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In essence, “legal diplomacy” refers to diplomatic activities guided by rule-of-law thinking, employing legal means and procedures to manage foreign relations and international affairs.

The term “international rule of law” denotes the concept of pursuing and promoting rule-of-law principles within the international society, aiming to establish and adjust a reasonable and just international order based on legal norms.

Clearly, there is a significant overlap between “legal diplomacy” and the “international rule of law”, though they are not entirely synonymous.

Both share certain fundamental characteristics: Multilateralism — whether in legal diplomacy or the international rule of law, participation by multiple states, regions, or international organizations being essential to formulate and uphold common legal rules that maximize shared interests; Cooperativeness — driven by a strong spirit of collaboration, seeking common ground while shelving differences and bearing in mind the overall situation to achieve win-win outcomes; Equality — all parties enjoying equal status and the right to express their views and safeguard their interests, aiming for genuine fairness; and Universality — rooted in the common interests of humanity, seeking to transcend narrow domestic perspectives and promote peace and prosperity on a global scale.

Specifically, the fundamental principles of the international rule of law constitute an important component of the theoretical framework underpinning legal diplomacy, while the implementation and enforcement of the international rule of law form the core of the practical system of legal diplomacy. Legal diplomacy, grounded in international law, advances the vision of the international rule of law and fosters the orderly and sound development of the international society. Conversely, the extensive practice of legal diplomacy continually enriches and refines the international legal system.

As for actors responsible for implementation, just as states remain the primary subjects of international law, states and international organizations principally advocate and enforce the international rule of law. In contrast, legal diplomacy involves a more diverse range of actors, including ministries such as the Ministry of Foreign Affairs, legislatures (the National People’s Congress), judicial departments, law schools, research institutions, bar associations, and legal experts and scholars.

In fact, the “law” in the international rule of law specifically refers to “sound international law”—norms expected to be followed as they embody positive values such as humanism, harmonious coexistence, and sustainable development, and which possess normative legal form characterized by rigorous logic and a coherent system. The “rule” component denotes a democratic and transparent international legislative process, supported by strict and effective supervisory mechanisms for monitoring compliance with international law. Collectively, these elements provide the foundation and guarantee for the effective practice of legal diplomacy within the international society.

There are varying interpretations of the term “international society”, and it is sometimes confused with the concept of “international community”. Generally, the international society refers to the collective of political and economic actors worldwide interacting frequently to pursue their respective interests. Its defining essence, as a Roman law maxim states, is that “Where there is society, there is law” Thus, the “rule of law” is at the core of both legal diplomacy and the international rule of law.

In today’s international society, while sovereign actors pursue their maximal interests without inherent limits, the Earth’s resources are finite. To prevent a return to a law-of-the-jungle situation, it is essential to conduct international mediation through effective legal diplomacy and to impose legal constraints via the rigorous international rule of law.

As an emerging major power continuously growing within the international society, China must seize the opportunity to properly manage both legal diplomacy and the international rule of law and to achieve their effective integration, thereby playing a unique and significant role amid the profound global changes unseen in a century.