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In general, “legal diplomacy” refers to diplomatic activities that employ a rule-of-law mindset and utilize legal means and procedures to handle foreign relations and international affairs.

“International rule of law” denotes the pursuit and promotion of the principles of the rule of law in the international community, aiming to construct and adjust a reasonable and just international order based on legal norms.

Clearly, “legal diplomacy” and “international rule of law” share significant overlap, yet they also differ.

Both possess certain properties, such as multilateralism—whether it is legal diplomacy or international rule of law, both require the participation of multiple countries, regions, or international organizations to maximize common interests by formulating and adhering to shared legal rules; cooperativeness—driven by a strong spirit of cooperation, seeking common ground while reserving differences, and prioritizing the overall interest to achieve mutual benefits; equality—ensuring that all parties have an equal opportunity to express their views and safeguard their rights, thereby achieving truly fair outcomes; and globality—transcending the narrow perspective of domestic systems, basing the expectations and practices of the rule of law on the common interests of humanity, and aiming to promote peace and prosperity worldwide.

Specifically, the basic principles of international rule of law constitute an important part of the theoretical framework of legal diplomacy, while the implementation and enforcement of international rule of law form the core of the practical framework of legal diplomacy. It can be said that legal diplomacy promotes the concept of international rule of law based on international law, fostering an orderly and positive development of the international community. Conversely, the extensive practice of legal diplomacy continually enriches and refines the formation of the international legal system.

Regarding the executing entities, just as states are the sole subjects of international law, the advocates and enforcers of international rule of law are primarily states and international organizations. In contrast, the subjects of legal diplomacy are diverse, including ministries such as the Ministry of Foreign Affairs, parliaments (National People’s Congress), judicial departments, law schools, research institutions, bar associations, and legal experts and scholars.

In fact, the “law” in international rule of law should specifically refer to “international good law,” meaning that the international norms expected to be followed are good norms that possess appropriate value objectives, such as conforming to humanism, harmonious coexistence, and sustainable development, while also having a rigorous legal form—logical coherence and a comprehensive system. The “governance” in international rule of law refers to its democratic and transparent international legislative procedures and strict and effective international legal supervision mechanisms. All these serve as the foundation and guarantee for effectively conducting legal diplomacy in the international community.

There are different interpretations of what constitutes the “international community,” often confused with the “international community of states.” Currently, it is generally believed that the international community refers to an integrated whole formed by various political and economic actors in the world who pursue their respective interests through frequent interactions. However, its essential characteristic is as the Roman legal maxim states: “Where there is society, there is law.” Clearly, “the rule of law” is the core of both legal diplomacy and international rule of law.

In the international community, the expansion of the maximum interests of each sovereign state is unlimited, while the resources on the Earth we share are finite. To avoid reverting to a state of nature marked by conflict, it is crucial to employ effective legal diplomacy for international mediation and rigorous international rule of law for legal constraints.

As an emerging major power continuously growing and strengthening in the international community, China must seize the opportunity to effectively harmonize legal diplomacy and international rule of law, thereby playing a unique and significant role in the profound transformations unfolding in the world today.