diplomatic system based on the principle of sovereign equality.

Professor of Law, Wuhan University, Wuhan, China

The Confucian world view in China was based on the concept of the Celes- tial Empire of China and embodied in the Tributary System. The Chinese view could not fit into the equal international relationship asserted among European countries. In the mid-19th century, especially after the Opium Wars, international law embarked on a furious collision with Chinese tra- ditional Confucianism. Threatened by forces of Western powers, the Qing government had no choice but to come to compromise with the Western powers. Consequently, the Confucian world order based on the Celestial Empire of China collapsed and Chinese officials and scholars began to learn, accept and apply international law.

Introduction

Due to its special history and culture, China did not build a diplomatic system based on the principle of sovereign equality. The Confucian world view based on the concept of the Celestial Empire and the Tributary System lasted until the mid-19th century. The Opium War (1839–1842)1 not only

* Ph. D. E-mail: [email protected]. 1) From the late eighteenth century, Britain began to export opium to China. In 1838 more than 40000 chests of opium were exported to China. In consequence, opium flooded China and the Qing Government fell into a severe financial crisis because the outflow of silver caused its soaring price. In the end of 1838, Emperor Daoguang sent Mr. LIN Zexu as the imperial missioner to ban opium in Guangzhou. In June, 1840, the British government,

Journal of the History of International Law 13 (2011) 285–306

286 Yang / Journal of the History of International Law 13 (2011) 285–306

forced China to learn about the modern international relations, but also forced a way for international law, a European norm of a new international relationship, into China. From then on, international law began to collide as well as integrate with Chinese traditional Confucianism.2 Threatened by the force of Western powers, the Qing government had no choice but to come to compromise with Western powers. Consequently, the Confucian world order based on the Celestial Empire of China collapsed and Chinese officials and scholars began to learn, accept and apply international law. Meanwhile, although the Qing Government had been forced to enter into the international community and an international legal system, international law played little role in China’s foreign relations. Instead the Unequal Treaty Regime played an important role.

This article includes four sections. Section I is an introduction to the Chinese Confucian world order regime, centered on the Celestial Empire of China and the Tributary System. Section II discusses the collision between modern international law and Chinese traditional Confucianism regarding world order, international relations, foreign trade and treaty regime. Section III discusses the integration of modern international law and Confucianism, including the introduction of modern international law into China, the Unequal Treaty Regime and the Tsungli Yamen (Office of Foreign Affairs). Section IV offers a tentative conclusion that the collision between western