International Law and International Discourse

Abstract

International law is not only a system of rules, but also a set of discourse system. In this sense, the international law discourse plays an important role in the daily life as criteria for the assessment of legality and legitimacy on state behavior. Concerned with the concept of discourse, it contains two meanings, which are the right to speak, and the power to speak, which is, the power to influence other countries and people. International law is composed of some concepts, principles, rules and procedures, etc. It is a discourse in itself, a legal discourse and a universal discourse. Therefore, the language of international law is understandable to all, and it is the common discourse of communication in the international community. The discourse of international law can form the user’s unique views and understandings of international law. It is a kind of legal discourse with subjectivity and communication. Discourse is the process and result of language use, which is dynamic and concrete. Discourse has power, and its power comes from the interaction of relations between its communicators. Each process of discourse use will inevitably become a tool to exercise, regenerate or subvert power. The use of discourse dominates the position of the parties in social relations. Discourse patterns also effectively regulate the expression of others, just as the critical linguistics says, “It is not we who speak, but the discourse that speaks”. Discourse power is not eternal, but a dynamic process. In a specific historical period, people who have the right to speak will constantly reaffirm and strengthen their power, while those who have no right to speak or have little right to speak will always try to fight for some power. In the international community, the power of discourse is always won, used, maintained or lost in the process of cooperation and struggle.