On the evening of June 10, 2021, the Institute of International and Strategic Studies (IISS), Peking University (PKU) held the 52nd session of the “North Pavilion Dialogue” lecture series. Ms. Lai Huaxia, Assistant Professor of the School of International Studies (SIS), Peking University (PKU), gave a lecture titled “‘Abandoned and Rediscovered’ - On the Tradition of International Law in the Study of International Relations”. The lecture was hosted by Mr. Gui Yongtao, Vice President of the IISS, PKU and Vice President of the SIS, PKU.

Ms. Lai Huaxia first introduced the tradition of international law within the discipline of international relations. She pointed out that the origin of international relations as an academic discipline was rooted in turbulent Europe-centered international relations in the first half of the 20th century, and developed on a profound basis of diplomatic history and international law. However, following the end of World War II, the failure of international law to effectively prevent the outbreak of World War II called its effectiveness into question; on the other hand, there had been a shift of focus in the power structure of international relations from Europe to the United States, characterized by a complete diminution of traditional Euro-centrism and a continuing rise of American-centrism. Given such a context, the study of international relations constantly evolved to demonstrate potential attributes to become a distinct academic discipline with all its distinctive parameters, which consequently called for a clear distinction between the study of international relations and the study of law and history. As a result, the discipline of international relations has developed into a distinct branch of political science of its own, and become separate from the study of international law. Since the end of the 1980s, however, international law has regained its heightened significance in the field of international relations, a phenomenon that has been facilitated by the neoliberal international order advocated by the United States, the proposal of the concept of “global governance”, the strategic competition between major powers and the escalation of “legal warfare” in recent years. 

Ms. Lai Huaxia then turned her perspective to China. She further noted that international law has not only become a core element of China’s foreign diplomacy since the late Qing dynasty in the late modern period, as evidenced by the initiation of unequal treaties in the late Qing dynasty, the mass civil movements calling for the abolition of unequal treaties along with the “treaty revision diplomacy” during the ROC (Republic of China) era, and China’s accession to major international bodies in the modern era, but also a key framework of reference for the establishment of modern-day China. Therefore, the study of international law has well remained a key element in the development of the discipline of international relations in China in the previous ROC era and the current modern-day PRC (People’s Republic of China) era alike. Since the late 1970s, the study of international relations in China has, in particular, prioritized its own development into a distinct academic discipline separate from the study of diplomatic history and international law, as well as the pursuit of the “theorization” and “scientificity” of academic research. Ms. Lai Huaxia further argued that such exclusion of tradition of international law tradition from the study of international relations, through division into more academic branches, is an act of misreading of the complex nature of international relations. In recent years, the significance of international law has been rediscovered and further manifested in the study of international relations, in terms of China’s diplomatic needs regarding related diplomatic issues, including the South China Sea Arbitration, the Sino-U.S. trade war, and the “Belt and Road” Initiative.

Based on the above analysis, Ms. Lai Huaxia further noted that there is a lack of balance in the integrative and interdisciplinary study of contemporary international law and international relations. The study of international law mainly features legal doctrinal analysis and normative analysis as its research methods, with an emphasis on reasoning and deduction; the study of international relations, on the other hand, underlines the use of social science research methods, with a focus on inductive research, which, in turn, has resulted in an imbalance and asymmetry in the interdisciplinary study of international law and international relations, as evidenced by the following aspects: first, there has long been an astrometry and loss of balance regarding the research methods, characterized by the prevalent practice of treating legal issues as cases of empirical studies; second, the theoretical application only features one-way reference to theories of international relations on topics concerning international law, whereas other aspects of basic theories of international law, such as theories on the natural law and empirical law, the uncertainty of international law and the dynamic evolution of international law, have been rarely cited or referenced.

In addition, Ms. Lai Huaxia also analyzed the political factors affecting the development of the interdisciplinary study of international law and international relations, noting that the current interdisciplinary studies on international law and international relations have closely followed the relevant research agendas of the United States for their own study of international relations. By constantly contributing to leading academic journals to propose better research agendas and maximizing the guiding role and influence of the publishing mechanism, American scholars have thus injected an intense neoliberal ideology into the current research agenda for the interdisciplinary study.

Finally, Ms. Lai Huaxia concluded that regarding the existing issues in the interdisciplinary study of international law and international relations, further advancement of the interdisciplinary studies calls for a deeper and more profound understanding of research methods and theories of international law.  

During the following Q&A session, Ms. Lai Huaxia had deep discussions and exchanged views with the faculty and students present on a series of topics, including China’s approach to proposing its own agenda of concern in the integrative and interdisciplinary study of international law and international relations, the differences between China and the West in their respective perceptions of international law, and the recent progress and findings in the study of international law studies. (Contributed by: Pan Lingzi) 

Editor: Li Fangqi   Photographer: Zheng Peijie