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In a nutshell, “legal diplomacy” refers to diplomatic activities that handle foreign relations and international affairs with a legal mindset, through legal means and procedures.

The so-called “international rule of law” refers to the concept of pursuing and promoting the principle of the rule of law in the international community and striving to build and adjust a reasonable and just international order based on legal norms.

While “legal diplomacy” and “international rule of law” demonstrate a high degree of conceptual convergence, they remain substantively differentiated.

Obviously, “legal diplomacy” shares some of the same characteristics with both. For instance, it is multilateral — whether it is legal diplomacy or international rule of law, the participation of multiple countries, regions or international organizations is required, and common legal rules are formulated and observed to maximize common interests; it is cooperative — driven by a strong spirit of cooperation, seeking common ground while reserving differences, and considering the overall situation, so as to achieve a win-win situation; it is equal — all parties have an equal position and share to express their views and safeguard their rights and interests, in order to achieve truly fair results; and it is global — transcending the narrow perspective of domestic systems, the expectations and practices of the rule of law are based on the common interests of humanity, aiming to promote peace and prosperity worldwide.

Specifically, the fundamental principles of the international rule of law constitute a crucial component of the theoretical framework of legal diplomacy. Meanwhile, the implementation and enforcement of the international rule of law represent the core elements of its practical system. It can be stated that legal diplomacy, grounded in international law, advances the concept of the international rule of law and contributes to the orderly and sustainable development of the international community. Conversely, the extensive practice of legal diplomacy continuously enriches and refines the evolution of the international legal system.

Specifically, in terms of the entities responsible for implementation, just as states constitute the primary subjects of international law, the principal advocates and enforcers of the international rule of law are predominantly states and international organizations. However, the participants involved in legal diplomacy exhibit a diverse range, encompassing governmental agencies such as ministries of foreign affairs, legislative bodies (e.g., national parliaments or people’s congresses), judicial authorities, law schools, research institutes, bar associations, as well as legal experts and scholars.

In fact, the concept of “law” within the framework of the international rule of law should be understood as referring specifically to “good international law”—that is, international norms that are expected to be followed must be of high quality, embodying appropriate value objectives such as humanism, harmonious coexistence, and sustainable development, while also possessing a formal legal structure characterized by rigorous logic and a comprehensive system. The term “governance” in this context denotes democratic and transparent international legislative procedures, as well as stringent and effective mechanisms for the supervision of international law. These elements collectively constitute the foundation and guarantee for the effective implementation of legal diplomacy within the international community.

There exist multiple interpretations regarding the definition of the “international community,” which is frequently conflated with the concept of “international society.” At present, it is widely accepted that the term refers to a collective entity formed through continuous interactions among various political and economic actors on the global stage, aiming to pursue their respective interests. Nevertheless, its fundamental characteristic can be aptly captured by the Roman legal maxim: “Ubi societas, ibi jus” (“Where there is society, there is law”). This underscores that the principle of “rule of law” constitutes the core of both legal diplomacy and the international rule of law.

Within the international community, the pursuit of maximum national interests by sovereign states is inherently expansive, whereas the natural resources shared by humanity remain finite. To prevent such tensions from devolving into a “law of the jungle” scenario, it is essential to engage in effective legal diplomacy as a means of international mediation, and to establish binding legal constraints through a robust framework of international rule of law.

As an emerging major power that continues to develop and expand its influence within the international community, China must proactively seize this strategic opportunity to effectively integrate legal diplomacy with the principles of international rule of law, thereby playing a distinctive and significant role in the current global landscape, which is undergoing profound transformations unprecedented in a century.