The rise of China and the strategy of universality of international law

The idea of universality significantly influences the spirit, structure, and direction of international law. The Western world initially expounded and then imposed and diffused the concept that international law represents a global system of law that is universally applicable and binding on all states. This notion survived two successive major waves of reshaping in the twentieth century; firstly, by the Soviet block and; subsequently, by post-colonial developing states. The Western concept of universality has now encountered the third wave of contestation, as China begins to exert its influence over the international legal order. To examine the relationship between China and international legal order, a broad perspective of universality is needed. China is demonstrating its own strategy toward universality, embracing its own subjective variant and arguing in favor of inclusivity for various interpretations of universality. This stance represents a major pathway through which China can pursue its efforts to reshape global perceptions of universality in the context of international law. In response to China’s strategy, the Western world appears to have three potential options to more effectively engage a rising China: return to the West’s parochial concept of universality; reform the parochial concept of universality, or invent a new form of universality. Unless China and the Western world strike a compromise on their conceptions and strategies related to universality, we might witness another episode of power politics and an ideological competition over international law. © 2021, The Institute of International and Strategic Studies (IISS), Peking University.