legal Relevance of the Community of Common Destiny Concept | 112 | ||
| C. Elements Reinforcing the Status Quo of International Law | 113 | ||
| D. Elements Indicating Desired Changes of International Law | 114 | ||
| IV. Conclusion | 115 |