Social Sciences in China (Chinese Edition)

No.5, 2021

 

Innovation on the Basis of Past Achievements in International Law: From the Perspective of the Regulatory Demands of the Reform of the Global Governance System

(Abstract)

 

Zhao Jun

 

The theoretical and practical innovation of international law is a historical issue inherent in the history of the evolution of the international order, and it is also a realistic proposition that needs to be urgently addressed in the era of global governance. It is a dialectical relations and a unity of opposites between carrying on its past achievements while making innovation in international law seen from the perspective of global governance. The starting point for the innovation is upholding its fine elements, i.e., maintaining its modernity, respecting its values and following the rules that govern it. On the other hand, the dynamic development of the international community today entails new normative demands, thus creating space for the creative development. Promoting the innovation of international law meets the objective demands of the development of international law, and is also a feasible path for safeguarding China’s national interests. In considering the innovation in international law we should properly handle the relationships between space and time, between old and new, and between internal and external interaction. Regarding the path of the innovation, due attention should be paid to such dimensions as the identification of fields and levels, the selection of normative modes, and timing and cost. As an emerging major country, China can shape a normative discourse in innovating international law and take the lead in the innovation of rules. By carefully considering the new needs from the international community for norms, China can advance the development of the international rule of law by activate the effectiveness of new norms; by demonstrating China’s achievements in the rule of law and innovations both in practice and in theory in international law, we can provide the international rule of law with China’s standpoint and solutions.