The concept of sovereignty -- Sovereignty in ancient China -- The emergence of modern sovereignty in the Late Qing Dynasty -- Nationalism in China -- Sovereignty and human rights in China -- China's contemporary perspective of sovereignty.
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.
The One-China Policy: State, Sovereignty, and Taiwan's International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. - Responds to a key international issue of our time - Takes a legal perspective on Taiwan and the One-China policy - Considers the definition of a nation State from first principles, also offering new definitions - Applies international law on territory to draw conclusions on Taiwan and its relation to the People's Republic of China - Systematically critiques the role of the UN and other global actors in relation to Taiwan
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.
This book analyses Chinese social constructions of sovereignty in the context of the East China Sea conflict. It specifically explores China and Taiwan's overlapping cross-Strait sovereignty claims and their domestic debates and policies towards the territorial dispute. Providing an up-to-date discussion of the East China Sea conflict, the book challenges conventional assumptions regarding both Beijing's and Taipei's adherence to the classical notion of Westphalian sovereignty. Instead, it brings China and Taiwan into the Constructivist analytical framework and develops a domestic agency-focused approach to demonstrate the social power of ideas and the centrality of domestic actors in the production of sovereignty. Offering a comprehensive examination of Chinese, Taiwanese, Japanese and US responses at the domestic and international levels, the book studies the sovereignty narratives and the coordination of efforts made by the PRC and ROC authorities to counter Japan's territorial claims in the East China Sea. Featuring extensive analysis of the conceptual approaches to understanding Chinese sovereignty, Chinese Constructions of Sovereignty and the East China Sea Conflict will be useful for students and scholars of Chinese and Asian politics, as well as international relations and security studies.
At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. China’s relation to Taiwan has been in constant contention since the founding of the People’s Republic of China in October 1949 and the creation of the defeated Kuomintang (KMT) exile regime on the island two months later. The island’s autonomous sovereignty has continually been challenged, initially because of the KMT’s insistence that it continue to represent not just Taiwan but all of China—and later because Taiwan refused to cede sovereignty to the then-dominant power that had arisen on the other side of the Taiwan Strait. One thing that makes Taiwan so politically difficult and yet so intellectually fascinating is that it is not merely a security problem, but a ganglion of interrelated puzzles. The optimistic hope of the Ma Ying-jeou administration for a new era of peace and cooperation foundered on a landslide victory by the Democratic Progressive Party, which has made clear its intent to distance Taiwan from China’s political embrace. The Taiwanese are now waiting with bated breath as the relationship tautens. Why did détente fail, and what chance does Taiwan have without it? Contributors to this volume focus on three aspects of the evolving quandary: nationalistic identity, social economy, and political strategy.
Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
The China Questions 2 assembles top experts to explore key issues in US–China relations today, including conflict over Taiwan, economic and military competition, public health concerns, and areas of cooperation. Rejecting a new Cold War mindset, the authors call for dealing with the world’s most important bilateral relationship on its own terms.