Constraining the Use of Force: A Chinese Project in International Law?

In-person event

Over the course of decades, the People’s Republic of China has consistently expressed a relatively strict interpretation of core legal norms constraining the use of force. These include its positions on Article 2(4) of the UN Charter, the customary international law of self-defense, and controversial topics such as humanitarian intervention or the “unwilling or unable” doctrine.

Part of this advocacy involves a claim that China is a uniquely peaceful great power; a notion often rooted in exceptionalist language regarding traditional Chinese civilization. In reality, however, the origins of China’s stances on the use of force can be traced to a specific set of experiences and initiatives beginning at the turn of the 20th century and extending to the present. In turn, a more granular understanding of the history of Chinese views on the use of force facilitates better comprehension of the current parameters of the Chinese jus ad bellum.

Ultimately, the nuances of China’s modern practice reveal a “zone of legalism” for restricting war and warlike uses of force, combined with a “zone of struggle” including various forms of de minimis force, intervention, and reprisal. Amidst continued lack of global consensus on key aspects of the use of force, China’s distinct model may increasingly influence customary international law.

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Registration

Complimentary, however registration is essential.

Register here

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About the speaker

Ryan Martínez Mitchell is an Associate Professor of Law at the Chinese University of Hong Kong.

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Tuesday 15 October 2024

Time: 6-7.30pm

Venue: Sydney Law School, Common Room, Level 4, New Law Building (F10), University of Sydney, Camperdown campus

CPD Points = 1.5

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This event is proudly co-presented by the Julius Stone Institute of Jurisprudence and the Sydney Centre for International Law at The University of Sydney Law School.