China, the Cold War, and International Law

Abstract This chapter argues that, despite varying degrees of self-isolation throughout different periods, the PRC has maintained a relatively stable approach to international law. This approach combines Westphalianism, instrumentalism and idealism. Focusing on the Cold War period, it provides a historical overview and explores the ‘change of mindset’ in China’s approach to international law and its underlying rationale, focusing on the effects of the Common Programme and the Sino–Soviet Treaty. It analyses the evolution of academic thought and legal discourse on international law during the Cold War. It addresses the emergence of the Five Principles of Peaceful Coexistence, positioned within and extending beyond traditional Westphalian international law principles. It then examines the implications of international law regarding China’s handling of territorial disputes during the Cold War, and investigates the international law aspects of China’s relations with the Third World.