Abstract: Multilateralism is a fundamental and dominant institutional arrangement and value since World War ll, while international law has inseparable and intrinsic linkage to multilateralism. International law is the universal discourse of the international community, and multilateralism is a strong support for such universality. International law is intended to be a consent-based system of rules, and as such contemporary international law enshrines the essence of multilateralism. As an enforceable system of rules, international law can legalize multilateral arrangements, “crystallizing” states’ multilateral choices into legal obligations. The more mature the system of international law, the more solid the foundation of multilateralism. Within a certain scope and to a certain extent, multilateralism may be seen as constituting an international law obligation. This is not only because in certain areas of international law, such as international peace and security, international disputes settlement, and the “due regard” obligation , there have been specific rules mandating international cooperation, but also because a more general international obligation of “practicing multilateralism” might be established based on the international law's principles of sovereign equality and joint stewardship. Seen from the argumentative perspective, the research on and justification of “practicing multilateralism” as an (emerging) international law obligation is conductive to innovating Chinese international law theory and enhancing China's discursive power in the field of international law.

Key Words: Multilateralism, International Law, Sovereignty, Argumentative Approach, Global Community of Share Future

Authors: Liao Fan, Professor, Law School of University of CASS; Wang Hui, Ph.D. candidate, Law School of University of CASS.

Source: 1 (2024) Chinese Review of International Law.