On the evening of November 18, 2024, Dr. Malcolm Jorgensen, Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, delivered a special lecture titled Political Framing in China’s Foreign Relations Law in the course The United Nations and International Organizations. Dr. Jorgensen received his PhD in International Law and International Relations from the University of Sydney and currently serves as a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law. The lecture was hosted by Assistant Prof. Lai Huaxia from the School of International Studies (SIS), PKU, with Prof. Liu Jingkun from China University of Political Science and Law serving as the discussant.

Dr. Jorgensen Lectures for Students

Dr. Jorgensen began by exploring the definition of international law and the role and ambiguity of law in international politics. He emphasized that international law is not merely a set of rules but also a political tool that reflects and serves national interests. Through legal language, states can shape the interpretation of international rules and influence global perceptions of specific events or policies. He particularly pointed out that China has recently employed legal discourse in its diplomatic policy and uses law as a medium to express its international strategy in multilateral settings. This phenomenon provides important insights into the intersection of international law and foreign policy. Using the analytical framework of “the ambiguity of legal regulation” and “the boundary between law and politics,” Dr. Jorgensen provided an in-depth analysis of China’s strategic practice within the international legal order.

Lecture Overview

In the first part, Dr. Jorgensen analyzed the legal articulations of the “Rules-Based Order” and the “Multipolar International Order” to reveal how international law serves as a political instrument. He noted that the “Rules-Based Order” is a concept long advocated by Western countries, aiming to maintain the status quo based on the existing international legal and regulatory framework. However, the meaning of this order is often ambiguous and selective in its combination of international law and political power. In contrast, the “Multipolar International Order” reflects emerging powers’ efforts to redefine the global order through international law. Dr. Jorgensen further explained how China has recently shaped this “multipolar order” through legal frameworks, enhancing its participation and discourse power in global affairs. He emphasized the crucial role legal discourse plays in constructing these two orders and how the legitimacy of “international rules” reflects political competition among states. This offers a unique perspective to understand how China uses international law to shape global discourse power.

Classroom Scene

In the second part, Dr. Jorgensen focused on China’s Foreign Relations Law enacted in 2023 and provided a detailed interpretation of its key provisions. He highlighted the law’s redefinition of “Fundamental Norms Governing International Relations.” These norms include not only traditional international legal rules but also China’s diplomatic principles such as “mutual respect,” “fairness and justice,” and “win-win cooperation.” Moreover, by analyzing the relationship between legal and non-legal norms, Dr. Jorgensen pointed out that the law clarifies China’s unique approach to combining legal instruments with political values in handling international affairs. This legislative act responds to the existing international legal system and demonstrates China’s ability to construct its diplomatic policy legitimacy through legal language in multilateral venues.

Prof. Liu Jingkun’s Commentary

During the discussion session, Prof. Liu Jingkun from China University of Political Science and Law highly praised Dr. Jorgensen’s lecture and offered an in-depth analysis of the core content of the Foreign Relations Law of the People's Republic of China (2023). Prof. Liu pointed out that the law introduces the concept of “fundamental norms,” providing China with theoretical support in a decentralized international legal system. This concept has no fixed meaning and requires dynamic interpretation within the contexts of international law and politics, enabling China and other countries to jointly promote the legalization of international relations. Prof. Liu also emphasized the law’s bridging role between domestic and international levels, furnishing legal grounds for China’s foreign affairs and injecting new vitality into global governance and rule innovation. She expressed the expectation that through further refinement of the theory and practice of “fundamental norms,” China is poised to make significant contributions to building a new generation of international legal order.

Interaction between Dr. Jorgensen and the Audience

Dr. Jorgensen’s lecture not only provided students with innovative theoretical frameworks but also inspired their deep understanding of the political function of international law through real cases. During the interactive session, students actively asked questions regarding the enforcement mechanisms of China’s foreign relations law and differences between Chinese and American legal cultures. The lecture concluded with warm applause.

As a renowned scholar in international law and diplomatic policy research, Dr. Jorgensen brought fresh research perspectives and methodological inspiration to PKU students. This lecture deepened their understanding of international law and rule politics and enriched academic material for exploring China’s role in the international legal system.

Written by: Fang Ronghan
Photo by: Fang Ronghan
Edited by: Lai Huaxia