【中文摘要】当代中国国际法学的话语体系，一方面，必须准确、系统、全面表达和传递国际法基本原则、基本制度和本质特征以及国际法研究过程中逐步确立和发展起来的核心价值、基本概念、关键术语、主流的理论或学说、具有代表性的观点等基本要素；另一方面，应充分、及时体现中国对国际法、国际法学和国际法学话语体系所作出的创造性贡献。当代中国国际法学话语体系的构建应以“构建和谐世界”为指导理念，应全面顾及国际法治和中国外交政策及其实践的国内、多边、区域和双边等四个基本层面，应遵行、符合或顺应国际关系和国际法的基本准则，全球化与多边主义、区域一体化与区域主义、国际共同体义务（或权利）和中国和平发展需要等原则、规律或趋势，应将其基本功能定位为：推动当代国际法的不断发展和广泛适用，促进当代国际法的教学、研究和传播，推进中国的法治进步，维护中国利益、尤其是国家的核心利益并提升中国作为负责任大国的国际形象与地位。

【关键词】中国国际法学话语体系， 当代国际法， 多边主义， 区域主义， 国际共同体义务

【英文摘要】The contemporary construction of Chinese international law discourse, on the one hand, ought to precisely, systematically and completely express and communicate fundamental principles, main regimes and substantial features of international law as well as core values, basic conceptions, key terms, mainstream theories or doctrines and representative views gradually established and developed in the study of international law; on the other hand, it should fully and in a timely way manifest China’s creative contributions to international law and its discipline and discourse. The framework of contemporary Chinese international law discourse should take “building a harmonious world” as the guiding rationale; thoroughly cover the four basic dimensions of the international rule of law and Chinese foreign policy and its practice, namely domestic, multilateral, regional and bilateral; coincide with, follow and respect those rules, natural laws and tendencies such as fundamental rules governing international relations, globalization, multilateralism, regional integration and regionalism, the international community’s obligations (or rights) and China’s needs for peaceful development. It should orient its basic functions toward promoting the continuous development and wide application of contemporary international law as well as its teaching, study and dissemination, stimulating the progress of the rule of law in China, protecting Chinese interests, especially those core national interests, and strengthening China’s international image and status as a responsible big country.

【Keywords】 Chinese international law discourse, contemporary international law, multilateralism, regionalism, international community obligations

The contemporary construction of CILD (Chinese International Law Discourse), in general, ought to systematically reflect the basic contents and substantive characteristics of contemporary international law, its discipline and discourse on the one hand, and on the other hand, completely, precisely and in a timely way manifest the Chinese contributions to international law, its discipline and discourse since 1949, especially in the most recent thirty years of reform and opening up. For the latter, a few examples are as follows: at the time of the establishment of the People’s Republic of China, the principles and positions held by the Chinese government toward treaties concluded before 1949, which contributed much to the rules of treaty succession; in the middle of the 1950s, the “five principles of peaceful coexistence” jointly initiated by China and India, which creatively contributed to the formation and development of fundamental principles of international law; from the 1980s to the 1990s, the smooth settlement of the historically inherited issue of Hong Kong and Macao between China and Britain and between China and Portugal respectively under the creative principle of “one country, two systems”, which contributed much to the enhancement of the principle of peaceful settlement of international disputes; from the middle of the 1990s to the beginning of the 21st century, the realization of China’s “one country with four seats” in the WTO, which made a special contribution to the membership of international organizations; and more recently, the new rationale of “building a harmonious world” declared by China, which is undoubtedly a very positive and creative effort toward the development of a new value in contemporary international law, etc. In sum, CILD should, on the one hand, systematically contain the fundamental elements of international law and, on the other hand, fully present Chinese characteristics, styles, manner or imprint in the development of contemporary international law and its discipline.

I. The Guiding Rationale and Basic Dimensions of CILD

1. One guiding rationale

The contemporary construction of CILD must first of all find a defined guiding rationale as its basis, whose selection ought to meet two basic conditions. Firstly, it should completely and precisely indicate the nature, features and missions of contemporary international society, international relations and international law. Secondly, it would be best created or initiated by China. The concept of “building a harmonious world”, first declared by China in 2005 and reaffirmed consistently since then as the core of Chinese foreign policy, coincides with those two conditions and should become the guiding rationale in the formulation of CILD.

