Ancient Chinese International Law Studies

Author: Sun Yurong
Publisher:
Publish Date: 1999-01-01
Features:
Chapter 1: Introduction
This chapter critiques the view that there was no international law in ancient times and argues that ancient international law did exist, supported by examples from Eastern and Western ancient states. As an important part of ancient Eastern international law, its existence is undeniable. However, ancient Chinese international law had its own unique definition, referring to the body of legally binding principles, rules, and institutions that regulated the relationships between states within the Chinese territory during different periods. The sources of ancient Chinese international law mainly included international customs, international treaties, propriety, righteousness, and classics.
Chapter 2: Basic Principles of Ancient Chinese International Law
This chapter covers fundamental principles such as the principle of sovereign equality of states, the principle of inviolability of state territory, the principle of non-interference in the internal affairs of other states, the principle of peaceful settlement of international disputes, and the principle of the observance of treaties.
Chapter 3: Subjects of Ancient Chinese International Law
The state was the sole subject of ancient Chinese international law. The constitution of a state consisted of four elements: settled inhabitants, defined territory, a certain system of government, and sovereignty. Based on the exercise of sovereignty, ancient Chinese states could be divided into independent states and dependent states. The basic rights of ancient Chinese states included sovereignty, equality, self-defense, and jurisdiction, while they were also bound by obligations such as treaty compliance, judicial duties, and moral duties. Rights and obligations were inseparable. The recognition of ancient Chinese international law mainly included state recognition and government recognition. Succession in ancient Chinese international law covered both state succession and government succession.
Chapter 4: State Territory
Although ancient China lacked the concepts of state territory and territorial sovereignty, it did recognize the principle of inviolability of territorial sovereignty and its limitations. The main ways ancient Chinese states acquired territory included occupation, accession, conquest, cession, prescription, and restitution. Borders and territory were inseparable, and ancient China placed great importance on border disputes, often demarcating boundaries using rivers and mountains.
Chapter 5: Law of Diplomatic Relations
The law of diplomatic relations was one of the more developed aspects of ancient Chinese international law. The diplomatic relations agencies of ancient Chinese states could be divided into central diplomatic agencies and diplomatic representative agencies. Central diplomatic relations included monarchs and diplomatic departments, while diplomatic representative agencies referred to diplomatic envoys. As early as the Spring and Autumn Period, ancient China had clear regulations on the types, ranks, privileges, appointments, reception ceremonies, and termination of envoys. Over time, these rules became increasingly refined and standardized through the periods of the Three Kingdoms, Southern and Northern Dynasties, Five Dynasties and Ten Kingdoms, and the Song, Liao, Xixia, and Jin dynasties.
Chapter 6: Treaties
Ancient China also had a well-developed treaty law with rich treaty practices. The process of concluding treaties in ancient China involved significant religious elements, including ceremonial components. The main rituals for concluding treaties included gatherings on altars, sacrificing animals, holding ears, drinking blood, inscribing documents, and offering sacrifices to deities. After a treaty was concluded, copies were stored in alliance offices. Treaties were concluded by states, and as long as a treaty was legitimate, all parties must fulfill it in good faith, embodying the principle of the observance of treaties. However, treaties that violated fundamental principles of international law were invalid from the moment they were signed. Treaties could be terminated by war or unilateral abrogation.
Chapter 7: International Organizations
Ancient Chinese international organizations were called "alliances" or "league." In ancient times, major international organizations included the Northern Alliance, the Southern Alliance, and the General Alliance, whose functions mainly covered politics, economy, military, and judicial aspects. During the medieval period, the alliance of Wu and Shu in the Three Kingdoms period was a key example, while in the late medieval period, the alliance between the Song and Jin dynasties was prominent. The purposes of medieval and late medieval international organizations were the same: the constant warfare among the three states had exhausted their strength, and no single state could eliminate the other two and exist independently. In this context, weaker states had to unite for mutual protection, forming international organizations for shared interests beyond strengthening weapons and defenses.
Chapter 8: Ancient Chinese International Economic Law
Ancient Chinese international economic law differed from modern international economic law, as it only referred to international trade law. Regulations on trade control and restrictions on goods entering and exiting the territory began as early as the Spring and Autumn Period and were further developed during the Three Kingdoms, Eastern Jin and Sixteen Kingdoms, Southern and Northern Dynasties, Five Dynasties and Ten Kingdoms, Song, Liao, Xixia, and Jin periods.
Chapter 9: Settlement of International Disputes
Ancient Chinese methods for resolving international disputes included two categories: coercive and non-coercive methods. Coercive methods for resolving disputes included reprisal, retaliation, and intervention. Non-coercive methods referred to political and legal methods for peaceful dispute resolution. Political methods included negotiation and consultation, mediation and conciliation. Legal methods included arbitration and judicial resolution.
Chapter 10: Ancient Chinese War Law
The beginning and end of wars and armed conflicts in ancient China brought significant changes to the legal relationships between warring parties or conflicting parties, leading to a series of legal consequences. Ancient Chinese war law had its own unique principles, such as fighting under flags and drums, not attacking states in mourning, and prohibiting the destruction of states with the same surname. Additionally, ancient Chinese war law also regulated issues related to the people of warring states, spies, and neutrals.
Chapter 11: Conclusion
Based on a thorough examination of historical facts, this book compellingly demonstrates the existence of ancient Chinese international law. However, ancient Chinese international law was distinct from modern international law. It had its own characteristics. Although ancient Chinese international law and modern international law had qualitative differences, their historical significance and for modern international law are undeniable.