International Law and Japanese Sovereignty

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Author :
Publisher : Springer
ISBN 13 : 1137567775
Total Pages : 232 pages
Book Rating : 4.1/5 (375 download)

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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.

State Sovereignty

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Publisher : Penn State Press
ISBN 13 : 9780271041162
Total Pages : 228 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis State Sovereignty by : Sohail H. Hashmi

Download or read book State Sovereignty written by Sohail H. Hashmi and published by Penn State Press. This book was released on 2010-11-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seven essays grapple with some of the paradoxes of national sovereignty in today's world, examining such dimensions as pan-Islamism, new approaches to international human rights, ethnic conflict, lessons from Yugoslavia, and Japan and the tropical forests of southeast Asia. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR

Justice and International Law in Meiji Japan

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Publisher : Taylor & Francis
ISBN 13 : 100083476X
Total Pages : 138 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Justice and International Law in Meiji Japan by : Giorgio Fabio Colombo

Download or read book Justice and International Law in Meiji Japan written by Giorgio Fabio Colombo and published by Taylor & Francis. This book was released on 2023-02-10 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

Japan and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111944
Total Pages : 448 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis Japan and International Law by : Nisuke Andō

Download or read book Japan and International Law written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

Sovereign Rights and Territorial Space in Sino-Japanese Relations

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Publisher : University of Hawaii Press
ISBN 13 : 9780824824938
Total Pages : 322 pages
Book Rating : 4.8/5 (249 download)

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Book Synopsis Sovereign Rights and Territorial Space in Sino-Japanese Relations by : Unryu Suganuma

Download or read book Sovereign Rights and Territorial Space in Sino-Japanese Relations written by Unryu Suganuma and published by University of Hawaii Press. This book was released on 2001-03-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1996, members of the right-wing Japan Youth Federation repaired a lighthouse on one of the Diaoyu (J. Senkaku) Islands, a small group of uninhabited islets north of Taiwan in the Liuqiu (J. Ryukyu) chain, known today as Okinawa. For months, outraged ethnic Chinese in Hong Kong and Taiwan protested Japan’s presence in the islands, and violent confrontations between protesters and the Japanese Marine Self-Defense Force resulted. Tension over these incidents has subsided since 1996, but the sovereignty of the islands remains a concern for both China and Japan. The long and complex history of relations between the two countries has made the problem difficult to resolve. This volatile situation has been further complicated by the involvement of other countries, including the U.S. Although the Diaoyu/Senkaku matter may be characterized as a simple territorial dispute between two nations, it exposes complicated geopolitical relations among Japan, China, Taiwan, and the U.S. in the Asia-Pacific region. Sovereign Rights and Territorial Space in Sino-Japanese Relations is an investigation of the highly topical issues involved in the Diaoyu/Senkaku confrontation. It begins by addressing the issue of the historical development of the dispute: To whom do the islands belong? When did China and Japan become involved? Does historical evidence prove who has sovereignty over the islands? How has irredentism (the claim to territory based on one or another historical “right”) become a major state policy in both countries? Other issues center on Chinese views of sovereignty and methods of delimiting territorial boundaries during the Ming and Qing periods, the Chinese concept of hegemony, and the history behind the deep mistrust that permeates Sino-Japanese relations. Finally, the author discloses the interwoven relationship between geography and history in East Asia. Chinese and Japanese geographers have for centuries been engaged in historical analyses of the islands. Their work, which has been used in the development of national security and diplomatic policies, is an important resource and one that this book makes available to Western scholars for the first time. In addition to his careful examination of these and other sources, Suganuma utilizes theoretical writings on geographical irredentism to expose the biases of recent work on the Diaoyu/Senkaku dispute. This volume is the fullest scholarly treatment that the contested issue of the Diaoyu/Senkaku Islands has received to date in any language. It contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions. No one who reads it will look at sovereignty in the same way again.

Legal Imperialism

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Publisher : Cambridge University Press
ISBN 13 : 0521765919
Total Pages : 247 pages
Book Rating : 4.5/5 (217 download)

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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.

Contextualising International Law in Northeast Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509915303
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contextualising International Law in Northeast Asia by : Asif H Qureshi

Download or read book Contextualising International Law in Northeast Asia written by Asif H Qureshi and published by Bloomsbury Publishing. This book was released on 2018-09-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

FOCUSING ON THE DIAOYU ISLANDS

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Publisher : American Academic Press
ISBN 13 : 1631815695
Total Pages : 362 pages
Book Rating : 4.6/5 (318 download)

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Book Synopsis FOCUSING ON THE DIAOYU ISLANDS by : Junmin Wang

Download or read book FOCUSING ON THE DIAOYU ISLANDS written by Junmin Wang and published by American Academic Press. This book was released on 2022-04-14 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book mainly demonstrates the sovereignty over the Diaoyu Islands, illustrates the significance, approach and means of peaceful settlement of the Diaoyu Islands dispute, and clarifies China’s principal stand on the Diaoyu Islands issue. According to mode of territorial acquisition, the critical date and the inter-temporal theory in international law, the Diaoyu Islands had been China’s territory rather than terra nullius or a part of Ryukyu before 1895. Therefore, Japan could not acquire the Diaoyu Islands by occupation. Instead, Japan acquired the Diaoyu Islands by cession during the Sino-Japanese War in 1895. In light of the situation and inter-temporal law of the critical date, China resumed her sovereignty over the Diaoyu Islands after WWII. China beyond any doubt enjoys the sovereignty over the Diaoyu Islands. China upholds the principle of peaceful settlement of the Diaoyu Islands dispute and strongly opposes settling the dispute by means of violence. Studies show that the settlement of the Diaoyu Islands dispute can be analyzed and studied in reference to the operational mode of the International Court of Justice, and China and Japan should take the Franco-German reconciliation model to resolve the Diaoyu Islands dispute politically.