The connotation of a “harmonious world” includes the idea that all countries “should uphold the purposes and principles of the United Nations Charter, observe international law and universally recognized norms of international relations, and promote democracy, harmony, collaboration and win-win solutions in international relations. Politically, all countries should respect each other and conduct consultations on an equal footing in a common endeavor to promote democracy in international relations. Economically, they should cooperate with each other, draw on each other’s strengths and work together to advance economic globalization in the direction of balanced development, shared benefits and win-win progress. Culturally, they should learn from each other in the spirit of seeking common ground while shelving differences, respect the diversity of the world, and make joint efforts to advance human civilization. In the area of security, they should trust each other, strengthen cooperation, settle international disputes by peaceful means rather than by war, and work together to safeguard peace and stability in the world. On environmental issues, they should assist and cooperate with each other in conservation efforts to take good care of the Earth, the only home of human beings.”[1]

The rationale, connotation and spirit contained in the concept of “harmonious world” is consistent with the value orientation of contemporary international law. While the main crux of building a harmonious world in the Cold War era was the relations between the East and the West, the crux of the construction of a harmonious world in the post-Cold War era is how to handle the issues of South-North relations.[2] This is because the severe challenges confronted by the South in economic and social areas are not only issues of global development, but also directly relate to the security and human rights of the whole world. Furthermore, the key to a harmonious world, to a great extent, lies in global good governance. However, the construction of a harmonious world does not mean the unification of all; instead, it means striving for harmony but not sameness, thus requiring that contemporary international law should make every endeavor to respect and promote the harmonious progress of the various civilizations of all states. Contemporary international law, as both the foundation and guarantee of a harmonious world, should further emphasize the coordinated development of its own system of norms and try to avoid or at least reduce the negative effects on the construction of a harmonious world resulting from the fragmentation of international law. In summary, a harmonious world calls for contemporary international law to take security, development, human rights, democracy, rule of law, good governance and the diversity of civilization as its core values and missions to be pursued, maintained and promoted.[3]

2. Four fundamental dimensions

The contemporary construction of CILD should take into overall account the four fundamental dimensions of international rule of law and Chinese foreign relations both at the present and in the future, namely, the domestic, international, regional and bilateral dimensions. Each dimension endows the CILD with its own characteristics on the one hand, and on the other they are all correlated, mutually echoing and complementing each other.

At the domestic level, the contemporary construction of CILD, on the whole, should cover two basic aspects: one is to include the rights and obligations of China under international law, the other is to coincide with Chinese concrete circumstances, particularly those essential or core national interests that concern China. In the process of construction, every effort should be made to avoid the potential conflicts of the two aspects and seek, instead, for their mutual coordination and conformity. More specifically, in dealing with the relationship between international law and Chinese domestic law or the application of the former in the latter, endeavors should be made, under the precondition that the independence and authority of the two legal systems are not affected, to maintain consistency between the construction of CILD in the fields of Chinese legislation, executive and adjudication and the common global discourse of international law, and ensure the penetration of CILD throughout its dissemination, teaching and study in China.

For the sake of its international or global implications, the contemporary construction of CILD must precisely and adequately reflect the core values of international law, an important agenda that jointly concerns all states and the common interest of mankind. The core values of international law ought to include inter-state peaceful co-existence and economic cooperation based on equality and mutual benefit, as well as worldwide democracy, human rights and rule of law, etc. The important agendas that concern all states, although they may change as time goes by, are basically the sustained global challenges, such as peacekeeping and peace building, and restoration and construction of the rule of law in conflict or post-conflict states or regions; prohibition and prevention of the testing, production, sale, utilization and proliferation of weapons of mass destruction; attacking international terrorism; punishing international crimes which grossly violate humanity, humanitarian law and human rights; preventing and fighting transnational crime; establishing and enhancing international anti-corruption mechanisms; realizing the UN Millennium Goals; promoting liberalization of international trade; stabilizing the international monetary order, etc. The maintenance and promotion of the common interest of mankind has become a newly emerging mission for contemporary international law. It includes but is not limited to maintaining sustained international peace, security and environment; promoting biological diversity; creating mechanisms to secure equitable environmental rights between generations; ensuring the mankind’s common ownership of outer space and its exploitation and utilization for peaceful purposes; maintaining the international seabed and diversity of culture as the common heritage of mankind; and preventing the transnational spreading of communicable diseases, etc.

