Critical Analysis on Intercivilizational Perspective of InternationalLaw

Abstract

The intercivilizational perspective of international law prefers the diversified civilizations. However, it believes that the 1895 Treaty of Maguan or Shimonoseki between China and Japan had a tremendous significance in world history to end the Sinocentric tribute system, and resulted in the birth of global international law. This article points out that the 1895 Treaty was actually the beginning of Japanese colonies in Asia and to be an imperialistic country until defeated in the second world war. Underlying this perspective, we may find the misunderstandings on some issues such as the evolutionary Chinese civilization with the tribute system, the very beginning of modern international law with the dualistic aspects, and the Chinese attitude towards the contemporary international law. Considering the necessary reflection on the historical events and promotion of further discussion on the intercivilizational perspective of international law, this article intends to make a critical analysis on these issues accordingly.