Japanese Intervention in China's Revolutionary War a Violation of International Law and China's Sovereignty

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Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Japanese Intervention in China's Revolutionary War a Violation of International Law and China's Sovereignty by : University of Michigan. Chinese students' club

Download or read book Japanese Intervention in China's Revolutionary War a Violation of International Law and China's Sovereignty written by University of Michigan. Chinese students' club and published by . This book was released on 1928 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The China-Japan Border Dispute

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Publisher : Routledge
ISBN 13 : 131703855X
Total Pages : 214 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The China-Japan Border Dispute by : Tim F. Liao

Download or read book The China-Japan Border Dispute written by Tim F. Liao and published by Routledge. This book was released on 2016-03-09 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crossing disciplinary boundaries, this volume offers a rare forum for a serious analysis of the territorial dispute over the Diaoyu/Senkaku Islands between China and Japan. To understand the complexity of the dispute and to find peaceful solutions, we must reach beyond the confines of a single discipline and perspective. The volume deconstructs conflicting perspectives on the two sides of the dispute. Territorial disputes often become symbolic expressions of nationalistic rivalries, particularly as political claims for territories escalate and economic competition for resources between countries intensifies. Cutting through the political rhetoric on both sides of the controversy and bringing together a group of eight scholars from the disciplines of history, international relations, law, political science, and sociology, this book analyzes the relevant history, international law, multilateral relations, political agendas, and social and collective memory, to shed light on this difficult dispute. Taken together, the chapters of the book propose short-term, medium-term, and long-term peaceful solutions for going beyond the impasse of the current territorial dispute.

Claims to Territory between Japan and Korea in International Law

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Publisher : Xlibris Corporation
ISBN 13 : 1493182161
Total Pages : 180 pages
Book Rating : 4.4/5 (931 download)

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Book Synopsis Claims to Territory between Japan and Korea in International Law by : Pilkyu Kim, PhD

Download or read book Claims to Territory between Japan and Korea in International Law written by Pilkyu Kim, PhD and published by Xlibris Corporation. This book was released on 2014-03-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The period following World War II has witnessed numerous international territorial disputes, particularly in Asia and Africa. Even as we enter the twenty-first century, a large number of these territorial disputes over sovereignty remain unresolved and continue to pose significant diplomatic barriers for the parties involved. Clive Schofield, the author of Global Boundaries, identified10 disputed island “hot spots” around the globe, including the Falkland Islands, Dokdo (Takeshima), Diaoyu (Senkaku), and the Kurile and Spratly Islands, among others. Turning our attention to Northeast Asia, one territorial dispute of historic significance concerns a set of small rocky islets known as Dokdo in Korean or Takeshima in Japanese. Upon closer examination, these small islets represent more than just a dispute over territorial boundaries, but a historic source of tension and sensitivity that can be traced back to the period of Japanese imperialist aggression in Korea during the first half of the twentieth century. Today, this controversial territorial dispute remains as a critical obstacle to the amicable relations between Korea and Japan. Much of the problem appears to stem from the inability of both countries to reach a consensus on two interconnected issues: historical misperceptions and divergent legal interpretations over territorial claims to sovereignty. Bearing these two issues in mind, this book seeks to offer a fresh examination of the major historical and legal arguments at both sides of the Dokdo conflict from the perspective of international law. Through this approach, it is hoped this book will not only contribute to a better understanding of the facts and truth behind the Dokdo dispute, but also generate further discussion on how Korea and Japan might advance a productive dialog to achieve a meaningful resolution to this longstanding problem.

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 30 (2012)

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Author :
Publisher : BRILL
ISBN 13 : 9004425047
Total Pages : 360 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 30 (2012) by :

Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 30 (2012) written by and published by BRILL. This book was released on 2020-02-03 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.

The Changing Postwar International Legal Regime

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Publisher : BRILL
ISBN 13 : 9047403150
Total Pages : 200 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Changing Postwar International Legal Regime by : Wakamizu Tsutsui

Download or read book The Changing Postwar International Legal Regime written by Wakamizu Tsutsui and published by BRILL. This book was released on 2002-10-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In view of the practices of the Second World War, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of "no use of force". To meet the reality of wartime collaboration in each region, it adopted self-defense as the basis for individual action. The postwar international legal order has been realized through self-defense as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter. Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's "Peace Constitution". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on "freedom of conscience". This work should be read by anyone interested in the development of international law and its influence on international relations.

International Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 0191576204
Total Pages : 144 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe

Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Contextualising International Law in Northeast Asia

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Author :
Publisher :
ISBN 13 : 9781509915330
Total Pages : 194 pages
Book Rating : 4.9/5 (153 download)

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Book Synopsis Contextualising International Law in Northeast Asia by : Asif Hasan Qureshi

Download or read book Contextualising International Law in Northeast Asia written by Asif Hasan Qureshi and published by . This book was released on 2019 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Northeast Asia is one of the most important regions of the world, both economically and in terms of its historical heritage. The region poses significant challenges for international law, whilst international law can unleash cooperative endeavours which could place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region; the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers."--Bloomsbury Publishing.

Japanese Private International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509924302
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Japanese Private International Law by : Kazuaki Nishioka

Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

The International Legal Status of the Ryukyu Islands

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Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis The International Legal Status of the Ryukyu Islands by : Tsuyoshi Ginoza

Download or read book The International Legal Status of the Ryukyu Islands written by Tsuyoshi Ginoza and published by . This book was released on 1960 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: