POLITICAL AND LEGAL DEVELOPMENT AND INTERNATIONAL LEGAL POLICY IN CHINA IN THE FIRST HALF OF THE XX CENTURY

The period from 1911 to 1949 was a time of «assembling» China as a state. During this time, it tried out different forms of government and territorial organisation and different ideologies, are experienced different foreign policy strategies: isolationism, orientation towards the West and cooperation with the USSR. The result was a choice in favour of a republic, unitarism and communism (all with distinctly Chinese characteristics) and the formation of patterns that shape the domestic and international policies of China. The article describes the process of development of the Chinese state and emphasises events related to international law. The above period is divided into two parts: the period of political turbulence preceding the Japanese aggression (1911–1931) and the period of relative consolidation caused by this aggression (1931–1949); it also examines the state of Chinese international law doctrine, the circumstances of the secession of Mongolia and the relationship between China and Tibet. The author draws a number of conclusions. First, in the above period China resolved four challenges at once: China overcame dependence on foreign states, abandoned the old feudal system in favour of a republic, overcame regional fragmentation and resolved class contradictions. Second, the institutions of the modern Chinese state were formed as a response to the challenges faced by the Chinese people. Third, foreign policy objectives were only partially fulfilled: China managed to abrogate unequal treaties and partially restored territorial integrity, but was unable to effectively counter Japanese aggression. Fourth, the experience of the above period shaped China’s foreign policy strategies: self-sufficiency, instrumentalism, etc. Fifth, China’s transformation has generated a number of new problems related to self-determination, isolationism and reception of law.