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Author : Clarence Gladden Osborn
Publisher :
ISBN 13 :
Total Pages : 1078 pages
Book Rating : 4.F/5 ( download)
Download or read book American Extraterritorial Jurisdiction in China to 1906 written by Clarence Gladden Osborn and published by . This book was released on 1935 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Department of State. Division of Far Eastern Affairs
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.:/5 (327 download)
Download or read book Administration of Justice in Chinese and Extraterritorial Courts in China written by United States. Department of State. Division of Far Eastern Affairs and published by . This book was released on 1925 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Turan Kayaoğlu
Publisher : Cambridge University Press
ISBN 13 : 0521765919
Total Pages : 247 pages
Book Rating : 4.5/5 (217 download)
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.
Author : Foreign Policy Association
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.F/5 ( download)
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:
Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)
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.
Author : American Society of International Law
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.3/5 (129 download)
Download or read book Proceedings of the American Society of International Law at the Meeting of Its Executive Council written by American Society of International Law and published by . This book was released on 1921 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maria Adele Carrai
Publisher : Cambridge University Press
ISBN 13 : 1108474195
Total Pages : 301 pages
Book Rating : 4.1/5 (84 download)
Download or read book Sovereignty in China written by Maria Adele Carrai and published by Cambridge University Press. This book was released on 2019-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.
Author : Eileen P. Scully
Publisher : Columbia University Press
ISBN 13 : 0231506317
Total Pages : 321 pages
Book Rating : 4.2/5 (315 download)
Download or read book Bargaining with the State from Afar written by Eileen P. Scully and published by Columbia University Press. This book was released on 2001-03-29 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1990s, when organizations representing the 2.6 million U.S. nationals living abroad appealed to Congress for their own non-voting representative, the response of one Senator was to dismiss these "moans of the mink-swathed Americans abroad." However, the image of a life of luxury abroad is usually a harsher reality complicated by income taxes, military duty, and legal jurisdiction. What exactly is the obligation of a state toward citizens who live outside its borders? Bargaining with the State from Afar traces the relationship between the United States federal government and sojourning Americans living in the colonial enclaves of pre-World War II China. This group of Americans was not subject to Chinese law, but rather to an amalgam of laws borrowed from the District of Columbia and other territorial codes, as well as to local ordinances enacted by foreigners themselves. Scully explores U.S. government efforts to police this anomalous zone in the American policy and places the struggle between federal officials and sojourning U.S. nationals in the larger context of changing international law and modern citizenship regimes. She argues that the American experience with extraterritorial justice in China offers an important new vantage point from which to examine a singular area in the history of modern states. This case study of U.S. consular jurisdiction reveals the legal, political, and cultural process through which modern states have struggled to govern citizens outside their borders. Scully's examination of the U. S. Court for China is one of the first serious analysis of this anomalous institution.
Author : United States. Department of State
Publisher :
ISBN 13 :
Total Pages : 1260 pages
Book Rating : 4.X/5 (4 download)
Download or read book Papers Relating to the Foreign Relations of the United States written by United States. Department of State and published by . This book was released on 1922 with total page 1260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Scott
Publisher : State University of New York Press
ISBN 13 : 0791477428
Total Pages : 375 pages
Book Rating : 4.7/5 (914 download)
Download or read book China and the International System, 1840-1949 written by David Scott and published by State University of New York Press. This book was released on 2008-11-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the images, hopes, and fears that were evoked during China’s century-long subservience to external powers.
Author : American Society of International Law
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.:/5 (321 download)
Download or read book An Analytical Index to the American Journal of International Law, and Supplements ... and the Proceedings of the American Society of International Law written by American Society of International Law and published by . This book was released on 1921 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States Naval Institute
Publisher :
ISBN 13 :
Total Pages : 936 pages
Book Rating : 4.F/5 ( download)
Download or read book Proceedings of the United States Naval Institute written by United States Naval Institute and published by . This book was released on 1933 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.1/5 (52 download)
Download or read book Journal of the American Asiatic Association written by and published by . This book was released on 1907 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jedidiah J. Kroncke
Publisher : Oxford University Press
ISBN 13 : 0190493372
Total Pages : 373 pages
Book Rating : 4.1/5 (94 download)
Download or read book The Futility of Law and Development written by Jedidiah J. Kroncke and published by Oxford University Press. This book was released on 2016-01-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.
Author : Kal Raustiala
Publisher : Oxford University Press
ISBN 13 : 0199858179
Total Pages : 326 pages
Book Rating : 4.1/5 (998 download)
Download or read book Does the Constitution Follow the Flag? written by Kal Raustiala and published by Oxford University Press. This book was released on 2011 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
Author : Stephen W. Stathis
Publisher : CQ Press
ISBN 13 : 1071920758
Total Pages : 1030 pages
Book Rating : 4.0/5 (719 download)
Download or read book Landmark Legislation 1774-2022 written by Stephen W. Stathis and published by CQ Press. This book was released on 2024-04-09 with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Legislation 1774-2022, Third Edition is a comprehensive guide to important laws and treaties enacted by the U.S. Congress. This updated edition includes landmark legislation from the last five Congresses (2013-2022) on issues like climate change, criminal justice, education, and more. It features carefully selected acts and treaties with historical significance and has an updated index and bibliography for easy access. A must-have for public and academic libraries with American history or political science collections.
Author : Curtis A. Bradley
Publisher : Oxford University Press
ISBN 13 : 0190217790
Total Pages : 511 pages
Book Rating : 4.1/5 (92 download)
Download or read book International Law in the U.S. Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2015-03-24 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
