Charting the Principle of the Open Door from Diplomatic Notes to Public Law

Abstract

The Open Door Notes comprise political and legal aspects. It was enunciated first in 1899 and then in 1900 by John Hay, the U.S. Secretary of States. As the diplomatic circular notes, they aimed to urge all other foreign powers involving China to respect its existing administrative and territorial integrity while protecting all privileged rights and interests of all foreigners under the principle of equal and impartial trade with China. Yet, the prevailing treaties concluded between foreign powers and China had not only trespassed on the latter’s sovereignty, but also defined the “legitimate” political order among themselves in China and with the Chinese Empire. Over time, its nature had been addressed in different ways that had given rise to a debate encompassing the Open Door from diplomatic notes to public law until 1922 when the Nine-Power Treaty was finalized at the Washington Conference. This article explored the trajectory of the Open Door as it had through diplomatic negotiations prevented the partition of China among the foreign powers while legally regulating their political and economic interplays in the country. Methodologically, it examines the Open Door in the light of the declassified primary sources (two circular notes and nine-power treaty) backed up by the noted scholars’ discourses on the issues.