The Modern International Law History in the East Asia

The modern international law history in the East Asia

I. International law in Ancient China

The question when international legal system was built up in the East Asia can be answered differently depending on the definition of international law. In ancient China, precisely during the Spring and Autumn period, there were some rules during war such as Ð"ÑšÐ"Ò'Ð"ÑŸÐ'ЇÐ"¬Ð'ЈÐ"™Ð'Ñ*, Ð"¬Ð"'Ð"«Ð"â„-, Ð"ÑšÐ"Ò'Ð"Ñ-Ð"-Ð"*Ð"ЋÐ"Ñ›Ð"... and some rules in foreign relations such as Ð"§Ð"ÑŸÐ"ЈÐ"ÐŽÐ"ЊÐ"--Ð"«Ð"â„-. If you define international law as rules among states, you can say there was international legal system at that time. But if you define international law as modern form which is based on treaty of Westphalia assuming equality and sovereignty, then you can not say there was international legal system, only can say there were some international law's rules.

II. Acceptance of modern international law

1. Qing Dynasty

(1) Foreign Relations: Dutch, Britain, Russia

Qing Dynasty had activity of trade with western countries. From 1662 to 1690 Dutch tried to make official contact with Qing dynasty in order to secure diplomatic immunity of envoys. Dutch had a negotiation referring to the "law of all nations" of "custom of all princes." But unfortunately Qing Dynasty still did not know that kind of international law concept. Finally, Qing Dynasty did not accept that demand.

In 1689, Qing dynasty made the treaty of Nechinsk which was about boundary problem with Russia. That treaty was made in a modern style under the auspices of the Jesuits who participated in the negotiation. So international law might have been used during the negotiation, but there is no proof.

In 1793 the British Emperor, George the Third proposed open trade to Qing dynasty. Qianlong, forth Emperor of the Qing dynasty insisted George McCartney, the envoy of George the Third to knee down but he refused to do it. After all Qianlong allowed him to bow expressing respect and stand up. This occurrence shows Qing dynasty's ignorance of international law which is based on equality between countries. George the Third's open trade proposal was rejected by Qianlong with humiliation remarks in which Qianlong's arrogant attitude is appeared apparently.

Through these incidents, China began to take a part in the international law system in spite of its negative response.

(2) Translation of international law

The Opium War in 1839 was resulted into treaty of Nanjing which is the first unequal treaty signed on 29 August 1842. After that treaty numerous English traders stayed in China and jurisdiction problems were occurred. A Chinese officer Ð"¬Ð"*Ð"¶Ð"ЋÐ"ÑŸÐ"Ї went to Guangzhou and dealt with it. At that time he needed knowledge of International law, and translated a book about international law into Ð'ÐŽÐ"¬Ð"ЉÐ"ЂÐ"ЏÐ"Ñ'Ð"«Ð"ЏÐ"-Ð"‡Ð'ÐŽÐ"­. He accomplished the withdrawal of French warships from Chinese territorial waters with it. Since then China became to have interest in international law.

In 1864, Ð""Ð"'Ð"™Ð"Ñ*Ð"ЋÐ'Ð... which is a foreign language college decided to teach international law as one of major subject and asked William A. P. Martin who was American missionary staying in China to translate a book about International law. He Translated Henry WheatonÐ'ÐŽÐ'Їs famous textbook, Elements of International Law and the translated book was named Ð'ÐŽÐ"¬Ð"?Ð'Ñ--Ð"ЏÐ"Ñ'Ð"ÐŒÐ"«Ð"›Ð"¶Ð'ÐŽÐ"­. It was first time to introduce the whole picture of international law to Asia. Qing dynasty being suffered from insufficient knowledge of international law used this book to cope with the western powers. This book was retranslated into Korean and Japanese and made a great contribution to those countries too. Of course there were their own efforts to learn international law for example inviting foreign scholars to teach it