China Social Science Review

No.4, 2023

 

On the Evolution and Shaping of the “Standard of Civilisation” in International Law

(Abstract)

 

Shen Wei

 

Before the middle of the 19th century, international law had been regarded by the Western countries only as the law between the so-called “civilised” countries, while from the middle of the 19th century onwards, “standard of civilisation” and even international law have become the tools for the Western countries to carry out colonial expansion. In the mid-20th century, post-war international law, with the United Nations Charter at its core, rejected the “standard of civilisation,” but the concept did not disappear in the practice of international relations. After the end of the Cold War, the dregs of “standard of civilisation” reemerged, and some countries concocted the so-called new “standard of civilisation” in a moderate form, in an attempt to dominate international discourse once again with Western discourse. China’s defence of the legitimacy of international law through the doctrine of “mutual learning among civilizations” will help to establish a more just and rational international order, as well as enhance China’s international right of speech and influence.