Download or read book Extraterritoriality in East Asia written by Ireland-Piper, Danielle and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
Download or read book Grounds of Judgment written by Par Kristoffer Cassel and published by OUP USA. This book was released on 2012-01-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps more than anywhere else in the world, the nineteenth century encounter between East Asia and the Western world has been narrated as a legal encounter. Commercial treaties--negotiated by diplomats and focused on trade--framed the relationships among Tokugawa-Meiji Japan, Qing China, Choson Korea, and Western countries including Britain, France, and the United States. These treaties created a new legal order, very different than the colonial relationships that the West forged with other parts of the globe, which developed in dialogue with local precedents, local understandings of power, and local institutions. They established the rules by which foreign sojourners worked in East Asia, granting them near complete immunity from local laws and jurisdiction. The laws of extraterritoriality looked similar on paper but had very different trajectories in different East Asian countries.Par Cassel's first book explores extraterritoriality and the ways in which Western power operated in Japan and China from the 1820s to the 1920s. In Japan, the treaties established in the 1850s were abolished after drastic regime change a decade later and replaced by European-style reciprocal agreements by the turn of the century. In China, extraterritoriality stood for a hundred years, with treaties governing nearly one hundred treaty ports, extensive Christian missionary activity, foreign controlled railroads and mines, and other foreign interests, and of such complexity that even international lawyers couldn't easily interpret them. Extraterritoriality provided the springboard for foreign domination and has left Asia with a legacy of suspicion towards international law and organizations. The issue of unequal treaties has had a lasting effect on relations between East Asia and the West.Drawing on primary sources in Chinese, Japanese, Manchu, and several European languages, Cassel has written the first book to deal with exterritoriality in Sino-Japanese relations before 1895 and the triangular relationship between China, Japan, and the West. Grounds of Judgment is a groundbreaking history of Asian engagement with the outside world and within the region, with broader applications to understanding international history, law, and politics.
Download or read book Extraterritoriality in East Asia written by Danielle Ireland-Piper and published by Edward Elgar Publishing. This book was released on 2021-07-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book Legal Imperialism written by Turan Kayaoğlu and published by Cambridge University Press. This book was released on 2010-04-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.
Download or read book The World Imagined written by Hendrik Spruyt and published by Cambridge University Press. This book was released on 2020-07-02 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking an inter-disciplinary approach, Spruyt explains the political organization of three non-European international societies from early modernity to the late nineteenth century. The Ottoman, Safavid and Mughal empires; the Sinocentric tributary system; and the Southeast Asian galactic empires, all which differed in key respects from the modern Westphalian state system. In each of these societies, collective beliefs were critical in structuring domestic orders and relations with other polities. These multi-ethnic empires allowed for greater accommodation and heterogeneity in comparison to the homogeneity that is demanded by the modern nation-state. Furthermore, Spruyt examines the encounter between these non-European systems and the West. Contrary to unidirectional descriptions of the encounter, these non-Westphalian polities creatively adapted to Western principles of organization and international conduct. By illuminating the encounter of the West and these Eurasian polities, this book serves to question the popular wisdom of modernity, wherein the Western nation-state is perceived as the desired norm, to be replicated in other polities.
Download or read book Extraterritoriality in China written by Foreign Policy Association and published by . This book was released on 1925 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law in the Long Nineteenth Century 1776 1914 written by Inge Van Hulle and published by BRILL. This book was released on 2019-09-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.
Download or read book Extraterritoriality written by Victor Fan and published by . This book was released on 2021 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining how Hong Kong filmmakers, spectators and critics wrestled with this perturbation between the Leftist Riots (1967) and the aftermath of the Umbrella Movement (2014), this book traces how Hong Kong's extraterritoriality has been framed: in its position of being doubly occupied and doubly abandoned by contesting juridical, political, linguistic and cultural forces. 'Extraterritoriality' scrutinises creative works in mainstream cinema, independent films, television, video artworks and documentaries - especially those by marginalised artists - actively rewriting and reconfiguring how Hong Kong cinema and media are to be defined and located.