Dealing with contemporary international challenges and affairs has been more and more reliant on various regional mechanisms, resulting in different types of regional international law therein which are in parallel development to general international law. Since the beginning of the 21st century, China, as a responsible big country and the largest developing nation, has been increasingly highlighting the establishment and enhancement of regional security systems and economic, trade and social cooperation regimes, in addition to continuously playing its role in multilateral systems. Therefore, building contemporary CILD should inevitably bring in regionalism as an integral component.

Bilateral relations have always been an important part of international relations, and bilateral cooperation, in terms of either form or contents, far surpasses regional and multilateral cooperation in quantity. Since introducing the reform and opening up policy and particularly since the advent of the 21st century, China has not only realized its target of overall participation in multilateral systems, but also made speedy progress in establishing all kinds of bilateral cooperation mechanisms with other countries or international organizations. In recent years, China has built various strategic partnerships and regular consultation or dialogue mechanisms in the areas of political relations, military and security cooperation, human rights and the rule of law, etc., apart from the conclusion of thousands of bilateral agreements in the fields of economics and trade, science and technology, education and culture, law and the judiciary, sports and other sectors of society. Consequently, the cotemporary construction of CILD cannot neglect those contents at the bilateral level.

In sum, considering that contemporary international law will continue to take national sovereignty and the common interest of mankind as its dual orientations and that its formulation, implementation and judicial safeguards will continue to be fragmented, the contemporary construction of CILD must be conducted simultaneously in national, multilateral, regional and bilateral contexts. In other words, it should base itself on domestic autonomy with a view of international (global) systems, adapt itself to regional integration and underline various bilateral strategic partnerships and cooperation.

II. Fundamental Principles of Contemporary Construction of CILD

The four basic layers of CILD discussed above, though their contents are not the same and each has its own focus, should all respect and be in accordance with certain fundamental principles, as shown below:

1. According with basic norms of international relations

The basic norms of international relations, or basic principles of international law, are the most fundamental guiding principles in intercourse and cooperation between states and between them and other international actors, the foundation and core of the whole international law system, applying to all fields of international life or all spheres within the effective jurisdiction of international law; they must be absolutely observed as jus cogens. Since CILD is a kind of information expression and dissemination in the context of international relations and takes international law as its object, its construction must follow these basic norms of international relations and international law.

International society is a parallel society structured horizontally, in which no single state or other authority can confirm the basic norms of international relations or make basic norms for the conduct of other states and international actors. Such fundamental norms have been progressively enacted and confirmed by states themselves in their mutual intercourse and based on their common needs and interests. As a consequence, fundamental norms of international relations or international law at different times may vary, though some of them have endured permanently. In traditional international law, based on the postulate that they are legally equal, most rules endow states with wide freedom of action provided they abide by certain “rules of the game,” and the law even gives its blessing to new situations brought about by force. That is the “lassez-faire approach” of classical international law.[4]

The emergence of the UN Charter symbolizes the birth of contemporary international law. Those principles affirmed in Article 2 of the Charter are not only the fundamental principles of the organization and its member states, but are also universally recognized as formulating the basic norms of contemporary international relations as well as international law, the core of which is sovereign equality between member states, peaceful settlement of disputes, prohibition of armed force or threat of armed force, fulfillment of the Charter obligations in good faith, and non-interference in matters essentially within domestic jurisdiction. The Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations (Declaration on Principles of International Law) adopted by the General Assembly in 1970, in addition to reaffirming these principles of the UN Charter, further confirmed the principles of national self-determination and obligation of cooperation.

In the development of basic principles of contemporary international law, special contributions have been made by some regional organizations, conferences or specific states; for example, the Five Principles of Peaceful Co-Existence first initiated by China and then jointly proclaimed with China, India and Burma (now called Myanmar) from 1953 to 1954, the Ten Principles confirmed in the Final Communiqué of the Bandung Conference in Indonesia in 1955, the Ten Principles contained in the 1975 Helsinki Final Act adopted at the Conference on Security and Cooperation in Europe (called the Organization for Security and Cooperation in Europe since 1995), etc. All these basic principles confirmed by specific states and regional organizations are very much in conformity with those principles of the UN Charter and the General Assembly Declaration on Principles of International Law discussed above and are either reaffirmations of those principles or their further extension and development.

2. Conforming to globalization and maintaining multilateralism

The contemporary construction of CILD should closely keep pace with contemporary international relations and follow the general trends of contemporary international society. Though opinions on the advantages and disadvantages of globalization have long been divided and there is no end to anti-globalization movements, it is an irreversible fact and trend that globalization has become broader and deeper. Therefore, in the developing context of globalization, the fittest survive in terms of national interest. As a matter of fact, the establishment of international organizations or regimes and the formulation of international legal rules or mechanisms are to a great extent outcomes of or services for globalization.

