Critical Analysis of the Transcivilizational Perspective of International Law

The transcivilizational perspective of international law favors the coexistence of diversified civilizations. However, it also holds that the 1895 Treaty of Maguan or Shimonoseki between China and Japan carried immense significance in world history as it brought an end to the Sinocentric tribute system and resulted in the birth of global international law. This article indicates that the 1895 Treaty actually marked the onset of Japanese colonial expansion in Asia and Japan's transformation into an imperialistic nation until its defeat in the Second World War. This not only clarifies the historical facts, but also reveals certain academic insights. From this perspective, one can identify misunderstandings regarding issues such as the evolution of Chinese civilization with the tribute system, the dual-aspects origin of modern international law, and the Chinese attitude towards contemporary international law. These academic issues are integrated to highlight the true significance of the 1895 Treaty. In view of the necessity to reflect historical events and promote further discussion on the intercivilizational perspective of international law, this article aims to conduct a critical analysis of these issues accordingly.