Download or read book A Short History of South East Asia written by Peter Church and published by John Wiley & Sons. This book was released on 2017-03-13 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explore the fascinating history of south-east Asia A Short History of South-East Asia, Sixth Edition is the latest in a series of updated texts spotlighting this fascinating region. With revised chapters for all of the countries in this geographic area, this interesting text paints a remarkable overview of the characters and events that have shaped this part of the world. Founded upon a deeply perceptive observation of the late founding Prime Minister of Singapore Lee Kuan Yew, this book brings shape to the idea that 'to understand the present and to anticipate the future, one must know enough of the past, enough to have a sense of the history of a people.' With an approachable writing style and comprehensive content, this unique text was written for business readers interested in improving their understanding of this important region. With globalization continuing to gain momentum, south-east Asia is emerging as an important business sector for many industries. Not only does this open up professional opportunities, it exposes individuals in other parts of the world to the unique histories and cultures of the area. If you are interested in learning more about the region, this abbreviated text is a wonderful resource. Explore historic and political developments that have taken place throughout south-east Asia Quickly navigate text organized by country, allowing you to dive into the events that have shaped Brunei, Cambodia, East Timor, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam Gain an important global perspective, which can prove valuable on personal and professional levels Leverage your new understanding of the region's past to better understand its present and anticipate its future A Short History of South-East Asia, Sixth Edition is an abbreviated history of south-east Asia written with business readers in mind.
Download or read book The Lost Territories written by Shane Strate and published by University of Hawaii Press. This book was released on 2015-01-31 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a cherished belief among Thai people that their country was never colonized. Yet politicians, scholars, and other media figures chronically inveigh against Western colonialism and the imperialist theft of Thai territory. Thai historians insist that the country adapted to the Western-dominated world order more successfully than other Southeast Asian kingdoms and celebrate their proud history of independence. But many Thai leaders view the West as a threat and portray Thailand as a victim. Clearly Thailand's relationship with the West is ambivalent. The Lost Territories explores this conundrum by examining two important and contrasting strands of Thai historiography: the well-known Royal-Nationalist ideology, which celebrates Thailand's long history of uninterrupted independence; and what the author terms "National Humiliation discourse," its mirror image. Shane Strate examines the origins and consequences of National Humiliation discourse, showing how the modern Thai state has used the idea of national humiliation to sponsor a form of anti-Western nationalism. Unlike triumphalist Royal-Nationalist narratives, National Humiliation history depicts Thailand as a victim of Western imperialist bullying. Focusing on key themes such as extraterritoriality, trade imbalances, and territorial loss, National Humiliation history maintains that the West impeded Thailand's development even while professing its support and cooperation. Although the state remains the hero in this narrative, it is a tragic heroism defined by suffering and foreign oppression. Through his insightful analysis of state and media sources, Strate demonstrates how Thai politicians have deployed National Humiliation imagery in support of ethnic chauvinism and military expansion. He shows how the discourse became the ideological foundation of Thailand's irredentist strategy, the state's anti-Catholic campaign, and its acceptance of pan-Asianism during World War II; and how the "state as victim" narrative has been used by politicians to redefine Thai identity and elevate the military into the role of national savior. The Lost Territories will be of particular interest to historians and political scientists for the light it sheds on many episodes of Thai foreign policy, including the contemporary dispute over Preah Vihear. The book's analysis of the manipulation of historical memory will interest academics exploring similar phenomena worldwide.
Download or read book Extraterritorial Dreams written by Sarah Abrevaya Stein and published by University of Chicago Press. This book was released on 2016-06-10 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this text, Stein recounts the history of Sephardic and southeastern European Jews' experience of WWI, especially as it concerns the dizzying shifts in legal status so many experienced as the boundaries of the Ottoman Empire retracted, new states were created in its wake, and as Ottoman-born Jews living abroad found themselves "extra-territorial" subjects--citizens of no polity at a time when national identity and, even more, citizen papers, were of ever greater import to the modern world"--
Download or read book In Search of Southeast Asia written by David Joel Steinberg and published by University of Hawaii Press. This book was released on 1988-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six contemporary historians trace the development of distinctive cultural, political, and social institutions in Southeast Asia
Download or read book Americans in Eastern Asia written by Tyler Dennett and published by . This book was released on 1922 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Extraterritoriality in International Law written by Austen Parrish and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Download or read book Exporting Legality written by Mariya Tait Slys and published by . This book was released on 2014-02-10 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did two radically different legal cultures, those of the Ottomans and the Chinese, gradually acquire a legal architecture analogous to that of Europe? This Paper attempts to answer this question by providing a comparative study in legal history of the rise and demise of extraterritorial consular jurisdiction, utilizing a post-colonial and inter-disciplinary approach to international law. The study reveals that the establishment of consular jurisdiction during the nineteenth century was closely linked to the process of legal ‘modernization’ that affected many Asian and Arab societies. As such, this study contributes to the explanation of the gradual convergence of many non-Western traditional legal cultures with typically continental legal structures. This ePaper provides an in-depth analysis of the origin, further development and termination of this controversial institution of public international law as applied to the Ottoman Empire and China. Mariano Garcia Rubio Prize 2013 in International Law.
