Abstract
China stands as one of the most dominant and influential powers in the world today. Considering its large economy, military strength and a more assertive political strategy in global politics, in recent times, China has attracted interest as a power which is reshaping global affairs. This new role for China in the world has largely been viewed by Western powers including the USA as a challenge, as a search for a new international order that is not West-centric. This includes the ‘Beijing consensus’, a term coined by Joshua C. Ramo, as an alternative model for growth, challenging Western perspectives summed up in the ‘Washington Consensus’ (1989).
It is necessary to understand how China approaches the existing international order and institutional mechanisms that are in place. A vital question is how China regards international law and the Chinese attitude towards the existing international legal regime, including its differences with Western powers on this score. In this interesting and interdisciplinary study, Phil C.W. Chan tries to identify and understand Chinese views and practices concerning international law. He also looks into critical issues of the international legal order such as sovereignty, peace and conflict, development, human rights, governance and self-determination. The initial chapters of the book deal with China’s approach to international law in terms of ‘internal sovereignty’, while later the focus of his analysis shifts to ‘external sovereignty’.
In his introductory remarks, the author raises the question of Western apprehensions about China and its pursuit of power and status. He underscores that the exercise of state sovereignty by China based on its rising power has actually contributed to the legitimacy and development of international law, and not undermined it. The author cites some international treaties to which China is a signatory and an adherent. While the author offers some empirical evidence to support his argument, in the light of China’s reaction to the recent arbitration award by the International Court on the South China Sea (SCS) dispute, apprehensions about Chinese non-compliance with it call for further analysis.
The next chapter begins with a critique of Western discourses of international law and presents the notion of sovereignty as understood by the Chinese. Noting the ideological differences and debate between Western and non-Western states on sovereignty and adherence to international law, the author suggests that in the case of China we lack understanding and are ignorant of China’s historical experience. The book adds: ‘One’s perspective of the past underlie, inform and explain a State’s perspective of a particular order and its approaches to the perspectives and actions of other states’ (p. 3).
As to the question of why China’s history plays a role in understanding its compliance or non-compliance of international law, the book offers an interesting analysis stretching from imperial China to contemporary times. China’s recent history in connection with international law can be divided into five phases: (i) that of Qing China (1840–912); (ii) Republican China (1912–49); (iii) Communist China (1949–79); (iv) Communist China (1979–84); and (v) Socialist-Market China, since 1984 (pp. 66–105). The reference to two phases of Communist China reflects the difference in approach under Mao and Deng Xiaoping towards international law. The author argues that China has been subject to foreign intrusions and has resisted some aspects of international law during the last phase of Qing rule and in Republican China. Similarly, the newly formed socialist government in China (1949) led by Mao also criticised international law as an ‘imperialist tool’ of strong states against the weak used to obstruct the global communist revolution. The author concludes that a change in approach has been witnessed only after China’s resumption of its seat at the United Nations in 1971.
The next two chapters note the differences between the Western and Chinese perspectives on international law in terms of human rights and individualism. The book suggests that considering the influence of Confucianism, in the Chinese understanding the individual’s human rights do not take precedence over community rights and obligations. This stands in opposition to the Western notion where the individual takes priority. The book discusses whether concepts of human rights have universal applicability. It suggests that China locates human rights within national boundaries, and any intervention which does not respect that is contrary to and in violation of international law.
Noting that a West-centric notion of human rights lacks universality in application, author then looks into some issues and practices concerning human rights in China, including its approach to the UN ‘Human Rights Council’, and protection of human rights in China (pp. 126–61). This chapter covers issues of workers’ and women’s rights, and the right to privacy in China. In the end, it notes that violation of human rights is a global phenomenon, and concerns about China are mainly due to misapprehensions about China’s economic development coupled with its political importance and military capabilities.
The next chapter makes a compelling case in favour of China, regarding its compliance with international law, based on analysis of issues concerning the right to self-determination. It begins with a detailed analysis of the origin, meaning and development of self-determination as a concept in international politics. The author emphasises that self-determination as a legal right must be considered and accepted in its historical context, and not just as a norm of jus cogens. This is because any disregard of historical context underlying a territory’s claim to self-determination will jeopardise the practice of international law (p. 180).
The author gives the examples of Hong Kong, Taiwan and Tibet, where China’s understanding of self-determination follows three different models based on the historical background and context of these three areas. He views China’s approach to self-determination (pp. 234–7) as a good example for the development of international law.
In the sixth chapter, the author examines the shift in the role that China played in international affairs after the resumption of its seat in the United Nations in 1971. Relying on the arguments, submissions and voting behaviour of the Chinese at the UN in subsequent years, the author notes the ‘positive role’ of China in strengthening the UN and its functioning. Similarly, he also points to increased Chinese engagement with international law and international organisations at large. However, the study does not provide in-depth analysis on the subject, or consider if these procedural actions by China made any substantial contribution to international law. Perhaps a case study on this would have made the argument more forceful and insightful.
In sum, the book provides an interesting perspective on the question of how China approaches international law and its mechanisms. The study also makes a significant attempt to challenge the notion of Chinese ‘non-adherence’ to international law. It further goes into the details of how China justifies the exercise of internal and external sovereignty in the international order. Most importantly, it tries to explain how the historical experience of any state shapes its perception of international law. All these make it a worthwhile read, and a timely analysis, against the background of the recent International Court ruling on the SCS that has again raised questions and concerns regarding China’s attitude to international law.