6 - The Historiography of International Law in East Asia

Summary

In this chapter, the historiography of international law in East Asia is approached and critiqued as a tale of two centrisms, i.e. Sinocentrism and Eurocentrism. The historiography of international law in the region prior to the ‘encounter’ between East Asia and Europe has been largely Sinocentric. It is suggested that the traditional East Asian order be reinterpreted through the concept of ‘asymmetrical mutuality’ under which the regional actors of differentiated subjectivity were able to reconcile and manage their diverging interests through the crucial intermediary of diplomatic rituals. The historiography of the post-‘encounter’ period can be characterised as Eurocentric, being premised on the overwhelming positional superiority of Europe over East Asia. This traditional narrative is critically revisited (again) through the prism of ‘asymmetrical mutuality’. Despite Europe’s overwhelming dominance, East Asians articulated a wide variety of responses to the onset of a new normative discourse claiming universal validity, demonstrating their agency (if restricted). Critical engagement with Eurocentrism in the historiography of international law, one of the core questions of today’s historiography of international law, inevitably gives rise to the question of how to view universality. As a cautionary tale from this region, an attempt in interwar Japan to construct its own historiography of international law and relations by rejecting the universality articulated by the West (a ‘historiography of Sonderweg’) is investigated. By way of conclusion, it is suggested that the history of international law be reconceived as the fusing together of diverse normative voices through an intersubjective dialogue based on mutual recognition, rather than as the self-realisation of a certain universalistic normative discourse.