国际法东渐及其对近代中国疆界的影响刍议

A Study of the Eastward Spread of International Law and its Influence on the Borders of Modern China

17世纪起,国际法传入中国,对中国的疆域变迁、边界问题产生重大影响。梳理国际法与中国疆域、边界的关系,重点分析国际法传入中国以来对我国疆土变迁、边界变动的影响,特别是1840~1949年间的影响,可以发现:一是国际法的内容、体系并非一成不变,各国在各个时期往往根据自身的利益,选择对自己有利的内容。20世纪20年代以前,列强仅仅是把它当作武力侵占别国领土的补充性工具,中国很难借助它维护国家主权和领土完整;二是1919~1949年中国开始参与国际法规则的制定,但在多种因素影响下,中国仍一再失利;三是中国与邻国边界谈判、划界时,历史依据与法理依据同样重要。

Since its introduction into China in the 17th century,international law began to exert a significant impact on China’s boundary changes and boundary issues.This paper briefly discusses the relationship between international law and China’s territory and boundaries and focuses on analyzing the impacts of international law on China’s territorial and boundary changes since it was introduced into China.,especially its influence from1840 to 1949.The paper then makes some points for consideration.First,the contents and system of international law are not immutable.Countries have tended to choose the contents that suit their own interests in dif ferent periods of time.Before the 1920s,foreign powers used it only as a supplementary tool to help them occupy by force the territories of other countries.China could hardly depend on it to safeguard national sovereignty and territorial integrity.Second,from 1919 to 1949,China began to participate in the formulation of international law rules,but it failed repeatedly to benefit from them for many reasons,Third,in China’s boundary negotiations and demarcation with its neighboring countries,the historical basis is just as important as the legal basis.