The manifestation of globalization in the sense of governance has been the rise of various multilateral systems demanded by the times, the fundamental rationale of which lies in multilateralism. According to the definition by John Ruggie, multilateralism refers to “an institutional form that coordinates relations among three or more states on the basis of generalized principles of conduct”; in addition to this definition from the institutional dimension, multilateralism also presents appropriate modes of behavior between state actors as well as attaching importance to and respecting universally recognized norms and rules.[5] In substance, multilateralism means the democratization of international relations, emphasizing that all states should jointly cope with the various challenges brought by globalization based on equal consultation within the framework of multilateral systems such as the UN, WTO, IMF, etc., while opposing international affairs’ being predominantly dealt with by some major powers who are a minority of states. In a word, multilateralism is characterized by multilateral coordination and cooperation between international actors. #p#分页标题#e#

The contemporary construction of CILD cannot be isolated from the grand context of globalization, nor can it escape from its various challenges and confront them without utilizing multilateralism. Therefore, CILD must be constructed in the context of globalization, establishing the image of China as an internationally responsible big country, firmly promoting multilateralism and rejecting unilateralism and supporting the resolution of all kinds of issues in the process of globalization, such as security, stabilization, development, democracy, human rights, the rule of law, the environment, energy, etc., through appropriate multilateral mechanisms and in accordance with the rules and procedures jointly set up by all states, in a spirit of coordination and cooperation.

3. Actively participating in regional integration

Regional integration is a social phenomenon in the contemporary world accompanying and parallel to globalization. It is undoubtedly a matter of fact that there has been a flourishing proliferation and speedy growth of various regional arrangements, agreements and organizations or mechanisms currently, despite the constant debates concerning its positive and negative impacts on multilateralism. To trace this phenomenon to its cause, regional mechanisms have been playing increasingly important or special roles (sometimes these roles are not substitutable) in dealing with regional conflicts, maintaining regional peace and security and promoting regional economic and social development. This has become essentially supplementary to the respective multilateral systems.

Considering the unique role of regional integration in building regional security and promoting regional economic and social progress, and its legitimate status in the multilateral organizations concerned (such as the regional arrangements in the joint collective security system and regional trade agreements being exceptions to most-favored nation treatment in the WTO, etc.), China, as a big country in the region, should not only continue to enhance its intercourse and cooperation with different organizations for regional integration in the world and actively participate in their activities, but also actively explore and initiate the creation of the necessary regional organizations or mechanisms in Asia which are in conformity both with the core interests of China and the interests of other countries concerned, as well as the overall interests of the whole region.

Consequently, there must be an appropriate reflection of the trends, characteristics and roles of regional integration and its interactions with China in the contemporary construction of CILD, thus echoing the contents of globalization and multilateralism mentioned above.

4. Fully manifesting the international community’s obligations (or rights)

In international society today, the traditional principle of reciprocity still constitutes the foundation of contemporary international law. At the same time, certain new rules of international law with a somewhat different implication or character have been gradually being formulated; that is, a sort of non-reciprocal obligation confirmed in a number of multilateral treaties in the past fifty plus years, meaning in essence the obligations of one contracting state arising from a treaty not only to the other contracting state, but to any other contracting state and even including non-contracting states. Such non-reciprocal obligations in international law are formally called “obligations or rights erga omnes” or “community obligations or rights.” To trace the origin of the concept, such reciprocal obligations are rooted in the rationale and values of humanizing international law, being largely contained or implied in international humanitarian law, the international law of human rights, international refugee law, international criminal law and international environmental law, areas where the humanization of international law is mostly concentrated.

If we say that the CILD of the past was built up with an orientation toward national sovereignty and on the basis of the principle of reciprocity, the construction of current and future CILD should, in addition, in a timely way, adequately and effectively reflect the norms concerning “obligations erga omnes” of contemporary international law and adapt itself to the trend of the dual orientation of “national sovereignty” and “international community interests.” Only by so doing can we ensure that the contemporary construction of CILD will always proceed side by side with the frontiers of international law and the development of the discipline.

