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Extraterritoriality In East Asia
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Book Synopsis Extraterritoriality in East Asia by : Ireland-Piper, Danielle
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.
Book Synopsis Extraterritoriality in East Asia by : Danielle Ireland-Piper
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.
Book Synopsis Grounds of Judgment by : Pär Kristoffer Cassel
Download or read book Grounds of Judgment written by Pär Kristoffer Cassel and published by . This book was released on 2012 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps more than anywhere else in the world, the 19th century encounter between East Asia and the Western world has been narrated as a legal encounter. This book explores extraterritoriality and the ways in which Western power operated in East Asia from the 1820s to the 1920s.--Résumé de l'éditeur.
Book Synopsis Rule of Law Or Rule of Laws by : Pär Kristoffer Cassel
Download or read book Rule of Law Or Rule of Laws written by Pär Kristoffer Cassel and published by . This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Grounds of Judgment by : P?r Kristoffer Cassel
Download or read book Grounds of Judgment written by P?r Kristoffer Cassel and published by Oxford University Press. This book was released on 2012-01-11 with total page 272 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. P?r 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.
Book Synopsis The Extraterritorial System in China: Final Phase by : John Carter Vincent
Download or read book The Extraterritorial System in China: Final Phase written by John Carter Vincent and published by Harvard University Press. This book was released on 1970 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: By detailing the extent of foreign domination and privilege in China in the period between the first and second world wars, when the 'unequal treaty' system of the nineteenth century persisted in the face of burgeoning Chinese nationalism, John Carter Vincent helps us to understand the sources of Chinese Communist resentment and conduct.
Book Synopsis British Extraterritoriality in Korea 1884 - 1910 by : Christopher Roberts
Download or read book British Extraterritoriality in Korea 1884 - 1910 written by Christopher Roberts and published by Renaissance Books. This book was released on 2021-05-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the root of Britain's requirement for extraterritorial rights was its need, as a commercial and trading power, for British subjects to be able to trade on a publicly available set of legal rules which were applied consistently and fairly by an indepedent judiciary and to ensure that British subjects in foreign countries were not subject to a capricious or arbitrary criminal law system. As Western powers had expanded into Asia from the seventeenth century onwards, their economic and military power had enabled them to impose their demands for extraterritoriality upon Asian countries in a form of legal imperialsim. So, when they came to Korea at the end of the nineteenth century, they simply continued in this fashion--as had Japan in 1876 when, as part of its march to achieve parity of status with the Western powers, it had insisted upon extraterritoriality for itself and its subjects in Korea"--Page xxv of Preface.
Book Synopsis Legal Imperialism by : Turan Kayaoğlu
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.
Book Synopsis Extraterritoriality by : Fan Victor Fan
Download or read book Extraterritoriality written by Fan Victor Fan and published by Edinburgh University Press. This book was released on 2019-07-17 with total page 485 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.
Book Synopsis Extraterritoriality in China by : Foreign Policy Association
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:
Book Synopsis Private International Law in East Asia by : Olivier Gaillard
Download or read book Private International Law in East Asia written by Olivier Gaillard and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Book Synopsis The World Imagined by : Hendrik Spruyt
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.
Book Synopsis Trial After Triumph by : William E. Odom
Download or read book Trial After Triumph written by William E. Odom and published by . This book was released on 1992 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, William Odom analyzes the security strategies of each Northeast Asian nation and, specifically, their strategies toward one another within the region.
Book Synopsis Exporting Legality by : Mariya Tait Slys
Download or read book Exporting Legality written by Mariya Tait Slys and published by Graduate Institute Publications. 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.
Book Synopsis International Law in the Long Nineteenth Century (1776-1914) by : Inge Van Hulle
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.
Book Synopsis East Asia in the World by : Stephan Haggard
Download or read book East Asia in the World written by Stephan Haggard and published by Cambridge University Press. This book was released on 2020-10-29 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible collection examines twelve historic events in the international relations of East Asia.
Book Synopsis International Law and Japanese Sovereignty by : Douglas Howland
Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
