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Wight’s main point, that there is an insubstantial foundation for theoretical speculations in international theory apart from political theory is, however, valid and significant. Speculations about international relations are invariably confined to the discourse of either political theory on the one hand or to diplomatic practice on the other. International law is commonly conceived as interplay between these two. In the Chinese case international law as diplomatic practice was indeed known prior to the ——— 2 Wight 1966, pp.
The difference between these two types of law lay mostly in the fact that the sovereign state is the subject of the former, while individuals were the subjects of the latter. 27 In the late Middle Ages the European international system was further consolidated and the sovereign power exercised by the rulers of these states was strengthened also by the writings of theorists. The 15th century also witnessed the development of two practices that later became central to international order; the sending of permanent diplomatic missions abroad and the legal requirements for the acquisition of territories overseas.
The intellectual history of international law in China refers, however, not to the system of treaties but to an indigenous Chinese process of intellectually applying these principles to China and her environment and hence negotiating a space for China in this family of nations. The main purpose of this book is to study the introduction of this Western discipline into China in the last part of the Qing dynasty and subsequently to analyse how the theories of international law as a Western discipline are integrated into the 22 CHAPTER TWO discourse on Chinese international relations.
Collection of Li Bai (Chinese classical literature series) (中国古典文学基本丛书:李太白全集) by 王琦