5. Adapting to the needs of China’s peaceful development

The CILD belongs to China to a large extent, although it has direct and strong international elements. Therefore, it must serve the strategy of China’s peaceful development, otherwise it would lose its Chinese character, Chinese style and Chinese manner, thus weakening its main theoretical and practical significance. In order to make the contemporary construction of CILD closely link to and directly serve China’s strategy of peaceful development, the first and foremost prerequisite in theory is to clarify the interactions between China’s peaceful development and contemporary international law.

Roughly speaking, contemporary international law plays an active role in China’s peaceful development in three dimensions: (1) it creates a peaceful and secure external environment for China’s peaceful development; (2) it sets up a just and fair competitive international order for China’s peaceful development; and (3) it provides legal safeguards of international cooperation for China’s peaceful development.[6] Judged from another aspect, China’s peaceful development will contribute greatly to the development of contemporary international law. Firstly, since China is the largest country in the world, its peaceful development is of special significance for global development, which is one of the main missions pursued by contemporary international law. Secondly, as a responsible political power, China will play an ever more important role in international peacekeeping and peace building as well as the maintenance of international security undertaken by contemporary international law. Finally, human rights, the rule of law and democracy are becoming the core values of contemporary international law and the promotion of such new core values at both national and international levels is one of the main purposes of China’s peaceful development. The road of peaceful development chosen by China is not only the road to making the country prosperous and well- off, but also the essential road for realization of human rights, the rule of law and democracy.[7]

III. The Functional Orientation of Contemporary CILD

In building contemporary CILD we cannot neglect its functional orientation. Only if its functions are precisely defined can the construction of CILD reach the following goals: (1) explicit objectives; (2) clear gradation; (3) a well-framed structure; and (4) comprehensive contents. This author elaborates the basic functional location of contemporary CILD as follows, in terms of international law, rule of law, academic dimension, social context and political perspective:

1. Promoting the continuous development and broad application of contemporary international law

To promote the codification and progress of international law is the sustained special mission of the General Assembly entrusted to it by the UN Charter. In addition to the constant efforts made by the UN and member states, many other intergovernmental organizations, NGOs, civil societies, academic agencies, etc. have been involving themselves in the progress or development of international law in one way or another. Though the Chinese discipline of international law is relatively young, it has been developing fast. The discourse of Chinese international law should have a place in the development of contemporary international law and such a place should become one of growing influence.

However, it is true that however developed international law might be, its practical role in regulating international relations, maintaining international peace and security and promoting global economic and social development would be significantly reduced if its room for application were limited. Being fully aware of the issue, the UN Secretary-General has launched a movement calling for the UN member states to sign, ratify or accede to a large number of listed multilateral treaties so as to promote the broad application of these important treaties and international law, during the general debate of the General Assembly each year since the Millennium Summit in 2000. At the same time, the Secretary-General approved the Strategy for an Era of Application of International Law: Action Plan.[8] The CILD can play its part in promoting the broad application of international law in China as well as in the world through the comprehensive and timely dissemination and spread of multilateral treaties and of knowledge and information about contemporary international law and awareness of its importance.

2. Promoting the teaching, research and dissemination of contemporary international law

The extent of consciousness, breadth of dissemination and quality of teaching and research in international law in a society are directly related to the scope of its effect and its effect on the people, thus resulting in an impact on realization of the values of international law and its social functions. Bearing in mind the importance of these concerns, the General Assembly adopted a special resolution in the middle of the 1960s, initiating the UN Program of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.[9] Since then, the General Assembly adopted a resolution to continue the Program annually until the Twenty-Sixth Session; from then, it has done so every two years.

The most fundamental, direct and extensive function of CILD is to promote national and world-wide teaching, study and dissemination of international law by the following means: (1) to transfer the basic knowledge, theories and techniques of international law into university textbooks, reading materials and courses through the expression of CILD, fostering an elite in international law; (2) to utilize CILD to study the frontier issues of contemporary international law both in theory and practice as well as important international legal issues involved in China’s peaceful development, bringing about the flourishing of research in international law with Chinese characteristics and improving the level of international law studies in China; (3) to train government officials at all levels, legal professionals and senior managers in CILD, and to disseminate contemporary international law with CILD both at home and abroad through the publication of the outcomes of international law research by Chinese international law scholars and their lectures or essays, delivered both internally and externally, thus globally spreading contemporary international law.

