Social Sciences in China (Chinese Edition)

No. 1, 2023

 

On “International Law-Based International Order”

(Abstract)

 

Cai Congyan

 

In recent years, some countries are advocating a ‘rules-based international order’ (RBIO). But they do not clarify whether the ‘rules’ mentioned in the RBIO refer to ‘international law,’ nor do they elaborate their related idea about it. In fact, the various legal practices they are taking shows that what they are pursuing is substantially the supremacy of domestic law over international law, regional international law over global international law, and the pan-politicization of international law. Such an idea of rules undermines the role of international law in the international order and runs counter to the requirements of the times demanding improved global governance and the promotion of a more just and reasonable international order. In contrast, China advocates an “international law-based international order (ILBIO)” to correct the wrong idea of RBIO. Following ILBIO means that we should recognize the role of international law as the authoritative system of rules governing international relations and guarantee the central role of the Charter of the United Nations, while not excluding the role of other rules in the international order as long as they are not contrary to international law.