HISTORICAL ASPECTS OF FORMATION AND DEVELOPMENT OF THE INTERNATIONAL LEGAL DOCTRINE OF CHINA
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
This article deals with the mechanism of formation of international legal doctrine of China, including origin and specific features of international legal thought of ancient China, characteristics of Chinese medieval international legal thought and its impact on the real practice of international relations, as well as the main trends of international legal China views of XIX–XXI centuries. The author specially emphasizes that an essential disadvantage of studying the history of international law is the approach to it from the point of view of Eurocentrism. For a long time even in a lot of scientific works on international law (which was later reflected in international legal acts), the peoples were divided into three categories: civilized, barbaric and primitive nations. The peoples that did not fall under the «civilized» framework were denied in the existence of international law and its institutions. Such an approach often appears in international practice even today, which is unacceptable, because Eurocentrism ignores the international legal achievements of other regions and civilizations, in particular the views of Chinese scholars on international law. The author concludes that the analysis of historical aspects of the international legal doctrine of China has not only theoretical but also of great practical importance in understanding of the current foreign policy of China and its diplomacy (for example, the Great Silk Road of the XXI century “One Belt, One Road”, the doctrine of active defense etc.).
Authors and Affiliations
О. С Данильченко
Keywords
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