International Public Law: Legal Textbook for the New Century

Author: Wang Huahua
Publisher:
Publishing Date: 2005-08-01
Features: Law and the state arise from the same cause, and international law is no exception. With the existence of states, there is interaction between them, which forms norms of conduct in interstate relations—this is the earliest form of international law. The modern international law with an independent system began in the European society in the early 17th century, marked by the convening of the Westphalian Congress and the signing of the Peace of Westphalia. The starting point of modern international law is the San Francisco Constitutional Conference and the establishment of the United Nations. Today, international law has expanded from outer space to the seabed of the high seas, covering the Arctic and Antarctic. International law is primarily the law between states. States possess sovereignty, and thus they are equal, meaning that equals have no jurisdiction over one another. In international relations, states or state sovereignty is the highest authority and inviolable. However, state sovereignty is not absolute but mutual, meaning mutual respect for sovereignty, which is the fundamental principle of state relations. In practice, state relations are a relationship of cooperation and struggle. The world today is moving toward multipolarity, and countries are placing greater emphasis on using international law as a means to advance their foreign policies. In the complex international relations, international law serves as both the code of conduct for cooperation and struggle between states and a legal weapon that states must use to navigate the ever-changing international landscape. It can be said that international law is constantly exerting its influence and role in international relations, and conversely, the international legal practices between states have effectively promoted the development of international law. In the long history of Chinese law, the relationship between China and international law can be traced back to the Spring and Autumn and Warring States periods of ancient China, while international law with an independent system was introduced to China after the 1840s. The establishment of the People's Republic of China in 1949 marked a new stage in China's foreign relations and a fundamental change in its relationship with international law. The Chinese government places great importance on the theory and practice of international law. As early as 1978, Comrade Deng Xiaoping proposed strengthening the study of international law; in 1996, Comrade Jiang Zemin emphasized that leaders, especially senior officials, should pay attention to learning international law knowledge and strive to improve their ability to apply international law. In China, the study and research of international law have flourished and are still expanding. Today, governing the country according to the law has become a basic strategy of China, and China's peaceful development is inseparable from international law. In 2001, China's accession to the World Trade Organization accelerated the connection, penetration, and transformation between domestic law and international law, and even stipulated the direct application of international law in many laws. As a responsible major country, China is playing an increasingly important role in the international community. To meet the needs of international law teaching and research, the International Law School of East China University of Political Science and Law has successively compiled and published four textbooks on international law since the 1980s. In 1998, the book Public International Law, edited by Cao Jianming, Zhou Hongjun, and Wang Huahua, won the Shanghai Philosophy and Social Sciences Outstanding Textbook Award. According to the school's unified arrangement, starting from 2003, we once again summarized our teaching and research achievements over the years and incorporated the latest research results both domestically and internationally. After two years of effort, we compiled this Public International Law. This textbook consists of eighteen chapters, focusing on the theories and legal systems of international law, aiming to fully and accurately explain the basic principles, fundamental systems, and essential knowledge of international law, comprehensively reflect the latest theories and dynamics of international law, and provide in-depth discussions on China's international law in various fields.