3. Promoting the progress of the rule of law in China

The promotion of the rule of law at international and national levels is becoming a core value of contemporary international law and an important agenda of the UN. Since its implementation of the reform and opening up policy, particularly in recent years, China has been endeavoring to enhance its own construction of the rule of law under the strategy of governing the country by law. In such a context, the contemporary construction of CILD should take into full consideration its role in the progress of China’s rule of law. More specifically, it should increasingly exert its influence in the whole process of the rule of law in China. Firstly, in the dimension of the rationale, it is necessary to establish a correct and complete concept of the rule of law in this country, realizing that the term “law” in the concepts of “governance of the nation by law” and “administration according to law” does not only refer to “Chinese law,” but should also include “international law.” Secondly, the Chinese legislative, executive and judicial organs must precisely grasp the nature and characteristics of relevant principles and rules of international law and appropriately handle the relationship between related domestic and international laws and their application. In addition, measures should be adopted to strengthen understanding and knowledge of international law by actors in the market economy and civil society so that they can protect their own rights and interests, if the case arises, utilizing the rules and procedures of international law.

4. Maintaining China’s interests, especially its core interests

The conception of national interest was formulated when the nation-state arose in modern Europe. Since then, the concept may have different implications or emphases at different times. The essence and primary purpose of international law, as the law regulating international relations, is to maintain the common interest of all nations, which is composed of the individual interests of each nation. Of course, the interests of states cannot be completely the same, and may sometimes be very different, or even in conflict, eventually resulting in armed conflicts. Therefore, the common interest maintained by international law is in essence the coordination of the interests of all states. When it scientifically presents common inter-state interests and the common interest of mankind, a nation’s contemporary construction of international law discourse is deemed to be consistent with this nation’s own interests, particularly the needs of its core interests, otherwise international law discourse would lose the characteristics of individual states. It should be taken for granted that CILD must unambiguously protect China’s national interests, particularly its core interests, in its contemporary formulation. The core interests of China should include but not be limited to the maintenance of China’s fundamental system, national security, national sovereignty, territorial integrity and sustainable and stable economic and social development.[10]

5. Improving the international image and status of China as a responsible big country

As the largest developing country in the world, China has been steadily improving its international image and status with the gradual increasing of its comprehensive national capacity since the implementation of the reform and opening up policy. The discourse power and influence of China in international affairs have risen and are growing ever stronger, whether seen in its role in the UN collective security system, in building regional security mechanisms and coping with regional hot issues, in the affirmation and realization of the UN Millennium Development Goals, in promotion of the Doha Development Agenda, in coping with the global financial crisis and global climate change, or in attacking international terrorism, pirates, etc.

With this as its mission, the contemporary construction of CILD should continue to improve the international image and status of China as a responsible big country. More specifically, CILD, through its own creative and scientific construction, should lead the progress-oriented development of contemporary international law, influence decision-making on important or key issues in multilateral and regional systems and provide a theoretical think tank and practical advice for the formulation and implementation of China’s foreign policies or strategies.

IV. Conclusion

To sum up, we can reach some preliminary conclusions as follows:

Firstly, contemporary CILD is the foundation and core of a contemporary international law discipline with Chinese characteristics, style and manner. Only if the construction of CILD is carried out in a scientific and systematic manner and keeps pace with the times will the Chinese international law discipline be formulated in exactly the same way.

Secondly, contemporary CILD must, on the one hand, precisely, comprehensively and completely express and disseminate the principles, rules, regulations and mechanisms of international law and its nature as well as its core values, basic conceptions, key terms, mainstream theories or doctrines and representative views, etc. At the same time, it should adequately and in a timely fashion present the creative contributions made by China to international law and its discipline and discourse since 1949, particularly in the most recent thirty years of China’s reform and opening up policy.

Thirdly, the contemporary construction of CILD must be based on the most advanced rationale as its guideline. Such a rationale is “building a harmonious world,” first proclaimed by China. The concept of “a harmonious world” reflects the common wishes and voices of international society, expresses the common perspective of mankind and indicates the sacred mission of contemporary international law.

Fourthly, the contemporary construction of CILD overall should cover the four basic levels of international rule of law and Chinese foreign policies, namely, domestic, multilateral, regional and bilateral levels. The contents, scope and character of CILD in these four basic levels may vary, but they interact, influence and complement each other.

Fifthly, the construction of contemporary CILD should be conducted according to and adapting to a number of basic principles, orders and tendencies, such as the fundamental norms of international relations and international law, globalization and multilateralism, regional integration and regionalism, international community obligations (or rights) and the needs of China’s peaceful development, etc.

