Chinese Positions on Global Constitutionalism, Community of Common Destiny for Mankind and the Future of International Law

Abstract

Global constitutionalism is not only a hermeneutic device for understanding new developments in international law, but also represents a political agenda that argues for the further constitutionalization of international law. In a similar vein, the Chinese concept of a community of common destiny for mankind provides ideas for forward-looking political action to shape international law. The two discourses share the intention of providing master narratives for the development of the international legal order. This study analyses Chinese legal discourses and government statements that relate to elements of global constitutionalism and the community of common destiny in order to identify the values and structures of the future international legal order envisaged by China.

Keywords: Chinese positions on international law, global constitutionalism, community of common destiny for mankind

JEL Classification: K33