浅议中国近代国际法学家与中国外交——以刘师舜为例

A Brief Discussion on the Chinese International Jurists and China's Diplomacy in Modern Times——Taking LIU Shishun as an Example

中国近代国际法的移植与发展,以《万国公法》的翻译传播为端绪。从同文馆到译学馆、从圣约翰大学到清华留美预备学校,这些致力于培养洋务交涉人才的机构往往更加重视国际法教学和实际应用。圣约翰大学政治学科的教学模式,便体现了国际法与外交实践的紧密联系,其经验后来被复制到清华办学当中,使清华继圣约翰之后成为培养国际法学家和外交家的摇篮。以刘师舜为代表的清华外交官群体,大多都有留美学习国际法并获得公法博士的专业背景,归国后又多服务于外交界,身兼国际法学家与外交家的双重角色,实现了国际法理论与外交实践的高度契合。

The transplantation and development of international law in modern China starts from the translation and dissemination of the ＂Elements of International Law＂. From school of combined leanaing to school for training students in foreign languages, from St. John＇ s University to Tsinghua Preparatory School for studying in the United States, all these institutions devoted to training talents in foreign affairs negotiation often pay more attention to the teaching and practical application of in- ternational law. The teaching mode of the political discipline at St. John＇ s University reflects a close connection between international law and diplomatic practice, which is later copied by Tsinghua Uni- versity. And Tsinghua University became the cradle of international jurists and diplomats after St. John. Most of the diplomats group from Tsinghua University represented by LIU Shihshun has a pro- fessional background in studying international law and obtaining a Ph. D. in public law in United State. After returning to China, they mainly serve in the diplomatic circle and wander between the dual roles of intenaational jurists and diplomats, realizing a high degree of correspondence between the theory of international law and the practice of diplomacy.