Last but not least, the construction of CILD should have its functions scientifically defined. This author would like to locate its functions as promoting the continuous development and broad application of contemporary international law, enhancing the teaching, study and dissemination of contemporary international law at home and abroad, advancing the progress of China’s rule of law, protecting China’s national interests, particularly its core interests, and improving the international image and status of China as a responsible big country.

【Notes on contributor】
Zeng Lingliang is a Changjiang (Cheong Kong) Professor at Wuhan University specially appointed bythe Chinese Ministry of Education, Director of Institute of International Law (a Key National Research Base), Wuhan University, Member on the Indicative List of Panelists of WTO DSB and President of the Chinese Society of European Legal Studies. His research fields are focused on WTO Law, EU Law and Public International Law and their interactions with China. His representative monographs are European Community and Modern International Law (欧洲共同体与现代国际法, Wuhan: Wuhan University Press, 1992), The Law of the World Trade Organization (世界贸易组织法, Wuhan: Wuhan University Press, 1996), and Fundamentals of EU Law in the Perspective of a Constitutional Treaty for Europe (欧洲联盟总论——以欧洲宪法条约为新视野, Wuhan: Wuhan University Press, 2007). His recent influential articles are “The Humanizing Tendency of Modern International Law” (现代国际法的人本化趋势, Zhongguo Shehui Kexue [中国社会科学], 2007, no. 1), “A Preliminary Perspective of Negotiations of EU-China PCA: A New Bottle Carries Old Wine or New Wine or Both?” (European Law Journal, vol. 15, 2009, no. 1), “Contemporary Construction of Chinese International Law Discourse” (中国国际法学话语体系的当代构建, Zhongguo Shehui Kexue, 2011, no. 2). Mailing Address: School of Law, Wuhan University, Wuchang District, Wuhan; Postcode: 430072. Tel.: 86-27-68756836. Fax: 86- 27-68752157. E-mail: #p#分页标题#e#zenglliang@yahoo.com.cn.

【References】
 Cassese, Antonio. International Law, 1st edition. Oxford: Oxford University Press, 2001.
Hu, Jintao. Hold High the Great Banner of Socialism with Chinese Characteristics and Strive for New Victories in Building a Moderately Prosperous Society in All Respects—Report to the Seventeenth National Congress of the Communist Party of China. (高举中国特色社会主义伟大旗帜，为夺取建设全面小康社会新胜利而奋斗——在中国共产党第十七次全国代表大会上的讲话). Beijing: People’s Publishing House, 2007.
Shaw, Malcolm N. International Law, 5th edition, photocopied edition. Beijing: Peking University Press,2005.
Zeng, Lingliang. “The Harmonious World from the Perspective of Contemporary International Law” (当代国际法视角下的和谐世界). Law Review (法学评论), vol. 4, 2008.
Zeng, Lingliang. “On the Mutual Influence and Effect of China’s Peaceful Development and International Law” (论中国和平发展与国际法的交互影响和作用). China Legal Science (中国法学), 2006, issue 4.
—Translated by the author from Zhongguo Shehui Kexue (中国社会科学), 2011, no. 2 Revised by Sally Borthwick

【注释】
1　Hu Jintao, Hold High the Great Banner of Socialism with Chinese Characteristics and Strive for
New Victories in Building a Moderately Prosperous Society in All Respects—Report to the Seventeenth
National Congress of the Communist Party of China, pp. 46-47.
2　Malcolm N. Shaw, International Law, p. 41.
3　Zeng Lingliang, “The Harmonious World from the Perspective of Contemporary International Law.”4　Antonio Cassese, International Law, p. 86.
5　Retrieved from http://zh.wikipedia.org/zh-cn/%E5%A4%9A%E9%82%8A%E4%B8%BB%E7%BE%A9, August 2, 2010.Zeng Lingliang 85
6　Zeng Lingliang, “On the Mutual Influence and Effect of China’s Peaceful Development and International Law,” p. 119.
7　Ibid.Zeng
8　Retrieved from http://www.un.org/law/technical/technical.htm, August 3, 2010.
9　UNGA Resolution 2099 (XX), December 20, 1965.
10　Refer to State Councilor Dai Binguo’s remarks at the first round of the Sino-American Economic Dialogue, July 29, 2009. Retrieved from http://www.chinanews.com.cn/gn/news/2009/07-29/1794984.
shtml, August 3, 2010.